Chapter
5
AMUSEMENTS[1]
Art. I. In General, §§ 5-15-20
Art. II. Bingo, §§ 5-215-25
Art. III. Large Parties, Gatherings or Events,
§§ 5-305-35
ARTICLE
I. IN GENERAL
Sec. 5-1.
Machines and devices; license tax.
(a) There
is hereby levied and shall be collected a license tax upon every person owning
or operating a music device or amusement device, that is card-operated,
coin-operated or otherwise electronically operated, when such music device or
amusement device is within the city and available for use in any place of
business (see Appendix A), prorated on a quarterly basis if issued during the
year. This license tax is not refundable
and can not be transferred to another device.
This license tax is in addition to all other taxes which may be
separately levied by the city.
(b) Any
antique device, as hereinafter defined, shall be exempted. An "antique music or amusement
device" shall be defined as such a device manufactured more than fifty
(50) years prior to the calendar year for which the license tax is to be
collected and activated by a coin of five cents ($0.05) or smaller in
denomination.
(c) The
license tax provided in this section shall be due and payable immediately upon
the first day of January each year or immediately when such taxable device is
placed at a business establishment within the city. The license tax shall be delinquent five (5)
days after it becomes due and thereafter shall require payment of an additional
twenty percent (20%) penalty per month before the required license is
issued. No such license shall be issued
until all previous taxes and penalties have been paid. All payments shall be made to the financial
services manager or his authorized representative.
(d) The
financial services manager or any of his authorized agents and any police
officer of the city shall have the right to inspect any premises and device for
valid licenses. It shall be unlawful to
have a device subject to this license available for use at any place of
business within the city unless a valid license is affixed to the device. Both the owner of the taxable device and the
owner of the business upon whose premises such device is located within the
city shall be guilty of a separate misdemeanor for each day the taxable device
is there located without a valid license.
(Code
1967, § 5-1; Ord. No. 87.49, § 1, 10-22-87; Ord. No. 97.22, 4-24-97; Ord. No.
2001.17, 7-26-01)
Sec.
5-2. Temporary special events or
activities; permit.
(a) In
addition to any other permits, licenses, taxes or requirements imposed by this
code, the following temporary special events or activities shall be required to
obtain a permit before carrying on such activity within the city:
(1) Any
outdoor public gathering or celebration involving the use of city owned
properties that involve but are not limited to any of the following:
a. Entertainment;
b. Dancing;
c. Music;
d. Dramatic productions;
e. Athletic tournaments;
f. Amusements, festivals or carnivals;
g.
h. Parades, walks, bicycle rides or runs; or
i. Any temporary extension of premises of an
existing use.
(2) Any activity taking place on private or
city owned property which requires a state issued temporary extension of liquor
licensed premises or a special event liquor license;
(3) Any activity taking place on private or
city owned property, which may require for its successful execution city
services to a degree significantly over and above that routinely provided under
ordinary circumstances; and
(4) Any activity taking place on city or
privately owned property used as a public gathering place that involves a
substantial deviation from the current land use designation or legal
nonconforming use.
(b) Parades,
runs, walks, bicycle rides, or other similar events which will use or may impact
city streets or rights-of-way will be required to comply with the provisions of
§ 19‑43 of the Tempe City Code.
(c) The
promoter or sponsoring organization, or their authorized agent, shall apply to
the city manager or his authorized representative at least sixty (60) days in
advance of the scheduled starting date of the event or activity. At the time of the application, the promoter
or sponsoring organization shall pay a non-refundable application fee (see Appendix
A). Late applications will be accepted
at an additional fee (see Appendix A).
If the event is cancelled by the promoter, the application fee shall not
be refunded to the applicant. Once the
event or activity is approved and permitted within the city, the promoter or
sponsoring organization shall pay a permit fee for each day of operation of the
event or activity (see Appendix A). The
permit fee shall not exceed a maximum of five (5) days per event.
(d) The
city manager or his authorized representative shall send copies of applications
and other pertinent material to other city departments which could be affected
by the proposed special event or activity.
