Chapter
16A
LICENSE
AND BUSINESS REGULATIONS
Art.
I. Dealers in Used Goods, §§
16A-1—16A-39
Div.
1. Generally, §§ 16A-1—16A-25
Div.
2. License, §§ 16A-26—16A-39
Art.
II. Residential Development Tax, §§
16A-40—16A-55
Art.
III. Escorts, Escort Bureaus and
Introductory Services, §§ 16A-56—16A-74
Art.
IV. After-hours Establishments, §§
16A-75—16A-99
Art.
V. Tele-track Wagering Facility
Sites, §§ 16A-100—16A-111
Art.
VI. Adult-oriented Businesses, §§
16A-112—16A-139
Art.
VII. Teen Dance Halls, §§
16A-140—16A-159
Art.
VIII. Massage Establishments, §§
16A-160—16A-174
ARTICLE
I. DEALERS IN USED GOODS[1]
DIVISION
1. GENERALLY
Sec. 16A-1. Definitions.
The following words, terms and phrases
when used in this article shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Antiques
means goods and articles
which have a greater collectible, historic or nostalgic rather than utilitarian
value.
Antique
dealer means any person
operating a place of business that buys, sells or otherwise deals in antiques.
Additionally, to qualify as an antique dealer, such person must meet the
following additional requirements:
(1) Such person's inventory must consist of
more than fifty percent (50%) antiques by each licensed dealer;
(2) Such person must have a minimum of two (2)
years experience as an antique dealer or an employee thereof;
(3) Such person must furnish receipts for
property both sold, purchased or traded; and
(4) Such person must provide a written
guarantee that the article sold is what it purports to be.
Auction
house means any person
operating a place of business where property is received from other persons or
businesses, when such property is to be resold either publicly or privately for
cash, other property or other consideration to a third party by auction.
Pawnbrokers
means any person engaged
in conducting, managing or carrying on the business of pawnbroking, or the
business of loaning money for himself or for any other person, receiving as
security for the repayment thereof, pawns or pledges of personal property, or
the business of purchasing personal property and reselling or agreeing to
resell such articles to vendors, their personal representatives or their assignees,
at prices agreed upon at or before the time of such purchase, whether such
business be principal or sole business so carried on, managed or conducted, or
merely incidental to, in connection with or a branch or department of some
other business or businesses.
Scrap
dealer means any person,
engaged in the business of purchasing or obtaining material of any kind, such
as any vehicle parts or accessories, machinery, iron, copper, brass, lead,
zinc, tin, steel, aluminum and other metals, metal alloys, metallic cables,
wire, batteries, rope, rubber and other like materials which are purchased or
obtained from persons other than the original manufacturer or authorized
distributor selling the same for money, credit or exchange. The material
purchased or obtained is put to a use inconsistent with the original purpose of
the property; to be scrapped, dismantled, melted, pressed or otherwise
disfigured, and to be resold to others in the form so altered, or used by the
purchaser in its altered form. The provisions of this article shall not apply
to any persons engaged solely in recycling metal cans, paper, cardboard or
glass.
Secondhand
dealer means any
person(s) engaged in conducting, managing or carrying on the business of
buying, selling, trading or exchanging, or otherwise dealing in secondhand
goods, wares, merchandise or articles, coins, jewelry, precious metals,
semiprecious stones and similar items, whether such business is the principal
or sole business so carried on, managed or conducted or is merely incidental
to, in connection with or a branch or a department of some other business. The term "secondhand dealer" shall
not be construed to include dealers or auctioneers in articles of property the
transfer of title to which is required by the laws of the state. Such is evidenced by written instrument and
recorded in the appropriate department of the state or county government.
(Code
1967, § 16A-l; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 90.22, § 1, 5-24-90)
Sec. 16A-2. Exemptions.
(a) Notwithstanding
any of the provisions of this article, isolated and causal transactions of the
kinds described in § 16A-1 shall be deemed exempt from the requirements of this
article.
(b) Notwithstanding
any of the provisions of this article, activities of the types described in §
16A-1 shall be exempt from the requirements of this article when conducted by
not for profit corporation, duly incorporated under the laws of
(c) Notwithstanding
any of the provisions of this article, activities of the types described in §
16A-1 involving books and other printed materials, clothing, phonograph
records, audio cassette tapes, compact discs, videotapes, video games, computer
software, digital video discs or like items shall be deemed exempt from the
requirements of this article.
