A.R.S. tit. 9 ch. 7 — Arizona Revised Statutes Title 9 Chapter 7 — Ordinances And Codes; Publication; Elections And Voters

9-801. Definitions In this article, unless the context otherwise requires: 1. "Code" means a published compilation of rules or regulations prepared by a technical trade association and includes any building code, electrical wiring code, health or sanitation code, fire prevention code, wildland-urban interface code, inflammable liquids code, code for slaughtering, processing and selling meat and meat products or for production, pasteurizing and sale of milk and milk products, or other code that embraces rules and regulations pertinent to a subject that is a proper subject of municipal legislation. 2. "Municipality" means a city or town organized in accordance with law, including a home rule or charter city. 3. "Public record" includes a statute, rule or regulation of the United States, this state or the municipality that is desired to be adopted by reference. 4. "Published" means printed, lithographed, multigraphed, mimeographed or otherwise reproduced, including electronic reproduction online. 9-802. Procedure for adoption by reference A municipality may enact the provisions of a code or public record theretofore in existence without setting forth the provisions, but the adopting ordinance shall be published in full. Exhibits are not required to be published as long as the words "exhibits on file at" and the location where they can be located are printed on the bottom of the adopting ordinance. At least three paper copies or one paper copy and one electronic copy maintained in compliance with section 44-7041 of the code or public record shall be filed in the office of the clerk of the municipality and kept available for public use and inspection. A code or public record enacted by reference may be amended in the same manner. 9-803. Limitation on enactment of penalty clauses No penalty clause shall be enacted by reference thereto. A penalty clause contained in a code or public record adopted by reference shall be set forth in full in the adopting ordinance. 9-804. Ratification of certain enactments by reference The enactment of any municipality which has adopted a code or public record by reference thereto prior to March 29, 1951 is ratified and declared effective upon the filing of three copies of the code or public record with the clerk of the municipality. 9-805. Building code moratorium on residential and commercial buildings Beginning June 30, 2009 through June 30, 2011, any new or modified residential or commercial building code or other related code that is adopted by a municipality does not apply to a residential or commercial building that received a final site plan or subdivision plat, planned area development or similar approval by a municipality before June 1, 2009. This section does not prohibit any code changes to the extent and duration required to comply with conditions for federal stimulus funding. 9-806. Wildland-urban interface code A. A city or town may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property. B. A city or town must follow written public procedures in the development and adoption of the code and any revisions to the code to provide effective, early and continuous public participation through: 1. The broad dissemination and publicity of the proposed code and any revisions to the code. 2. The opportunity for submission and consideration of written public comments. 3. Open discussions, communications programs and information services. 4. Consultation with federal agencies and state and local officials. 9-807. Mandated fire sprinklers in certain residences prohibited; exception; permit application format A. A municipality shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single family detached residence or any residential building that contains not more than two dwelling units. A municipality shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This section does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. B. A fire sprinkler permit application may be in either print or electronic format. C. A municipality shall include the provisions of subsection A of this section on fire sprinkler permit applications that are for a single family detached residence or any residential building that contains not more than two dwelling units. 9-808. Fire apparatus access road or approved route; fire watch requirements; enforcement; intent; state preemption; definitions A. A municipality may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this section. Compliance with this subsection is not grounds to deny or suspend a license or permit. B. Nothing in subsection A of this section prohibits a municipality from adopting fire codes or ordinances to provide sufficient fire access and fire routes that ensure public health and safety. C. If a municipality's fire code requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The municipality shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. D. Subsection A of this section may be enforced in a private civil action and relief, including an injunction, may be awarded against a municipality. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a municipality for a violation of subsection A of this section. E. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by municipal regulation and enforcement. This section supersedes and preempts any regulation adopted by a municipality regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension. F. For the purposes of this section: 1. "Fire code" includes the international fire code, however denominated. 2. "Fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent. 3. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower. 9-809. Semipublic swimming pools; locking device; pool barrier gates; exception A. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by a city or town applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the city or town. B. Subsection A of this section does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3. 9-810. State preemption; utilities; restrictions; prohibition; limitation; definition A. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. A person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a municipality pursuant to this section. B. Any code, ordinance, land use regulation or general or specific plan provision or part of a code, ordinance, land use regulation or general or specific plan provision adopted by a municipality may not prohibit or have the effect of restricting a person's or entity's ability to use the services of a utility provider that is capable and authorized to provide utility service at a person's or entity's property. C. A municipality may not impose a fine, penalty or other requirement that has the effect of restricting a utility provider's authority to operate or serve customers. D. This section does not affect any authority of a municipality to manage the public highways within the municipality's boundaries or to exercise the municipality's police powers to review and approve an application before issuing a permit to perform work in the public highways or to enforce associated permit conditions. E. This section does not affect any authority of a municipality to manage or operate a municipally owned utility. F. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user. 9-810.01. Building codes; refrigerants Any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a municipality may not prohibit the use of refrigerants that are listed as acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code section 7671k) if the equipment used is listed and installed in accordance with the use conditions prescribed in the clean air act. 9-811. Publication of record of proceedings of governing body The minutes of the proceedings of the governing body of an incorporated city or town, or an abstract of the minutes, may be published as the council or board by resolution entered upon their minutes may direct. 9-812. Publication of notices and ordinances A. Notices of election, invitations for bids, notices of letting contracts, laws and ordinances, and other notices of a public character issued by authority of the governing body of any city or town, shall be published in one of the following: 1. A newspaper that is printed and published within the city or town. 2. A newspaper printed and published within the county in which the city or town is located with a greater circulation to residents of the city or town. B. In cases of laws or ordinances enacted on behalf of a private person, he shall pay the expense of publication, and may designate the newspaper. C. Subsection A of this section shall further apply to notices and resolutions that require newspaper publication under title 48, chapter 4 unless otherwise stated in title 48. 9-813. Posting of ordinances and notices Every ordinance imposing a penalty, fine, forfeiture or other punishment, in addition to the provisions of section 9-812, shall be published after its enactment by posting at city or town hall or in one public place, within the city or town, on the city's or town's website and any additional public notice as is reasonable and practicable and shall be in force from and after the date of posting. Exhibits to the ordinance may be excluded from the postings pursuant to this section if the city or town lists in the postings where the exhibits are available for public use and inspection. Posting may be established by the affidavit of the person who posted the ordinance filed with the clerk. 9-821. Law governing municipal elections The manner of conducting and voting at elections of a city or town, of keeping the poll lists, counting and canvassing the votes, certifying the returns, declaring the results and notifying the persons elected, contesting the election, and all acts relating to the election, shall conform to the provisions of law relating to the general election of county officers as nearly as possible, except that the returns shall be made to the clerk of the city or town, and the governing body of the city or town shall canvass the returns, declare the result and issue the certificates of the election. 9-821.01. Declaration of statewide concern; nonpartisan city and town elections; districts; procedure A. Arizona courts have recognized that the Constitution of Arizona requires the legislature's involvement in issues relating to elections conducted by charter cities, including initiative and referendum elections, the method of elections other than by ballot, laws relating to primary elections, voter registration laws to prevent abuse and fraud and campaign finance laws. The legislature finds that the conduct of elections described in this section is a matter of statewide concern. B. Notwithstanding any other law, a city or town shall not hold any election on candidates for which there is any indication on the ballot of the source of the candidacy or of the support of the candidate. C. Notwithstanding any other law, for any city or town that provides for election of city or town council members by district, ward, precinct or other geographical designation, only those voters who are qualified electors of the district, ward, precinct or other geographic designation are eligible to vote for that council member candidate in the city or town's primary, general, runoff or other election. D. Notwithstanding any other law or any charter provision, a city or town may by ordinance provide that at the primary election any candidate for the office of mayor or city council who receives a majority of all votes cast at that election for that office shall be declared elected to the office for which the person is a candidate, effective as of the date of the general election, and a further election may not be held as to such candidate, except that if the person holding the office of mayor or city council at the time of the primary election is holding that office by appointment as prescribed by section 9-235, the following apply: 1. A candidate for the remainder of that term in office who receives a majority of all votes cast at the primary election both: (a) Shall be declared elected after the canvass and certification of the results of that primary election and on taking the oath of office. (b) Shall be seated in accordance with subsection E of this section. 