Such departments may recommend to the city manager or his authorized
representative that the permit be issued only after the applicant has met, at
his own cost, certain stipulations including but not limited to any of the
following:
(1) Hiring a stated number of security personnel;
(2) Erecting security fencing or approved security barriers;
(3) Providing sanitary facilities;
(4) Agreeing to pay for any anticipated or
unforeseen costs associated with the special event, including posting a
performance bond if requested by the city;
(5) Applying for and receiving all other
necessary permits and approvals; or
(6) Taking other measures to provide for fire
protection or the health, safety and welfare of the public.
Issuance
of the permit may be made contingent upon meeting any or all of these
recommended stipulations.
(e) The
permit fee may be refunded by the city manager or his authorized representative
if the proposed event is sponsored by a nonprofit charitable, educational or
civic service organization and providing that the city manager or his
authorized representative can determine to his own satisfaction that the net
proceeds accruing to the sponsoring organization will be directed to a
charitable purpose directly benefiting residents of the city. Requests for a refund must be made in writing
at the time of the permit application.
If the stipulated allocation of proceeds is not carried out within sixty
(60) days after the final performance, the permit fee shall not be
refunded. The amount of the refund shall
be offset as described in subsection (c).
(f) The
city manager or his authorized representative shall, after obtaining
recommendations from the various departments, authorize issuance of the permit
with or without stipulations or shall refuse to issue the permit if, on the
basis of reports received, it appears that the intended activity would be
detrimental to the health, safety or welfare of either the general public or of
nearby residents or owners of nearby property or place an undue burden on city services. If the applicant disagrees with the decision
of the city manager or his authorized representative, he shall promptly file
with the city clerk a request for reconsideration by the city council at the
next meeting which occurs fifteen (15) days or more after the request is made.
(g) If
issuance of the permit is authorized pursuant to section (f) above, the permit
shall not actually be issued until all applicable city code and state statutory
requirements have been met, and all city and state permits have been obtained;
until both the promoter or sponsoring organization have signed applications
agreeing to indemnify and to hold harmless the city from and against any and
all losses, claims or actions resulting from the activities of the applicant or
of the applicant's employees, principals or agents; and until the organization
directly responsible for the special event or activity has provided
satisfactory evidence of suitable personal injury and property damage insurance
or other such insurance as deemed necessary by the city.
(h) The
city manager or his authorized representative may revoke a special event permit
if the permittee fails to abide by any of the conditions of the permit or any
of the provisions of this section. Violations of this section are punishable as
set forth in § 1-7, Tempe City Code.
(Code
1967, § 5-2; Ord. No. 2000.48, 11-2-00)
Sec. 5-3.
Fortunetellers, etc.; license.
(a) Every
palmist, astrologer, clairvoyant, fortuneteller, soothsayer or any person
wishing to conduct a similar activity shall obtain a license from the financial
services manager or designee before carrying on such activity within the
city. In addition, these activities are
specifically declared to be an amusement subject to tax and license
requirements established by chapter 16 of this code.
(b) Any
applicant desiring to obtain a license shall make application to the financial
services manager or designee. All
information required for any license application is deemed necessary in order
to conduct a complete background investigation.
It shall be unlawful to provide false information on any
application. The application shall be
accompanied by an application fee, a license fee, a fingerprinting fee and a
photographing fee as established by the city council (see Appendix A). All fees are nonrefundable.
(c) Each
applicant shall be required to have two (2) satisfactory full-face
identification photographs taken by the city.
(d) The
applicant shall submit a full set of fingerprints to the Tempe police
department for the purpose of obtaining a state or federal, or both, criminal
records check pursuant to A.R.S. § 41-1750 and Public Law (PL)
92-544. The Department of Public Safety
is authorized to exchange this fingerprint data with the Federal Bureau of
Investigation. Fingerprints must be
submitted on fingerprint cards provided by the financial services manager or
designee.
(e) All
applicants must be approved by the chief of police or designee before carrying
on any activities regulated by this section.
The chief of police or designee shall approve or disapprove each
application within forty-five (45) days after it is filed. Approval shall not
be given if there is any evidence of a conviction for a felony or for any
misdemeanor involving moral turpitude.