(Code 1967,
§ 16A-2; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord. No.
89.21, 4-27-89; Ord. No. 96.27, 8-29-96; Ord. No. 2002.04, 1-17-02)
Sec. 16A-3. Reports of transactions required; exceptions.
(a) Every person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall make out and
deliver to the chief of police a true, complete and legible report of all goods
and articles received on deposit, in pawn, pledge, trade or exchange, or by
purchase. The report shall be made upon sheets furnished by the police
department, and shall be delivered within twenty-four (24) hours after receipt
of the property concerned. Each sheet shall contain for each item received:
(1) A complete description of the property,
including brand name and serial number, if any.
If more than one of any item, the number of the like-type items
received;
(2) The date and time when the property was
received;
(3) The signature of the person from whom the
property was received;
(4) The name (printed), address and date of
birth of such person. The reporting party shall require each person to show
proof of his name, address and age by exhibiting a valid driver's license,
State of Arizona identification card, armed forces identification card or
selective service registration certificate, and the number of such
identification certificate shall be recorded;
(5) The dealers name and the name of person
receiving the property; and
(6) A description of such person, consisting of
height, sex, weight, race, complexion, hair color and identifying marks, scars
or tattoos.
(b) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
if a transaction in used goods constitutes a partial trade for new or used
merchandise of like kind. This exemption
applies only if the dealer maintains accurate records including a complete
description of the property (brand name, serial number and any other
identifying data) of the new or used merchandise sold and similar identifying
information insofar as the used good constituting the partial trade for such
new or used merchandise of like kind.
These records shall be open for inspection to members of the
(c) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
with respect to transactions solely between merchants licensed under this
article or between merchants who would be required by this article to secure
licenses if their establishment were located in the city.
(d) Notwithstanding the provisions of paragraph
(a), the report described therein need not be filed for certain antique dealers
if the following conditions are met:
(1) More than five (5) secondhand dealers rent
or share common or contiguous space at the same business location; and
(2) For goods and articles received on deposit,
in pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious
and semiprecious metals (including articles composed of or plated with precious
or semiprecious metals), precious and semiprecious stones and all on-site
pawns, pledges, trades, exchanges or purchases for which the normal reporting
requirements must be met.
(e) Notwithstanding
the provisions of paragraph (a), the report described therein need not be filed
for antique dealers if the following condition is met: For goods and articles
received on deposit, in pawn, pledge, trade or exchange, or by purchase
excepting jewelry, precious and semiprecious metals (including articles
composed of or plated with precious or semiprecious metals) and precious and
semiprecious stones for which the normal reporting requirements must be met.
(Code
1967, § 16A-5; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 89.64, 12-14-89; Ord. No. 90.22, § 2, 5-24-90; Ord. No. 96.47, 11-14-96)
State law references—Reports by precious metals dealers,
A.R.S. § 44-1602; reports by pawnbrokers, A.R.S. § 44-1622; records of scrap
metal dealers, A.R.S. § 44-1642; inventory to be submitted of items at jewelry
auctions, A.R.S. § 44-1674.
Sec. 16A-4. Holding period prior to resale or exchange.
(a) No
article shall be sold or exchanged by any auction house, scrap dealer,
pawnbroker or secondhand dealer until it shall have been in the custody thereof
for ten (10) days after making out and delivering to the chief of police the
report required under § 16A-3. In the case of property consigned to an auction
house, such property shall not be sold or exchanged until it shall have been in
the custody thereof for five (5) days after delivery to the chief of police the
report required under § 16A-3. This subsection shall not apply to redemption of
pawned articles.
(b) The
holding period described in paragraph (a) shall not apply to nonfabricated
precious and semiprecious metals. An item shall be deemed nonfabricated for the
purpose of this chapter only if at the time of the transaction it is in ingot,
bullion or coin form.
(c) The
holding period described in paragraph (a) shall not apply to certain antique
dealers if the following conditions are met:
(1) More than five (5) antique dealers rent or
share common or contiguous space at the same business location; and
(2) For goods and articles received on deposit,
in pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious
and semiprecious metals (including articles composed of or plated with precious
or semiprecious metals), precious and semiprecious stones and all on-site
pawns, pledges, trades, exchanges or purchases for which the normal ten-day
holding period shall be applicable.
