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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
licensing; permitting; criteria; clarity
Purpose
Requires a local government that requires a license or permit for certain activities to grant or deny the license or permit within 60 days after the application is administratively complete and specify the criteria for granting the license or permit in clear and unambiguous language.
Background
A local
government that issues licenses must provide: 1) a list of all of the steps an
applicant must take in order to obtain the license; 2) the applicable licensing
time frames; and 3) notice that an applicant is allowed to receive a
clarification from the local government of its interpretation or application of
a statute, ordinance, code or authorized substantive policy statement (A.R.S.
§§ 9-836
and 11-1606).
A person, to ensure fair and open regulation by a local government: 1) is
entitled to have a local government not base a licensing decision in whole or
in part on licensing conditions or requirements that are not specifically
authorized by statute, a rule, an ordinance or code; 2) may have the local
government approve or deny the person's license application within a
predetermined period of time; 3) is entitled to receive written or electronic
notice on denial of a license application that justifies the denial with
references to the statute, ordinance, or code or authorized substantive policy
statements on which the denial is based and explains the applicants right to
appeal the denial; and 4) is entitled to receive information regarding the
license application process at the time the person obtains an application for a
license (A.R.S. §§ 9-832
and 11-1602).
A local government, for any ordinance or code requiring a license, must have an overall time frame during which the local government will either grant or deny each type of license that it issues. The overall time frame for each type of license must state separately the administrative completeness review time frame and the substantive review time frame. A local government must issue a notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame. If a local government determines that an application is not administratively complete, the local government must include a comprehensive list of the specific deficiencies in the notice. If a local government does not issue a notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. Licensing time frames must be posted on the local governments website (A.R.S. §§ 9-835 and 11-1605).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, for a local government that requires a license or permit for a free speech or assembly activity or an activity that changes the use, appearance, or density of a structure or land, the local government to specify the criteria for granting the license or permit in clear and unambiguous language, unless established by existing federal law.
3. Deems the application as granted if the local government does not take action on the application within the applicable time frame, unless:
a) the application is incomplete;
b) the local government provides the statutorily outlined notice; and
c) the applicant fails to complete the application.
4. Requires, for a court proceeding involving a denial of a license or permit, the court to determine whether the application approval criteria language is clear and unambiguous without difference to a previous determination made by a local government.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Requires a local government to specify the criteria for granting a license or permit in clear and unambiguous language for a free speech or assembly activity, rather than any constitutionally protected activity.
2. Requires a local government to grant or deny an application for a free speech or assembly activity when the application is administratively complete in accordance with statute, rather than when the application is submitted.
3. Makes technical and conforming changes.
House Action Senate Action
COM 1/31/23 DP 7-3-0-0 GOV 3/15/23 DP 5-3-0
3rd Read 2/27/23 55-4-1
Prepared by Senate Research
April 3, 2023
AN/SB/slp