(f) License
shall be valid only for the calendar year in which it is issued. Any license may be renewed by filing a
renewal application for approval and paying the renewal fee as established by
the city council (see Appendix A) before the first day of the year in which
they wish to be
licensed. Any license renewal
application or fee received on or after the first day of the year will be
subject to a late renewal penalty as established by the city council (see
Appendix A). Licenses are not
transferable.
(g) Failure
of a licensee to timely renew their license for the current year will result in
the licensee applying for a new license and paying all applicable fees.
(h) A
licensee must operate their business in a permanent structure that meets
building code, fire code and zoning code requirements.
(i) A
licensee who desires to change their business location shall notify the city in
writing at least thirty (30) days in advance of such intention and pay a
relocation fee as established by council (see Appendix A). No business shall be conducted until the
appropriate city departments
have stated in writing that building code, fire code and zoning code
requirements have been met at the new business location.
(j) Licenses issued under this section will be
revoked if at any time there is evidence of a felony conviction or of a
misdemeanor involving moral turpitude or a violation of this code section or a
violation of other city codes. Notification of revocation of this license will
be by certified mail to the last known address of the licensee.
(Code
1967, § 5-2.1; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.24, 8-1-02)
Sec. 5-4.
Clothing of entertainers in restaurants, nightclubs, etc.
(a) Any
person entertaining or performing any dance or in any play, exhibition, show or
other entertainment or any female serving food or spirituous liquors as defined
by title 4, chapter 1, article 1, Arizona Revised Statutes, as amended, or in
any public place, who appears clothed, costumed, unclothed or uncostumed in
such a manner that the areola (the more darkly pigmented portion of the breast
encircling the nipple) is not covered by a brassiere consisting of a fully
opaque fabric material or is so thinly covered as to appear uncovered is guilty
of a misdemeanor.
(b) A
person who knowingly conducts, maintains, owns, manages, operates or furnishes
any restaurant, nightclub, bar, cabaret, tavern, tap room, theater or any place
serving food or spirituous liquors, as defined by title 4, chapter 1, article
1, Arizona Revised Statutes, as amended, or a private, fraternal, social, golf
or country club, as defined by title 4, chapter 1, article 1, Arizona Revised
Statutes, as amended, or any public place, where a female appears clothed,
costumed, unclothed or uncostumed in such a manner that the areola (the more
darkly pigmented portion of the breast encircling the nipple) is not covered by
a brassiere consisting of a fully opaque fabric material or is so thinly
covered as to appear uncovered is guilty of a misdemeanor.
(c) Any
person entertaining or performing any dance or in any play, exhibition, show or
other entertainment, or any person serving food or spirituous liquors as
defined by title 4, chapter 1, article 1, Arizona Revised Statutes, as amended,
in a restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or in a
private, fraternal, social, golf or country club, as defined by title 4,
chapter 1, article 1, Arizona Revised Statutes, as amended, or in any public
place, who appears clothed, costumed, unclothed or uncostumed in such a manner
that the lower part of his or her torso, consisting of the mons veneris and
genitalia (the private parts) or anal cleft or cleavage of the buttocks, is not
covered by a fully opaque fabric material or is so thinly covered as to appear
uncovered is guilty of a misdemeanor.
(d) A
person who knowingly conducts, maintains, owns, manages, operates or furnishes
any restaurant, nightclub, bar, cabaret, tavern, tap room, theater or any place
serving food or spirituous liquors, as defined by title 4, chapter 1, article
1, Arizona Revised Statutes, as amended, or a private, fraternal, social, golf
or country club, as defined by title 4, chapter 1, article 1, Arizona Revised
Statutes, as amended, or any public place where any person appears clothed,
costumed, unclothed or uncostumed in such a manner that the lower part of his
or her torso, consisting of the mons veneris and genitalia (the private parts),
anal cleft or cleavage of the buttocks, is not covered by a fully opaque fabric
material or is so thinly covered as to appear uncovered is guilty of a
misdemeanor.
(Code
1967, § 5-3.1)
Secs.
5-55-20. Reserved.
ARTICLE
II. BINGO[2]
Sec.
5-21. Definitions.
All words and phrases appearing in this
article, unless the context requires otherwise, shall be given the meanings
ascribed to them in Arizona Revised Statutes, §§ 5-401, 5-421.
(Code
1967, § 5-4)
Sec. 5-22. Licensing required.