(d) The
holding period described in paragraph (a) shall not apply to antique dealers if
the following condition is met: For goods and articles received on deposit, in
pawn, pledge, trade or exchange, or by purchase excepting jewelry, precious and
semiprecious metals (including articles composed of or plated with precious or
semiprecious metals) and precious and semiprecious stones which the normal
ten-day holding period shall be applicable.
(Code
1967, § 16A-7; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 89.64, 12-14-89; Ord. No. 90.22, § 2, 5-24-90)
State law references—Holding period for precious items, A.R.S.
§ 44-1602(D); holding period for pawned items, A.R.S. § 44-1625.
Sec. 16A-5. Transactions with minors.
(a) No
merchant, regardless of whether he is required to be licensed under the
provisions of this article, shall buy, pledge, pawn or otherwise accept
merchandise from any person under the age of eighteen (18) years, unless such
minor first produces a notarized letter, signed by the minor's parent or
guardian, granting permission to the minor to transfer an interest in the
property.
(b) It
shall not be a defense to an alleged violation of subsection (a) that the
merchant reasonably believed the minor to be eighteen (18) years or older
unless the minor produced an Arizona driver's license, or other identification
as specified in § 16A-3 and that identification purported to identify the minor
as someone eighteen (18) years of age or older.
(Code
1967, § 6A-8; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
State law reference—Pawnbrokers not to receive junk, metal or
mechanical tools from child under sixteen (16), A.R.S. § 44-1627.
Sec. 16A-6. Property connected with crime.
Upon notification by representatives of
the police department that goods and articles received are either the fruits of
a crime, or weapons or other items used to perpetrate a crime, no auction
house, scrap dealer, pawnbroker or secondhand dealer shall dispose of such
property. Interest, if charged, upon the pawn, pledge or item for resale, shall
cease to accrue as of the date of such notification. Upon receiving a receipt
from a representative of the police department, the auction house, scrap
dealer, pawnbroker or secondhand dealer shall turn over to the representatives
of the police department such items.
(Code
1967, § 16A-9; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec. 16A-7. Display of regulations.
Every person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall prominently
display a copy of this article and required license in a conspicuous, place on
the premises of the business.
(Code
1967, § 16A-10; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec. 16A-8. Inspection of goods and records.
The business premises including stock
of goods and articles and all ledgers, books, records or memoranda required to
be kept by this article or state statute of any auction house, scrap dealer,
pawnbroker or secondhand dealer shall be open for immediate inspection during
regular business hours to representatives of the police department.
(Code
1967, § 6A-11; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec. 16A-9. Fingerprinting.
Every
owner or manager of an auction house, scrap dealer, pawnbroker or secondhand
dealer prior to conducting such business or the issuance of a license 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 finance and technology director
or designee.
(Code
1967, § 6A-13; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2002.04, 1-17-02; Ord. No. 2002.25, 8-1-02; Ord. No. 2010.02, 2-4-10)
Sec. 16A-10. Employing convicted violators of article.
No person engaged in the business of
auction house, scrap dealer, pawnbroker or secondhand dealer shall knowingly
permit a person whose license has been revoked under § 16A-28 to be employed in
any capacity at such establishment. The chief of police shall keep a list of
all persons convicted under this article and such names shall be available to
operators above. Such operators will be assumed to have constructive notice
thereof for purposes of prosecution under this article.
(Code
1967, § 16A-12; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Sec. 16A-11. Employing persons with criminal record.
No person who has been convicted of any
offense, felony or misdemeanor involving moral turpitude within the five-year
period immediately prior to his application for either a license under this
article or employment in an establishment required by this article to be
licensed shall be issued a license to transact business pursuant to this
article or employed by any person licensed to transact business pursuant to
this article.
(Code
1967, § 6A-14; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs. 16A-12—16A-25. Reserved.
DIVISION 2. LICENSE
Sec. 16A-26. Required; duration; fee.
(a) It
shall be unlawful for any person to act within the city as an auction house,
scrap dealer, pawnbroker or secondhand dealer without first obtaining a license
to do so from the finance and technology director or his authorized
representative.
