16.05.010 Definitions.
In this chapter, unless the context otherwise requires:
Business: Any activity, trade, calling, profession, or occupation, whether a sole proprietorship, partnership, corporation, limited liability company or other recognized entity, which provides delivery of products and/or services within the corporate limits of the City of Show Low. Business does include a distributor/wholesaler with a business location within the corporate limits of the City of Show Low, but does not include a distributor/wholesaler located outside the city’s corporate limits. Business does not include public schools, churches, amateur athletic teams or other similar organizations. Business includes “home occupations” as defined by the City of Show Low zoning ordinance.
(1) “Permanent business” means a business use which occurs for a period of more than six (6) months in any twelve (12) month period.
(2) “Temporary business” means a temporary business use which occurs for a period of less than six (6) months in any twelve (12) month period.
Carnival: Circuses, menageries, side shows, and other similar amusement enterprises which are open to the public. The term “carnival” as used herein shall include rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, and side shows.
Department: The City of Show Low planning and zoning department.
Distributor/wholesaler: A person or business who sells or distributes goods to retailers for resale only. A distributor/wholesaler shall not include a person or business who sells goods direct to the public. A person or business who sells or distributes goods both to resellers and the public does not qualify as a distributor/wholesaler for purposes of this chapter.
Drug: Any narcotic drug, dangerous drug, marijuana or peyote as defined by state statute.
Drug Paraphernalia.
(1) All equipment, objects, devices, instruments, products and materials of any kind which are primarily used, intended for use, adapted, or designed and marketed for use in ingesting, inhaling or otherwise introducing a drug into the human body. It includes:
(a) Metal, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls; and
(b) Any pipe characterized by a bowl which is so small, or of such a material or other design characteristic, that the primary use for which it is reasonably adapted, marketed or designed for is the smoking of drugs, rather than tobacco, with or without a screen; and
(c) Water pipes; and
(d) Carburetion tubes and devices; and
(e) Smoking and carburetion masks; and
(f) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; and
(g) Miniature cocaine spoons with level capacities of one-tenth (1/10) cubic centimeter or less and cocaine vials; and
(h) Chamber pipes; and
(i) Carburetor pipes; and
(j) Electric pipes; and
(k) Air-driven pipes; and
(l) Chillums; and
(m) Bongs; and
(n) Ice pipes or chillers.
(2) In determining whether an object is drug paraphernalia for purposes of this chapter, a court or other authority may consider, in addition to all other logically relevant factors, the following:
(a) Statements made by anyone in control of the object concerning its use;
(b) Instructions, oral or written, if any, provided with the object concerning its use;
(c) Descriptive materials, if any, accompanying the object that explain or depict its use;
(d) The manner and context in which the object is promoted, marketed, or displayed for sale;
(e) Prior convictions, if any, of any owner or anyone in control of the object under any local, state or federal law relating to any drug or including but not limited to paraphernalia;
(f) Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business;
(g) The proximity of the object to other items of drug paraphernalia;
(h) Advertising concerning its use;
(i) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; and
(j) Expert testimony concerning its use; and
(k) The existence and scope of legitimate uses of the item in the community.
(3) Exceptions. For purposes of this chapter, the definition of “drug paraphernalia” shall not apply to marijuana-related drug paraphernalia as allowed by state statute, cigarette rolling papers and wooden pipes with large bowls and stems traditionally designed, marketed and intended for use with tobacco products, nor to public officers or employees while engaged in the performance of their official duties.
Fire district: The Timber Mesa Fire and Medical District or other fire district, or municipal fire department, as applicable.
Home occupation: Any activity carried out for gain by a resident, conducted as an accessory use in the resident’s dwelling unit. Home occupations shall be permitted in any residential zone upon the issuance of a home occupation permit and a business permit from the City of Show Low.
Mobile sales unit: Any vehicle or other type of conveyance used for carrying tangible personal property for sale at or adjacent to the vehicle in which such tangible personal property is carried.