2. A candidate for a new term in that office who receives a majority of all votes cast at the primary election both: (a) Shall be declared elected to the new term of office, effective after the canvass and certification of the results of that primary election and on taking the oath of office. (b) May be seated to complete the remainder of existing term in accordance with subsection E of this section. E. If more than one candidate receives a majority of all votes cast at the primary for an office that is currently being served by a person who is appointed as provided in subsection D of this section, the order of seating the candidates shall be determined by the highest number of votes. F. For the purposes of subsection D of this section, the majority of votes cast is determined by: 1. Calculating the total number of actual votes cast for all candidates for an office whose names were lawfully on the ballot for that office. 2. Dividing the sum reached pursuant to paragraph 1 of this subsection by the number of seats to be filled for the office. 3. Dividing the number reached pursuant to paragraph 2 of this subsection by two and rounding that number to the highest whole number. G. If more candidates receive a majority of votes cast than there are seats to be filled for the office pursuant to subsection D of this section, from among those candidates who receive a majority of votes cast, the candidates who receive the highest number of votes equal to the number of seats to be filled for the office shall be declared elected to that office. H. If at the primary election no candidate receives the majority of the votes cast or the number of seats to be filled for the office is more than the number of candidates who receive a majority of votes cast, of the candidates who did not receive a majority of votes cast, the number of candidates who advance to the general or runoff election shall be equal in number to twice the number of seats to be filled for the office and the candidates who received the highest number of votes for the office shall be the only candidates at the general or runoff election. If more than one candidate received an equal number of votes and that number was the highest number of votes for the office, then all candidates receiving the equal number of votes shall be candidates at the general or runoff election. The candidates equal in number to the seats to be filled for the office who receive the highest number of votes at the general or runoff election shall be declared elected to that office. If two or more candidates receive an equal number of votes cast for the same office, and a higher number than any other candidate, the candidate who shall be declared elected shall be determined by lot in the presence of the candidates. A write-in candidate may not advance to the general or runoff election if the write-in candidate did not receive a number of votes equivalent to at least the same number of signatures required by section 16-322 for nominating petitions for the same office. I. In addition to subsection D of this section, any town with a population of five thousand persons or less may by majority vote of the qualified electors of the town voting on the question provide that at the primary election those candidates receiving the highest number of votes for the offices to be filled shall be declared elected to the office, and a further election may not be held if at least three-fifths of the seats are filled by persons receiving a majority of the votes cast as provided in subsection D of this section. 9-822. Qualifications of voters A. Except as provided in subsection B of this section, a person is not entitled to vote at an election in a city or town if the person has not been a qualified elector as defined in section 16-121 in the city or town for at least twenty-nine days preceding the election. B. Any person who has resided for at least twenty-nine days preceding an election in an area annexed at least twenty-nine days before such election by a city or town is entitled to vote at any such city or town election, if the person is a qualified elector as defined in section 16-121 on the twenty-ninth day before the election. 9-823. Registration of voters; change of registration A. A city or town by ordinance or resolution in writing may provide for and require a registration of the voters of the city or town. The registration may be required every two years, and shall begin within sixty days before, and shall be closed ten days before, the regular city or town election. B. The registration shall show: 1. The name in full of each registered voter. 2. The appropriate title of the voter and that the voter is eighteen years of age or over. 3. Place of birth. 4. Place of residence by street and number, or ward. 5. The date of entry of the registration on the register. C. The voter may change the voter's place of residence as recorded on the register at any time before the closing of the register. D. No person shall vote at any election in any district except the one in which the person has lived for at least ten days next preceding the election and as shown on the register. E. Notwithstanding this section or sections 9-824, 16-104 and 16-105, no city or town may maintain a local voter registration list after July 1, 1985 if the county recorder of the county in which such city or town is located complies with section 16-172. 9-824. Registration for elections In elections where the question of issuing bonds of the municipal corporation is submitted to the qualified electors, the governing body by resolution may require a registration of all persons to vote at the elections, who possess such qualifications. The resolution shall be passed at least thirty days prior to holding the election, and the registration shall begin at least thirty days before and close ten days prior to holding the election. 9-825. Election boards; appointment At least ten days before an election held in a city or town not exceeding two thousand in population, according to the last official census thereof, the governing body shall appoint, from the qualified electors thereof, one inspector, two judges and two clerks, who shall constitute the election board. In a city or town exceeding two thousand in population, according to the last official census thereof, the governing body shall appoint one inspector, two judges and two clerks for each precinct within the corporate limits thereof who shall constitute the election board for such precinct. 