(b) The
license shall be issued for a calendar year or portion thereof, and a new
application shall be required for each subsequent calendar year.
(c) The
license fee shall be established by city council (see Appendix A).
(Code
1967, § 16A-2(a), (e), (f); Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5,
4-28-88; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
Sec. 16A-27. Application procedure; appeals from denial.
(a) Any
person desiring a license to act as an auction house, scrap dealer, pawnbroker
or secondhand dealer shall file an application on forms provided for that
purpose. Application shall include such information as the police chief deems
necessary for the complete investigation of the character and qualifications of
the applicant.
(b) No
license shall be issued by the finance and technology director or his
authorized representative without the approval in writing of the police
chief. The police chief shall approve
the issuance of the license if the applicant has not been convicted of a felony
or a misdemeanor involving moral turpitude.
The recommendation of the police chief must be made within thirty (30)
days after the application is filed.
(c) Any
applicant whose license is denied may, within ten (10) days after being sent by
registered or certified mail notice of such denial, give written notice to the finance
and technology director or his authorized representative of intention to appeal
to the city council. Appeals will be
heard by the city council at the next regularly scheduled meeting but no sooner
than five (5) working days from date of filing notice.
(Code
1967, § 16A-3(a), (c), (d); Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5,
4-28-88; Ord. No. 2001.17, 7-26-01; Ord. No. 2002.04, 1-17-02; Ord. No.
2010.02, 2-4-10)
Sec. 16A-28. Suspension; appeals.
(a) Notwithstanding any other provisions of
this article, the license of any auction house, scrap dealer, pawnbroker or
secondhand dealer shall be suspended for six (6) months upon a showing that an
operator or employee of such establishment has been convicted of violating any
of the provisions of this code or a city ordinance or any of the statutes of
the state regarding the conduct of the business of such an establishment more
than one time during a three-year period. Violations of this article or state
law by any person or his agents or employees regarding the operations of
businesses defined in this article shall be grounds to deny issuance or
renewals of the license required in this article.
(b) Conviction
under any provision of this article shall be deemed conclusive evidence of such
violation.
(c) Any
licensee whose license is suspended may, within ten (10) days after being sent
by registered or certified mail notice of such suspension, give written notice
to the finance and technology director or his authorized representative of his
intention to appeal the suspension to the city council. Appeals will be heard by the city council at
the next regularly scheduled meeting but no sooner than five (5) working days
from the date of filing notice.
(Code
1967, § 16A-4; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
Sec. 16A-29. Providing false information.
It shall be unlawful for any individual
to provide false information on reports required by any section of this article
or to provide false information on any license application.
(Code
1967, § 6A-6; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs. 16A-30—16A-39. Reserved.
ARTICLE II. RESIDENTIAL DEVELOPMENT TAX[2]
Sec. 16A-40. Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Dwelling
unit means a room or
group of rooms within a building, containing cooking accommodations. An
apartment and a mobile home shall be considered a dwelling unit, but a hotel
room, a motel room or a travel trailer shall not be considered a dwelling unit
under the provisions of this article.
Mobile
home space means any lot
or space contained in a mobile home park, as defined by the Zoning and
Development Code.
(Code
1967, § 33-49; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2004.42, 1-20-05)
Sec. 16A-41. Levy; exception.
(a) There is hereby levied and shall be
collected by the community development director, for the purpose of defraying
the cost of acquiring sites and providing public improvements required by the
city as a result of residential development, an occupational fee or tax upon
every person constructing any dwelling unit or units establishing mobile home
spaces within the city. Fee shall be
established by city council (see Appendix A).
(b) A
development tax is not required for a caretaker's residence where allowed
pursuant to the Zoning and Development Code.
(Code
1967, § 33-50; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 88.82, 1-26-89; Ord. No. 97.20, 4-10-97; Ord. No. 97.04, 7-10-97; Ord. No.
2001.17, 7-26-01; Ord. No. 2004.42, 1-20-05; Ord. No. 2010.02, 2-4-10)
Sec. 16A-42. Collection.
The fee or tax imposed by this article
shall be collected by the community development director who shall be charged
with the administration of this article.