No person shall operate or maintain a
bingo game or small bingo game within this city without first obtaining and
properly maintaining in force a bingo license issued by the state under the
procedures specified in state law.
(Code
1967, § 5-5)
Sec.
5-23. License application procedure.
Pursuant
to Arizona Revised Statutes, §§ 5-406, 5-423, applications for bingo and
small bingo licenses are to be filed with this city for transmission to the
state, and the city council is required to recommend approval or disapproval of
the application for issuance of such license. To satisfy these requirements,
the following procedures are hereby established:
(1) All applications shall be made upon forms
approved by the licensing authority and shall be filed with the financial
services manager or his designated agent.
The financial services manager shall accept no application which does
not contain all the information required by Arizona Revised Statutes, §§ 5-404,
5-423, as the case may be;
(2) In addition to such information and
application fees as are required by Arizona Revised Statutes, §§ 5-404 or
5-423, each applicant shall submit with his application his prepaid bingo
license tax payment as is hereinafter provided.
Should any such application be denied by the state, the prepaid tax
shall be promptly returned to the applicant by the financial services manager;
(3) When the financial services manager has
received the required application, application fee and prepaid tax, he shall
deem the application submitted and submit the application to the office of the
city clerk, the development services department, the fire marshal and the
county health services department;
(4) The city clerk shall schedule the
application for public hearing at a subsequent council meeting at which all
interested persons may give testimony.
The development services department and the fire marshal shall submit to
the city council their recommendations based upon the presence or absence of
zoning, building, fire and health code violations; and
(5) Subsequent to public hearing, the city
clerk shall promptly send to the licensing authority certification of approval
or disapproval of the application by the city council together with any
petitions or letters submitted to the city council relating to the application.
(Code
1967, § 5-6; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01)
Sec.
5-24. License tax.
(a) Whenever
the state has issued a bingo or small bingo license, a city bingo license tax
shall become immediately applicable (see Appendix A).
(b) For
new licenses, the license tax shall be due and payable at the time of
application. For renewal licenses, the tax shall be due and payable on or
before January 1 of the calendar year for which the license is renewed.
(c) Any
tax payment for a renewal license made after January 1 of the calendar year for
which the license was renewed shall be subject to a penalty (see Appendix A).
(d) It
shall be unlawful for any licensee or any officer or agent of any licensee to:
(1) Fail or refuse to pay a delinquent city
bingo license tax within ten (10) days after a compliance request is mailed to
the premises or the last known address of the licensee; or
(2) Fail or refuse to pay any penalty assessed
for late payment within ten (10) days after a notice of such penalty assessment
is mailed to the premises or the last known address of the licensee.
(Code
1967, §§ 5-7, 5-8)
Sec.
5-25. Taxes cumulative.
The tax imposed by this article shall
be in addition to such taxes imposed upon the privilege of maintaining a bingo
business within the city pursuant to § 16-18 paragraph (12) of this code.
(Code
1967, § 5-9)
Secs.
5-265-29. Reserved.
ARTICLE III. LARGE PARTIES, GATHERINGS OR EVENTS
Sec. 5-30. Purpose.
The city finds and determines that the
control of large parties, gatherings or events on private property is necessary
when such continued activity is determined to be a threat to the peace, health,
safety or general welfare of the public.
Police officers are often required to make several return trips to a
location of a party, gathering or event in response to complaints, in order to
disperse uncooperative participants or enforce criminal laws, and the return of
police officers to a location constitutes a drain of personnel and resources
which may leave other areas of the city without minimal levels of police
protection, all of which creates a significant hazard to the safety of the
police officers and to the public in general.
(Ord.
No. 94.29,
Sec. 5-31. Definitions.
For the purpose of this article, the
following terms shall have the meanings respectively ascribed to them herein
unless the context requires otherwise:
(1) Large
party, gathering or event means a party, gathering or event of five (5) or
more persons who have assembled or are assembling for a social activity or for
a special occasion in a manner which constitutes a substantial disturbance of
the quiet enjoyment of private or public property. This includes, but is not limited to,
excessive noise or traffic, obstruction of public streets by crowds or
vehicles, public drunkenness, the service of alcohol to minors, fights,
disturbances of the peace and litter.
