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Statement of Commercial Purpose

STATEMENT OF COMMERCIAL PURPOSE


As defined in A.R.S. 39-121.03D, a "Commercial Purpose" means:

  • the use of a public record for the purpose of sale or resale or;
  • for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or;
  • the obtaining of names and addresses from public records for the purpose of solicitation or the sale of names and addresses to another for the purpose of solicitation or;
  • for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record.

Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body.

Charges for a commercial request shall include: (A.R.S. 39-121.03A)

  • a portion of the cost to the city for obtaining the original or copies of the documents, printouts or photographs to be produced;
  • a reasonable fee for the cost of time, materials equipment, and personnel in making the copies, and;
  • the value of the reproduction on the commercial market as best determined by the City.

According to A.R.S. 39-121.03C, a person who obtains a public record:

  • for a commercial purpose without indicating the commercial purpose or;
  • for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or;
  • for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or;
  • from anyone other than the custodian of such records and uses it for a commercial purpose

Shall, in addition to other penalties, be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of:

  • three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney fees or;

  • three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

The complete text of Arizona Revised Statute 39-121.03 can be found here.

Non-Commercial Requests
My request is not for a commercial purpose as described above.

I agree (opens Planning and Development Request form)

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