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AGENDA ITEM REVIEW FORM

7.C.

Regular City Council Meeting

Meeting Date:: 02/08/2023
Department Head:: Kay Macuil
Submitted By:: Kay Macuil, City Attorney, Attorney's Office

Action Requested:

Motion
Ordinance

ITEM:

Discussion and possible action on any and all matters regarding Ordinance No. 436. An ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending and restating the San Luis City Code § 5.05.090 (B) and adding § 5.05.090(C) on Garage Sale business regulation, removing the yearly limitation; repealing any conflicting provisions; providing for severability; and imposing a penalty. (Kay Marion Macuil, City Attorney)

A. Action to Read Ordinance No. 436 by title only
(City Clerk to read Ordinance No. 436 by title)
B. Action on Ordinance No. 436

SUMMARY:

Timeline
On September 20, 1979, City Council first established business regulation by Ordinance No. 5.
On May 11, 2005, City Council allowed Garage Sales three (3) times per year per residential location by Ordinance No. 229.
On November 12, 2014, City Council removed a fee requirement for registering Garage Sales by Resolution No. 1077.
On November 24, 2014, City Council increased the number of Garage Sales to four (4) times per year per residential location by Ordinance No. 332.
(The above documents are attached.)
Now the above ordinances are integrated into the San Luis City Code Section 5.05.090(B) which says:

"Garage sales are limited to three consecutive days conducted no more frequently than four times per calendar year per residential location. Sales of this nature must be registered with the City pursuant to the provisions of SLCC 5.05.10 through 5.05.060. Sales of this nature occurring beyond these limits are prohibited."

What Ordinance 436 Does

This ordinance removes the yearly limitation on Garage Sales. However, so that Garage Sales do not turn into commercial enterprises in residential neighborhoods, and for ease of administration and enforcement, the ordinance makes the following changes:

(1) rather than the limitation of three (3) consecutive days allowed four (4) times per year, it has been the experience that Garage Sale registrations are only for Thursdays, Fridays, Saturdays, and Sundays. So the Ordinance limits Garage Sales to those four (4) days of the week.

(2) Currently, the city receives an average of five (5) to ten (10) Garage Sale registrations a week. With unlimited Garage Sales in a year, there could be a burden on staffing resources without a fee to pay for it. (The Garage Sale registration will continue to be free.) To avoid the potential for too many repetitive registrations, the ordinance allows one registration that will be good through the end of the calendar year.

RECOMMENDATION / SUGGESTED MOTION:

A. I MOVE TO APPROVE THE READING OF ORDINANCE NO. 436 BY TITLED ONLY
(THE CITY CLERK READS ORDINANCE NO. 436 BY TITLE)

B. I MOVE TO APPROVE ORDINANCE NO. 436 AS PRESENTED.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:: No
CITY/STATE/FEDERAL FUNDS:: N/A
TOTAL:: N/A
BUDGETED AMOUNT:: N/A
AVAILABLE AMOUNT TO TRANSFER:: N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:: N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

There is no discernable fiscal impact. The Garage Sale registration will continue to issue free of charge, so there is no projected revenue. It is not expected that more staff will be needed due to this change in Garage Sale regulation.

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