(2) Police
services means the service fee as shown by a schedule adopted by the police
chief which is based on the number of officers and units, per hour, to respond
to or remain at the large party, gathering or event; which schedule may also
include any appropriate overhead; the cost of any medical treatment to injured
officers; any loss or damage incurred by the department, and the cost of
repairing any damaged city equipment or property;
(3) Responsible
person means the person who owns the property where the large party,
gathering or event takes place; or the person in charge of the premises; or the
person who organized the large party, gathering or event. If such a person is minor, the term
"responsible person" includes, in addition to the minor, the minor's
parents or guardians;
(4) Special
security assignment means the police services provided during a second or
subsequent call during a ninety (90) day period to the location of a large
party, gathering or event after the distribution of a written warning that a
police service fee may be imposed for costs incurred by the city for any
subsequent police response.
(Ord.
No. 94.29,
Sec. 5-32. Recovery of costs for police services.
(a) When
any police officer responds to any large party, gathering or event and that
police officer determines that there is a threat to the public peace, health,
safety or general welfare, the police officer shall issue a written notice to
any responsible party that a second or subsequent response to any large party,
gathering or event at that same location or address within ninety (90) days of
the first response shall be deemed a special security assignment rendered to
provide security and order on behalf of the large party, gathering or event,
and that any responsible party may be liable for a police service fee for such
special security assignment. The return
call, or second or subsequent response, may also result in the arrest or
citation of violators of state law or city ordinances.
(b) If,
after written notice provided in subsection (a), a second or subsequent police
response or responses is necessary to the same location or address within ninety
(90) days of the first response, such response shall be deemed a special
security assignment and subject to police service fee as provided in this
article.
(Ord.
No. 94.29,
Sec. 5-33. Police service fee for special security
assignment.
(a) The
police service fee for special security assignment shall include the cost of
personnel and equipment, and shall be established by the city council (see
Appendix A).
(b) The
amount of such police service fees charged shall be deemed a joint and several
debt to the city of any and all responsible person or persons, whether they
received the benefit of such special security assignment services or not. If the person responsible for the large
party, gathering or event is a minor, then the parents or guardians of that
minor will also be jointly and severally liable for the costs incurred for
police services. Any person owing money
due for the police service fee shall be liable in an action brought in the name
of the city for recovery of such amount, including reasonable attorney fees.
(c) If a responsible
person is the person who owns the property where the large party, gathering or
event takes place, the owner will not be charged the police service fee unless:
(1) The owner was present at or had knowledge of the large party,
gathering or event; or
(2) If the owner had been sent a notice from the city that a large
party, gathering or event had taken place on his property, and a subsequent
large party, gathering or
event occurs within ninety (90) days of the mailing of such notice to the
owner.
(d) The
city may waive part or all of a police service fee charged against the owner of
the property where a large party, gathering or event takes place if the owner
provides proof that they did not have an adequate period of time to prevent the
large party, gathering or event that triggered the fee, or that they have taken
action to prevent the occurrence of future disturbances at the property.
(e) The
city does not waive its right to seek reimbursement for costs through any other
legal remedies or procedures.
(Ord.
No. 94.29,
Sec. 5-34. Billing; appeal.
(a) The
chief of police or his designee shall cause appropriate billings for the
special security assignment to be made to the responsible person, which shall
include the name and address of the responsible person, the date and time of
the incident and the police services performed, identification of the police
services costs, and such other information as may be desired.
(b) Any
responsible person who wishes to dispute the determination that they are liable
for the police service fee may do so by submitting a request for an
administrative review hearing in writing no more than ten (10) days after the
assessment of the police service fee.
The city and the responsible person disputing the fee shall be given
notice of the hearing and an opportunity to be heard. The hearing officer shall establish rules of
administration and procedure to ensure the fair and orderly conduct of hearings
held pursuant to this section.
(Ord.
No. 94.29,
Sec. 5-35. Other remedies.
Nothing in this article shall be
construed as affecting the ability to initiate or continue concurrent or
subsequent criminal prosecution for any violation of the provisions of the city
code or state law arising out of the circumstances necessitating the
application of this article.
(Ord.
No. 94.29, 12-8-94)