9-826. Publicity pamphlet format; state preemption; bond and tax measures A. The legislature finds and determines that for the purposes of increasing voter knowledge and government transparency it is a matter of statewide concern that all municipalities fully inform voters of the effects of any vote to approve a bond, sales tax or property tax measure and, therefore, the legislature finds and declares that the publicity pamphlet format for these measures is of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary. B. Notwithstanding any other law, for any municipal election to approve a bond, sales tax or property tax measure, the publicity pamphlet shall include the following: 1. For a bond approval, an estimate of the annual levy of property taxes sufficient to pay the debt on the bonds. 2. For a sales tax levy, the amount of the tax increase. 3. For a property tax levy, an estimate of the tax for: (a) A single-family residence that is valued at one hundred thousand dollars. (b) Commercial property that is valued at two hundred fifty thousand dollars. (c) Vacant land that is valued at one hundred thousand dollars. 9-831. Definitions In this article, unless the context otherwise requires: 1. "Fire and life safety inspection" means an inspection of a regulated person or facility conducted to ensure fire safety compliance. 2. "Food and swimming pool inspection" means an inspection of a regulated person or facility conducted to ensure the safety of food services, swimming pools and other bathing places. 3. "License" includes the whole or part of any municipal permit, certificate, approval, registration, charter or similar form of permission required by law. License does not include a transaction privilege tax license. 4. "Licensing" includes the municipal process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. 5. "Municipal" or "municipality" means an incorporated city or town. 6. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision or a public or private organization of any character. 7. "Request for corrections" means a request for technical or clarifying corrections from an applicant who has submitted an administratively complete application for a license. 8. "Substantive policy statement" means a written expression that is only advisory and that informs the general public of a municipality's current approach to, or opinion of, the requirements of the ordinances or codes, including, if appropriate, the municipality's current practice, procedure or method of action based on that approach or opinion. A substantive policy statement does not include internal procedural documents that only affect the internal procedures of the municipality and that do not impose additional requirements or penalties on regulated parties or confidential information. 9. "Working day" means a twenty-four hour period excluding weekends and legal holidays. 9-832. Regulatory bill of rights To ensure fair and open regulation by municipalities, a person: 1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against a municipality in a court proceeding regarding a municipality decision as provided in section 12-348. 2. Is entitled to receive information and notice regarding inspections as provided in section 9-833. 3. Is entitled to have a municipality not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized as provided in section 9-834, subsection A. 4. May have a municipality approve or deny the person's license application within a predetermined period of time as provided in section 9-835. 5. Is entitled to receive written or electronic notice from a municipality on denial of a license application that: (a) Justifies the denial with references to the statute, ordinance, code or authorized substantive policy statements on which the denial is based as provided in section 9-835. (b) Explains the applicant's right to appeal the denial as provided in section 9-835. 6. Is entitled to receive information regarding the license application process at the time the person obtains an application for a license as provided in section 9-836. 7. May inspect all ordinances, codes and substantive policy statements of a municipality, including a directory of documents, at the office of the municipality or on the municipality's website as provided in section 9-837. 8. Unless specifically authorized, may expect municipalities to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the maximum extent practicable as provided in section 9-834. 9. May file a complaint with the municipality concerning an ordinance, code or substantive policy statement that fails to comply with this section. 10. As provided in section 9-834, is entitled to have a municipality not request or initiate discussions about waiving any of the rights prescribed in this section. 9-833. Inspections; applicability A. A municipal inspector or regulator who enters any premises of a regulated person for the purpose of conducting an inspection shall: 1. Present photo identification on entry of the premises. 2. On initiation of the inspection, state the purpose of the inspection and the legal authority for conducting the inspection. 3. Disclose any applicable inspection fees. 4. Except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection, afford an opportunity to have an authorized on-site representative of the regulated person accompany the municipal inspector or regulator on the premises, except during confidential interviews. 5. Provide notice of the right to have: (a) Copies of any original documents taken from the premises by the municipality during the inspection if the municipality is permitted by law to take original documents. (b) A split or duplicate of any samples taken during the inspection if the split or duplicate of any samples, if appropriate, would not prohibit an analysis from being conducted or render an analysis inconclusive. (c) Copies of any analysis performed on samples taken during the inspection. 6. Inform each person whose conversation with the municipal inspector or regulator during the inspection is tape recorded that the conversation is being tape recorded. 7. Inform each person interviewed during the inspection that statements made by the person may be included in the inspection report. B. On initiation of, or two working days before, an inspection of any premises of a regulated person, except for a fire and life safety inspection of areas that are accessible to the general public or a food and swimming pool inspection that has up to one working day after an inspection, a municipal inspector or regulator shall provide the following in writing or electronically: 1. The rights described in subsection A of this section. 