The fee for each dwelling unit shall be collected by the community
development director prior to the issuance of a building permit for the
construction of any dwelling unit, and the fee with respect to any mobile home
space shall be collected prior to the issuance of a construction permit for the
development of a mobile home park. The community
development director shall not issue a building permit or construction permit
until the fees required by this article have been paid.
(Code
1967, § 33-51; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
Sec. 16A-43. Capital improvement fund.
All funds collected by the community
development director pursuant to this article shall be deposited in a
nonlapsing fund called "Capital Improvement Fund No. " and such fund
is hereby created. All funds deposited in the capital improvement fund shall be
used exclusively for purchases of sites and capital improvements.
(Code
1967, § 33-52; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)
Sec. 16A-44. Dedication of sites in lieu of tax.
If
a person proposes a subdivision which includes a plan and a program for a
complete community or neighborhood, including the dedication of adequate public
sites and improvements, the city council may, upon recommendation by the development
review commission, accept the dedication of such sites and improvements in lieu
of the tax levied by this article; provided, that the value of such space and
improvements, as determined by the city council, apportioned over the number of
dwelling units proposed to be erected and mobile home spaces to be developed is
substantially equal to the amount of tax levied by § 16A-41; and, if the
dedications referred to above do not substantially equal in value the amount of
taxes levied and measured as set forth in § 16A-41, as determined by the city
council, the city council may accept such dedications in partial payment of
such taxes and collect the remainder thereof in cash.
(Code
1967, § 33-53; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88; Ord.
No. 2006.01, 1-5-06)
Sec. 16A-45. Penalties.
Any
person who shall construct a dwelling unit or develop a mobile home park
without payment of the prescribed fee or who shall violate any of the
provisions of this article shall be guilty of a misdemeanor.
(Code
1967, § 33-54; Ord. No. 87.17, § 5, 4-23-87; Ord. No. 88.32, § 5, 4-28-88)
Secs. 16A-46—16A-55. Reserved.
ARTICLE III. ESCORTS, ESCORT BUREAUS AND INTRODUCTORY SERVICE3
Sec. 16A-56. Definitions.
For the purpose of this article, the
following terms shall have the meanings respectively ascribed to them in this
section unless the context clearly requires otherwise:
(1) City manager means the city manager or
his designee.
(2) Consideration
means payment, reward or anything regarded as a return given or suffered by one
for the act or promise of another.
(3) Escort means any person who for
consideration in any form or for a fee, commission or salary, acts as or is
held out to the public as available for hire to consort with or to accompany
another or others to social affairs, places of amusement or entertainment,
within any place of public resort, or within any private quarters.
(4) Escort
bureau means any person who for a fee, commission, profit, payment or other
monetary consideration, furnishes, refers, or offers to furnish or refer
escorts, or provides, or offers to introduce, patrons to escorts.
(5) Escort
bureau runner means any person, not an escort, who for consideration, on
behalf of or as the agent for either an escort, escort bureau or a patron,
contacts, transports or meets with escort patrons, escorts or escort bureaus at
any location other than the established open office, as defined hereunder, whether
that person is employed by the escort bureau or any business, or is
self-employed.
(6) Introductory
service means any person who, for consideration, offers to assist any
person in meeting any other person for social or personal purposes not connected
with or forming part of another lawful business or professional activity.
(7) Licensee
means a person who is the holder of a valid license under this article. A
licensee includes an agent, servant, employee or other person while acting on
behalf of that licensee whenever such licensee is or would be prohibited from
doing or performing an act or acts under this title.
(8) Licensing
officer means the city finance and technology director or his designee.
(9) Offer
to provide acts of sexual conduct means to offer, propose or solicit to
provide to or engage in sexual conduct with a patron, including but not limited
to all conversations, advertisements and acts which would lead a reasonably
prudent person to conclude that such acts were to be provided or engaged in.
(10) Open office means an office or premises
of the licensed escort bureau at an address from which escort business is
transacted and which meets the requirements of this article.
(11) Person
means any individual, or any firm, partnership, corporation or association of
any kind.
(12) Person
financially interested means a corporation, any person who is an officer or
a director or any shareholder holding more than five percent (5%) of the shares
thereof; and for a noncorporate business any person who shares in financial
gain attributable to the business as a proprietor or owner or on the basis of a
percentage in excess of five percent (5%) of gross or ten percent (10%) of net
revenue.