Mobile vendor: Any person who sells any type of tangible personal property, including but not limited to food and drink, at or adjacent to the person’s mobile sales unit in which such tangible personal property is carried. This definition shall not include any person working or acting for a person holding a mobile merchant permit issued in accordance with this section. A mobile vendor does not include sales of prepackaged food which take place on noncollector city streets and which do not obstruct the city right-of-way for more than five (5) minutes at a time.
Nonprofit organization: Any association, business or other entity, organized and operated not for pecuniary profit and which has a letter or other document from the Internal Revenue Service verifying such nonprofit status.
Peddler: Any person who conducts the business of selling goods, wares, merchandise, food or personal property of any nature whatsoever and who does not intend to establish a permanent business location within the city or who conducts such business by foot, cart, wagon, motor vehicle or any other type of conveyance from place-to-place, house-to-house, street-to-street, or business-to-business. Peddler shall not include a distributor/wholesaler.
Permit: The required permit, permanent or temporary, as required by this chapter.
Permittee: The person who applied for the permit pursuant to this chapter and in whose name such permit was issued pursuant to this chapter.
Person: An individual, firm, sole proprietorship, partnership, joint venture, association, corporation, limited liability company or any other recognized entity acting as a unit; “person” shall apply in the plural as well as the singular number. Person includes subsidiaries of corporations or other businesses.
Planning and zoning director or director: The director of the city’s planning and zoning department and his or her designee.
Police department: The police department of the City of Show Low.
Retailer: A person who buys products or goods from a producer, licensed manufacturer or a distributor/wholesaler for resale to a consumer only.
Right-of-way: An area of land that is used for public street or highway purposes.
Semi-permanent structure: Any equipment or displays, or dining area, including, but not limited to, canopies, tables, booths, bar stools, benches, stand-up counters.
Solicitor: A salesman or peddler which takes or attempts to take orders for the sale and future delivery of goods, wares, merchandise, intangibles, personal property of any nature whatsoever or services to be furnished or performed in the future, rather than selling such items from inventory or stock currently in possession. A person may be a solicitor regardless of whether such person has, carries, or exposes for sale a sample of the subject of such order, and regardless of whether such person collects advance payment on such sales or orders. “Solicitor” shall not include a distributor/wholesaler.
Special event: Including, but not limited to, holiday sales, show promoters and show vendors, temporary swap meets, art shows, festivals, carnivals, religious revivals, political rallies, vehicle shows and displays, swap meets, rodeos, parades, marches, demonstrations and similarly recognized temporary activities. A special event may take place inside a temporary or permanent structure or outside. A special event shall not include weddings and funeral ceremonies, elections, private yard sales, fundraising-type car washes, and activities such as retail sales promotions that are otherwise lawfully conducted and which are in accordance with the provisions of the city’s zoning regulations. A special event shall not include minor fundraising activities of public schools, churches, or other nonprofit organizations which have a minimal impact on surrounding properties. Any organization claiming nonprofit status shall possess a letter or other documentation from the Internal Revenue Service proving nonprofit status.
Temporary merchant: A person who engages in the temporary business of selling and delivering goods, wares, or merchandise within the city, and who in furtherance of such purpose hires, leases, uses, or occupies any building, structure, motor vehicle, tent, public room in a hotel, lodging house, apartment, shop, or any street, alley, or other place within the city for the exhibition and sale of such goods, wares, or merchandise either privately or at public auction. A temporary merchant is limited to a maximum of fourteen (14) days within a sixty (60) day period. The person or firm so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary business with, as a part of, or in the name of any such dealer, trader, merchant, or auctioneer.
Zoning regulations: The City of Show Low zoning ordinance. (Ord. No. 386, § 3, 6-6-95; Ord. No. 2003-08, §§ 1, 2, 9-2-03; Ord. No. 2004-12, § 1, 7-6-04; Ord. No. 2014-02, §§ 1, 2, 5-20-14; Ord. No. 2017-05, § 1, 10-17-17; Ord. No. 2018-04, § 1, 11-6-18; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 8-1-1)