2. The name and telephone number of a municipal contact person available to answer questions regarding the inspection. 3. The due process rights relating to an appeal of a final decision of a municipality based on the results of the inspection, including the name and telephone number of a person to contact within the municipality and any appropriate municipality, county or state government ombudsman. C. A municipal inspector or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section indicating that the regulated person or on-site representative of the regulated person has read the writing and is notified of the regulated person's or on-site representative of the regulated person's inspection and due process rights. The municipality shall maintain a copy of this signature with the inspection report. Unless the regulated person at the time of the inspection is informed how the report can be located electronically, the municipality shall leave a copy with the regulated person or on-site representative of the regulated person. If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section, the municipal inspector or regulator shall note that fact on the writing. D. A municipality that conducts an inspection shall give a copy of, or provide electronic access to, the inspection report to the regulated person or on-site representative of the regulated person either: 1. At the time of the inspection. 2. Notwithstanding any other state law, within thirty working days after the inspection. 3. As otherwise required by federal law. E. The inspection report shall contain deficiencies identified during an inspection. Unless otherwise provided by law, the municipality may provide the regulated person an opportunity to correct the deficiencies unless the municipality determines that the deficiencies are: 1. Committed intentionally. 2. Not correctable within a reasonable period of time as determined by the municipality. 3. Evidence of a pattern of noncompliance. 4. A risk to any person, the public health, safety or welfare or the environment. F. If the municipality allows the regulated person an opportunity to correct the deficiencies pursuant to subsection E of this section, the regulated person shall notify the municipality when the deficiencies have been corrected. Within thirty working days of receipt of notification from the regulated person that the deficiencies have been corrected, the municipality shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance, unless the determination is not possible due to conditions of normal operations at the premises. If the regulated person fails to correct the deficiencies or the municipality determines the deficiencies have not been corrected within a reasonable period of time, the municipality may take any enforcement action authorized by law for the deficiencies. G. A municipality's decision pursuant to subsection E or F of this section is not an appealable municipal action. H. At least once every month after the commencement of the inspection, a municipality shall provide the regulated person with an update, in writing or electronically, on the status of any municipal action resulting from an inspection of the regulated person. A municipality is not required to provide an update after the regulated person is notified that no municipal action will result from the municipality's inspection or after the completion of municipal action resulting from the municipality's inspection. I. This section does not authorize an inspection or any other act that is not otherwise authorized by law. J. This section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure requirements. This section does not apply: 1. To criminal investigations and undercover investigations that are generally or specifically authorized by law. 2. If the municipal inspector or regulator has reasonable suspicion to believe that the regulated person may be or has been engaged in criminal activity. 3. To inspections by a county board of health or a local health department pursuant to section 36-603. K. If a municipal inspector or regulator gathers evidence in violation of this section, the violation shall not be a basis to exclude the evidence in a civil or administrative proceeding, if the penalty sought is the denial, suspension or revocation of the regulated person's license or is a civil penalty of more than one thousand dollars. L. Failure of a municipal employee to comply with this section: 1. Constitutes cause for disciplinary action or dismissal pursuant to adopted municipal personnel policy. 2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty. M. A municipality may adopt rules or ordinances to implement this section. N. This section: 1. Shall not be used to exclude evidence in a criminal proceeding. 2. Does not apply to a municipal inspection that is requested and scheduled by the regulated person. 9-834. Prohibited acts by municipalities and employees; enforcement; notice A. A municipality shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule, ordinance or code. A general grant of authority does not constitute a basis for imposing a licensing requirement or condition unless the authority specifically authorizes the requirement or condition. B. Unless specifically authorized, a municipality shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the maximum extent practicable. C. This section does not prohibit municipal flexibility to issue licenses or adopt ordinances or codes. D. A municipality shall not request or initiate discussions with a person about waiving that person's rights. E. This section may be enforced in a private civil action and relief may be awarded against a municipality. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a municipality for a violation of this section. F. A municipal employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the municipality's adopted personnel policy. G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02. H. A municipality shall prominently print the provisions of subsections A, B, C, D, E, F and G of this section on all license applications. I. The licensing application may be in either print or electronic format. 