(13) Sexual
conduct means
a. engaging in or the commission of an act of
sexual intercourse, oral-genital contact, or the touching of the sexual organs,
pubic region, buttock or female breast of a person for the purpose of arousing
or gratifying sexual desire of another person; or
b. any service, including but not limited to
modeling, posing, performance, dance or other activity, conducted for any
consideration by a person who is nude during all or part of the time that such
person is providing the service. "Nude"
means without opaque non-flesh colored fabric fully covering the human anus,
pubic region, genitals or areola of a female breast.
(14) Sexual
gratification means sexual conduct as defined herein.
(15) Sexually
oriented acts means sexual conduct as defined herein.
(16) Sexually
oriented escort means an escort who:
a. Works for, as an agent, employee or
independent contractor, or is referred to a patron by a sexually oriented
escort bureau;
b. Advertises that sexual conduct will be
provided, or works for as an agent, employee or independent contractor, or is
referred to a patron by an escort bureau which so advertises;
c. Solicits, offers, agrees to provide or
does provide acts of sexual conduct to an escort patron;
d. Accepts an offer or solicitation to
provide acts of sexual conduct for a fee in addition to the fee charged by the
escort bureau.
(17) Sexually
oriented escort bureau means an escort bureau which:
a. Engages in advertising to make the
prospective patron believe that acts of sexual conduct or sexual stimulation
will be provided;
b. Uses
as escorts persons known to have violated the law regarding prostitution;
c. Does not maintain an open office;
d. Advertises that sexual conduct will be
provided or that escorts which provide each sexual conduct will be provided,
referred, or introduced to a patron;
e. Solicits, offers or agrees to provide or
does provide acts of sexual conduct to a patron;
f. Employs, contracts with or provides or
refers escorts who do not possess escort identification cards as required
herein;
g. Does not deliver contracts to every patron
or customer; or
h. Employs, contracts with, or refers or
provides to a patron, a sexually oriented escort.
(18) Sexual
stimulation means to excite or arouse the prurient interest or to offer or
solicit acts of sexual conduct as defined under "offer to provide acts of
sexual conduct".
(Ord.
No. 86.73, § 1,
Sec. 16A-57. Escort bureau license, introductory service
license, required.
(a) It
is unlawful for any person to work or perform services as, conduct, manage,
operate, or maintain an escort bureau unless licensed pursuant to this article.
(b) It
is unlawful for any person to operate a business which has been licensed under
this article while the license for that business is suspended.
(c) It
is unlawful for any person to work or perform services as, conduct, operate,
manage, or maintain a sexually oriented escort bureau, regardless of license.
(d) It
is unlawful for any person to act in the capacity of or engage in the activity
or an introductory service without a valid license issued pursuant to the
provisions of this article.
(e) A
separate license is required for each location or name by which an escort
bureau or introductory service conducts business or advertises.
(Ord.
No. 86.73, § 1,
Sec. 16A-58. Escort must work for licensed bureau or be
licensed as a bureau.
(a) It
is unlawful for any person to work or perform services as an escort within the
city unless employed by a licensed escort bureau or licensed as an escort
bureau.
(b) It
is unlawful for any person to work or perform services as a sexually oriented
escort, regardless of license.
(c) An
escort shall:
(1) Operate from an open office;
(2) Not advertise that sexual conduct will be
provided or work for an escort bureau which so advertises;
(3) Not offer, solicit, agree to provide, or
provide sexual conduct; and
(4) Comply with this article and applicable law.
(Ord.
No. 86.73, § 1,
Sec. 16A-59. Escort regulations, prohibited activities.
(a) The
escort bureau shall provide to each patron a written contract and receipt of
payment for services. The contract shall clearly state the type of services to
be performed, the length of time such services shall be performed, the total
amount of money such services shall cost the patron, and any special terms or
conditions relating to the services to be performed.
(b) The
escort bureau shall maintain an open office at the licensed location. The
address of that office shall be included in all patron contracts and published
advertisements. Private rooms or booths where the patron may meet with the
escort shall not be provided at the open office or at any other location by the
escort bureau.
(c) The
escort bureau, in terms of licensing consequences, is responsible and liable
for the acts of all its employees and subcontractors including but not limited
to, any telephone receptionist, runner or escort who is referred or employed by
that bureau while the escort is with the patron.
