Public hearing followed by discussion and possible action on any and all matters regarding Proposed Ordinance No. 468.  An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, continuing the occupational registration for peddlers as set forth in City Code Chapter 5.10 and finding the registration requirement is necessary to protect the health, safety or welfare of the public; and amending City Code § 5.10.020 to clarify the application process requirements; repealing any conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)

A. Staff presentation
B. Open Public Hearing
C. Call to the public on this item
D. Close Public Hearing
E. Action on reading of Ordinance No. 468, by title only
D. Action on Ordinance No. 468

BACKGROUND
The City of San Luis has required any person operating as a solicitor, peddler, hawker, salesperson, or vendor of goods, wares, merchandise, newspapers, magazines, or services, who goes from house to house, or to only one house within the City to register with the San Luis Police Department since 1982. Recently, it was discovered the City Code is not in line with requirements in the State Legislature amendments to A.R.S. § 9-842. This requirement prohibits a city or town from imposing an occupational licensing requirement, such as police registration, unless the requirement is necessary to protect the health, safety, or welfare of the public. This statute also requires a public hearing before the adoption of an occupational licensing requirement, effective August 3, 2018. As City Code chapter 5.10 was in effect before this date, the City’s occupational licensing wasn’t due for a public hearing until May 3, 2023.

In order to regularize Chapter 5.10 of the City Code, a public hearing must be held every five (5) years, where the City must demonstrate that registration is necessary.

Furthermore, to simplify the registration process, the City proposes to amend San Luis City Code Section 5.10.020, requiring only one photograph for registration, while rephrasing the remaining language in a clearer tone to reflect this change.

THE PURPOSE OF THIS ORDINANCE
This ordinance continues the occupational registration for peddlers as set forth in City Code chapter 5.10. This police registration is necessary to protect the health, safety, or welfare of the public as peddlers go door to door for their sales. A peddler with ill intentions could potentially use this occupation to conduct reconnaissance for later crimes or gather residents' details to exploit their personal information for malicious purposes. This registration and fingerprinting process ensures that anyone authorized to perform these sales within the city can be easily identified in the event of such an instance.

Further, this ordinance amends San Luis City Code section 5.10.020 to read “(A) Applicants for police registration under the terms of SLCC 5.10.010 shall be required to furnish one (1) satisfactory photograph of the applicant, which will be attached to the applicant’s registration card and sealed by the police department. A photocopy of the complete registration card will be retained by the Police Department while the registration is valid. The applicant shall file his or her fingerprint identification with the Police Department, and upon a criminal history check and review, the Chief of Police may issue a registration card. (B) The applicants for police registration shall be required to furnish to the Police Department a complete description of the product to be sold in the City together with information regarding sales methods to be used and references that will enable the Chief of Police to determine whether or not the applicant is qualified to receive a registration card as provided in SLCC 5.10.030.  Investigation by the Chief of Police under the provisions of this chapter shall be completed within 15 days after the applicant has given the required information. Any applicant denied registration shall be provided with a written notice detailing the reason and appeal process.”