9-835. Licensing time frames; compliance; consequence for failure to comply with time frame; exemption A. For any new ordinance or code requiring a license, a municipality shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. B. A municipality that issues licenses required under existing ordinances or codes shall have in place an overall time frame during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame and shall be posted on the municipality's website or the website of an association of cities and towns if the municipality does not have a website. Municipalities shall prioritize the establishment of time frames for those licenses that have the greatest impact on the public. C. In establishing time frames, municipalities shall consider all of the following: 1. The complexity of the licensing subject matter. 2. The resources of the municipality. 3. The economic impact of delay on the regulated community. 4. The impact of the licensing decision on public health and safety. 5. The possible use of volunteers with expertise in the subject matter area. 6. The possible increased use of general licenses for similar types of licensed businesses or facilities. 7. The possible increased cooperation between the municipality and the regulated community. 8. Increased municipal flexibility in structuring the licensing process and personnel including: (a) Adult businesses and other licenses that are related to the first amendment. (b) Master planned communities. (c) Suspension of the substantive and overall time frames for purposes including delays caused by the need for public hearings, state or federal licenses or approvals from public utilities on residential or commercial development projects. 9. That the substantive review time frames and overall time frames do not include the time required for an applicant to obtain other nonmunicipal licenses or to participate in meetings as required by law. 10. The time frames prescribed in section 9-470.01. D. A municipality shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If the permit sought requires approval of more than one department of the municipality, each department may issue a written or electronic notice of administrative completeness or deficiencies. E. If a municipality determines that an application for a license is not administratively complete, the municipality shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection D of this section. If the municipality issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the municipality receives the missing information from the applicant. The municipality may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. If the permit sought requires approval of more than one department of the municipality, each department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information. F. If a municipality does not issue a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If a municipality issues a timely written or electronic notice of deficiencies, an application is not complete until all requested information has been received by the municipality. A municipality may consider an application withdrawn if, by fifteen days or more after the date of notice, as established by the municipality, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. G. During the substantive review time frame, a municipality may make one comprehensive written or electronic request for corrections. If the municipality identifies legal requirements that were not included in the comprehensive request for corrections, the municipality may amend the comprehensive request for corrections once to include the legal requirements and the legal authority for the requirements. Within ten working days after a request by the applicant, the municipality shall meet or discuss with the applicant the request for corrections and provide sufficient information and instruction to allow the applicant to provide the requested corrections. If the permit sought requires approval of more than one department of the municipality, each department may issue a comprehensive written or electronic request for corrections. If the applicant fails to resolve an issue identified in a request for corrections, the municipality may make supplemental written or electronic requests for corrections that are limited to issues previously identified in a comprehensive request for corrections. If a municipality issues a comprehensive written or electronic request or a supplemental request for corrections, the substantive review time frame and the overall time frame are suspended from the date the request is issued until the date that the municipality receives the corrections from the applicant. If an applicant requests significant changes, alterations, additions or amendments to an application that are consistent with the purposes of the original application and that are not in response to the request for corrections, a municipality may make one additional comprehensive written or electronic request for corrections and may have not more than an additional fifty percent of the substantive review time frame as established by the municipality for that license to grant or deny the license. Nothing shall prevent communication between a municipality and an applicant regarding a comprehensive written or electronic request for corrections or a supplemental request for corrections. Except for an application submitted pursuant to chapter 4, article 6 or 6.1 of this title, a municipality may not deny a residential license application that is necessary for land development or building construction unless the municipality considers the application withdrawn or the municipality has notified the applicant and the property owner within fifteen working days after the submission of the application that the application may be subject to denial because of excessive substantive deficiencies. A municipality may consider an application withdrawn if, by thirty days or more after the date of notice, as established by the municipality, the applicant does not supply the documentation or information requested or an explanation of why the information cannot be provided within the established time period. H. Nothing shall prevent the municipality from continuing to process the application during the suspension of the substantive review time frame and overall time frame. I. By mutual written or electronic agreement, a municipality and an applicant for a license may extend the substantive review time frame and the overall time frame. An extension of the substantive review time frame and the overall time frame may not exceed fifty percent of the overall time frame. J. Unless a municipality and an applicant for a license mutually agree to extend the substantive review time frame and the overall time frame pursuant to subsection I of this section, a municipality shall issue a written or electronic notice granting or denying a license to an applicant. If a municipality denies or withdraws an application for a license, the municipality shall include in the written or electronic notice at least the following information: 1. Justification for the denial or withdrawal with references to the statutes, ordinances, codes or substantive policy statements on which the denial or withdrawal is based. 