(d) It
is unlawful for a licensee to provide escort services as described in this
article to individuals under eighteen (18) years of age unless written
authorization by a parent or legal guardian is issued to the escort when acting
as such.
(e) An escort bureau shall:
(1) Maintain an open office at an established place of business;
(2) Not advertise, offer, solicit, agree to, or
provide sexual conduct to a patron; and
(3) Employ or provide only escorts who possess
escort identification cards.
(Ord.
No. 86.73, § 1,
Sec. 16A-60. Open office requirements.
To qualify as an open office it is
required that:
(1) Business hours be established and posted
and that the office be open to the public and patrons or prospective patrons
during such business hours and that the office be
accessible to business invitees, business
license officials and law enforcement officers through a security system during
all other hours that escorts are working;
(2) The office be managed by the owner or a
management employee of the owner having authority to bind the bureau to escort
and patron contracts and adjust patron and consumer complaints;
(3) All telephone lines and numbers listed to
the escort bureau, or advertised as escort bureau numbers, terminate at the
open office and at no other location;
(4) An index of all employees and escorts be
kept in the open office; and
(5) All business records be kept in the open
office including records of escort calls and referrals, stating the name and
address, including hotel or motel room, of the patron, the date and time of
referral, name of escort sent and whether the referral resulted in an escort
service and the total fee received from the patron, if any.
(Ord.
No. 95.48,
Sec. 16A-61. Advertising without a license.
It is unlawful to advertise or hold out
to the public the availability of an escort or escort bureau without obtaining
a license therefor as provided in this article, whether the actual business of
escorts or escort bureau as defined in this article is performed. The escort
bureau license number must be prominently displayed in such advertisements.
(Ord.
No. 95.48,
Sec. 16A-62. Application for escort bureau license;
contents; required fees.
(a) An
applicant for an escort bureau license shall file an application with the
licensing officer accompanied by a nonrefundable application fee.
(b) Unless
otherwise provided in this article, the application shall contain the name and
address of the activity and the following information about the applicant, any
person financially interested in the activity to be licensed, any authorized
local agents, any managing employee of the activity to be licensed, any escort
or escort bureau runner:
(1) The name, including any aliases, business
trade names or styles;
(2) Present residence and business addresses
and telephone numbers, as applicable;
(3) Each residence and business address for the
five (5) year period immediately preceding the date of filing of the
application and the inclusive dates of each such address;
(4)
(5) Valid proof of age and that the applicant
is at least eighteen (18) years of age;
(6) Height, weight, color of eyes and hair and date of birth;
(7) Two
(2) current two (2) inch x two (2) inch photographs;
(8) The business, occupation or employment
history for the three-year period immediately preceding the date of the filing
of the application;
(9) Information as to whether such individual
or business has ever been refused any similar license or permit or has had any
similar license or permit issued to such individual or business in the city or
elsewhere revoked or suspended and the reason or reasons therefor;
(10) All prior criminal convictions excepting
minor traffic offenses;
(11) The applicants and agents 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 finance
and technology director or designee;
(12) If the applicant is a corporation, the name
of the corporation shall be set forth exactly as shown in its articles of
incorporation or charter, together with the state and date of incorporation,
and the names, residence addresses, and dates of birth of each of its current
officers and directors, and each stockholder holding more than five percent
(5%) of the stock in the corporation. If the applicant is a partnership, the
applicant shall set forth the names, residence addresses and dates of birth of
each of the partners, including limited partners and profit interest
holders. If the applicant is a limited
partnership, the applicant shall furnish a copy of the certificate of limited
partnership. If one or more of the partners is a corporation, the provisions of
this subsection pertaining to corporations shall apply. The corporation or
partnership applicant shall designate one of its officers or general partners
to act as its responsible managing officer. Such designated person shall complete
and sign all application forms required of an individual applicant under this
article, but only one application fee shall be charged; and
(13) A description of any service to be provided
together with a declaration that the services to be provided shall not involve
those of a sexually oriented escort or escort bureau.
(c) The
licensing officer shall have a reasonable period of time in which to
investigate the application and background of the applicant and process the
application through various city departments.