2. An explanation of the applicant's right to appeal the denial or withdrawal. The explanation shall include the number of working days in which the applicant must file a protest challenging the denial or withdrawal and the name and telephone number of a municipal contact person who can answer questions regarding the appeals process. 3. An explanation of the applicant's right to resubmit the application, the total amount of fees that will be assessed if the applicant resubmits the application and the method in which those fees were calculated. K. If a municipality makes more than one comprehensive written or electronic request for corrections and one supplemental written or electronic request for corrections to a license application necessary for residential building construction or land development limited to previously identified issues or in response to modifications made by the applicant or does not issue the applicant the written or electronic notice granting, conditionally granting or denying a license within the overall time frame or within the mutually agreed on time frame extension, the municipality shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any fees that have not yet been paid. The municipality shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty working days after the expiration of the overall time frame or the time frame extension. The municipality shall continue to process the application. Notwithstanding any other statute, the municipality shall make the refund from the fund in which the application fees were originally deposited. The right to receive a refund of fees charged for reviewing and acting on the application for the license may not be waived by an applicant. L. If an application for a license is denied and the applicant resubmits the application for the same purposes with only revisions or corrections to the original application, the municipality shall not assess any additional application fees that exceed the cost of processing the resubmitted revisions or corrections. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. M. If an application for a license is withdrawn and the applicant resubmits the application for the same purpose, the municipality shall not assess any additional application fees that exceed fifty percent of the original application fees that have not been refunded to the applicant. This subsection does not apply to license applications that were denied for disqualifying criminal convictions or that were submitted fraudulently. N. A municipality may not modify, rescind or request any subsequent modifications or revisions to an approved plan or permit for residential land development or residential building construction during construction if the construction is done in accordance with the approved plan or permit unless the modification, rescission or revision is any of the following: 1. Required to address a field condition that was unknown when the plan or permit was reviewed. 2. Made at the request of the applicant, the applicant's designee or a subsequent owner or owner's designee if the property that is the subject of the approved plan or permit changes ownership. For the purposes of this paragraph, "applicant" means a person that is seeking approval or has received approval from a municipality for construction or land development activities. 3. Made by the municipality to correct noncompliance with a code requirement unless the code requirement was identified before the plan was approved and the municipality made a decision or interpretation on which the approval was based. O. This section does not apply to a license that is issued within seven working days after receipt of the initial application or a permit that expires within twenty-one working days after issuance. 9-836. License application process; notice A. A municipality that issues licenses shall provide the following information to an applicant at the time the applicant obtains an application for a license: 1. A list of all of the steps the applicant is required to take in order to obtain the license. 2. The applicable licensing time frames. 3. The name and telephone number of a municipal contact person who can answer questions or provide assistance throughout the application process. 4. The website address and any other information, if applicable, to allow the regulated person to use electronic communication with the municipality. 5. Notice that an applicant may receive a clarification from the municipality of its interpretation or application of a statute, ordinance, code or authorized substantive policy statement as provided in section 9-839. B. A municipality that issues a business license shall provide notice of any model or local option in the model city tax code that will apply to an applicant at the time the applicant obtains a business license application. 9-837. Directory of documents The municipality shall publish, or prominently place on the municipal website, at least annually a directory summarizing the subject matter of all currently applicable ordinances, codes and substantive policy statements. The municipality shall keep copies of this directory and all substantive policy statements at one location. The directory, ordinances, codes, substantive policy statements and any materials incorporated by reference in the documents shall be open to public inspection at the office of the municipality or the municipal website. 9-838. Complaints; governing body review The governing body may receive complaints concerning ordinances, codes, substantive policy statements or municipality practices alleged to violate this article. The governing body may review any ordinance, code, substantive policy statement or municipal practice alleged to violate this article and may hold hearings regarding the allegations. The governing body may recommend actions to alleviate the aspects of the ordinances, codes, substantive policy statements or municipality practices alleged to violate this article. 9-839. Clarification of interpretation A. An applicant for a license subject to this article may request a municipality to clarify its interpretation or application of a statute, ordinance, code or authorized substantive policy statement affecting the procurement of that license by providing the municipality with a written request that states: 1. The name and address of the applicant requesting the clarification. 2. The statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification. 3. Any facts relevant to the requested ruling. 4. The applicant's proposed interpretation of the applicable statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification. 5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the municipality in connection with an existing license or license application. B. On receipt of a request that complies with subsection A, the municipality may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The municipality shall provide the applicant with an opportunity to meet and discuss the municipality's written explanation. C. The municipality may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision. 9-840. Exemptions This article does not apply to: 1. An ordinance, code, regulation or substantive policy statement that relates only to the internal management of a municipality and that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public. 2. An ordinance, code, regulation or substantive policy statement that relates only to the physical servicing, maintenance or care of municipally owned or operated facilities or property. 3. An ordinance, regulation or substantive policy statement that relates to inmates or committed youth, a correctional or detention facility under the jurisdiction of the municipality or a patient admitted to an institution or treatment center pursuant to court order. 4. An ordinance, code, regulation or substantive policy statement that relates to a municipal contract. 5. The function or operation of a municipal airport, public safety department, police department, town marshal's office, fire department, ambulance service or zoning adjustment process pursuant to 9-462.06. 9-841. Limitation on regulatory actions; health, safety and welfare; goods and services; definitions A. Unless authorized by federal, state or local law a city or town may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field. B. Unless authorized by federal, state or local law, a city or town may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer. C. For the purposes of this section: 1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services. 2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services. 9-842. Regulation of occupation, trade or profession; notice; hearing; exemptions; definition A. A city or town may not impose an occupational licensing requirement on any occupation, trade or profession unless the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public. B. Beginning August 3, 2018, a city or town may not impose an occupational licensing requirement on any occupation, trade or profession on which the city or town has not previously imposed a fee, requirement or other regulation unless the city or town adopts the occupational licensing requirement pursuant to the procedures prescribed in subsection C of this section and demonstrates that the new occupational licensing requirement is necessary to protect the health, safety or welfare of the public. C. Before adopting an occupational licensing requirement on any occupation, trade or profession, a city or town shall hold at least one public hearing on the proposed occupational licensing requirement. The city or town shall publish notice of the time and place of the public hearing on the occupational licensing requirement, including a general explanation of the matter to be considered, pursuant to section 9-812. D. If the city or town adopts an occupational licensing requirement pursuant to this section, the city or town shall determine and establish administrative rules and procedures for the application and enforcement of the occupational licensing requirement. The city or town may: 1. Assign or delegate administrative powers and duties to any agency, as necessary. 2. Create administrative agencies. 3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work. E. A city or town that does not adopt an occupational licensing requirement is not prohibited from adopting an occupational licensing requirement in the future if the city or town follows the procedures in subsection C of this section when reconsidering the requirement. F. An occupational licensing requirement adopted pursuant to this section shall terminate five years after its adoption unless the city or town continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires. G. An occupational licensing requirement that is in effect on August 3, 2018 shall terminate August 3, 2023 unless the city or town continues the occupational licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational licensing requirement expires and demonstrates that the occupational licensing requirement is necessary to protect the health, safety or welfare of the public. H. This section does not apply to an occupational licensing requirement on an individual who works or seeks employment in a lawful occupation, trade or profession at: 1. A structured sober living home as defined in section 9-500.40. 2. An establishment that provides an adult service as defined in section 11-811. 3. An adult oriented business as defined in section 11-811. 4. A public airport under title 28, chapter 25. I. For the purposes of this section, "occupational licensing requirement": 1. Means: (a) A rule, regulation, practice or policy that is adopted by a city or town and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession. (b) A fee or tax that a city or town imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession. 2. Does not include: (a) A business license, facility license, building permit or zoning and land use regulation. (b) Any license or regulation that is required by federal law. 9-843. Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity A. Notwithstanding any other law,