(d)
The licensing officer shall grant the license upon the following circumstances:
(1) The required fees have been paid;
(2) The application, applicant and activities
conform in all respects to the provisions of this article, the ordinances of
the city and laws of the state;
(3) The applicant has not made a material
misrepresentation of fact in the application;
(4) The
applicant has provided in a timely manner all information required herein or
reasonably necessary for issuance of the license;
(5) Neither the applicant, if an individual,
nor any person financially interested if a corporation, nor any of the
partners, including limited partners, nor the holder of any profit interest,
nor the manager or other person principally in charge of the operation of the
existing or proposed escort bureau, nor any individual employed or contracted
with to as an escort, escort bureau runner or to provide escort services has
been convicted of, pleaded nolo contendere to or guilty to any felony, or to a
misdemeanor involving moral turpitude, within five (5) years prior to the
issuance of the license. This section shall be inapplicable to an individual
whose civil rights have been restored in accordance with law, unless the
conviction involves a criminal violation of this article;
(6) The applicant has not had a license similar
to the one issued pursuant to the provisions of this article issued by another
authority, suspended or revoked within the five (5) year period immediately
preceding the date of the filing of the application;
(7) Neither the applicant or the licensee is
delinquent in payment to the city of taxes, fees, fines or penalties assessed
against or imposed upon the applicant or licensee arising out of any business
activity owned or operated by the applicant or licensee;
(8) The escort bureau complies with all
applicable laws of the city, the county and state; and
(9) The applicant, manager or other person
principally in charge of the operation of the business is at least eighteen
(18) years of age.
(e) The
licensing officer shall deny the license application if all of the requirements
set forth in paragraphs (1) through (9) of subsection (d) have not been met. In
the event of denial, the applicant shall be notified by mail of the denial and
the reasons therefore. The applicant may appeal such denial to the city manager
by filing with the city clerk an appeal within ten (10) days of the date of
denial. The decision of the city manager
shall be final.
(Ord.
No. 86.73, § 1,
Sec. 16A-63. Escort license identification card.
Each escort bureau licensee shall be
issued identification cards in its name and in the names of each person who
shall engage in the activity of an escort or escort runner on its behalf. The card shall contain the name, license
number and license date of the escort bureau, and the name and photograph of
the escort or escort bureau runner. This card must be carried on the person of
any escort, escort bureau runner, or other individual while such person is
engaged in the activity of an escort within the city. Such identification card
shall be displayed upon request of any city officer or other law enforcement
official.
(Ord.
No. 86.73, § 1,
Sec. 16A-64. License term, nontransferability.
The term of a license issued pursuant
to the provisions of this article is one calendar year. All licenses issued
pursuant to this article are nontransferable.
(Ord.
No. 86.73, § 1,
Sec. 16A-65. Information update.
Any changes in information required to
be submitted by this article must be given to the licensing officer within ten
(10) days of any such change.
(Ord.
No. 86.73, § 1,
Sec. 16A-66. Renewal of licenses.
Any license issued pursuant to the
provisions of this article, which has not been suspended or revoked, and no
violations of this article, city ordinances or state law have occurred in the
determination of the licensing officer, may be renewed for a period of not to
exceed one year on written application to the licensing officer made at least
thirty (30) days prior to the expiration date of the current valid license. The
renewal application shall be on a form provided by the licensing officer and
shall contain all of the information and processing required by § 16A-62 if the
licensing officer determines that any violations or complaints of violation of
this article have occurred or been made to the city, or unless otherwise waived
by the licensing officer.
(Ord.
No. 95.48,
Sec. 16A-67. Fees.
A nonrefundable application fee in the
amount set by the city council shall accompany each application for an escort,
escort service bureau or introductory service. Upon approval the license fee as set by the council by
resolution shall be assessed. The
annual license fee may be pro-rated to one-half (1/2) the amount required if
the proposed licensee will be open for business only after July 1.
(Ord.
No. 86.73, § 1,
See. 16A-68. Revocation of license, grounds and procedure;
appeal.
(a) Any
license issued pursuant to this article shall be revoked upon any one or more
of the following grounds committed by a licensee, employee, agent, escort,
escort runner, or other person connected or associated with the license as a
partner, director, officer, stockholder or manager, or any "person
financially interested" as defined herein:
(1) Violation of any provision of this article
in conducting an activity licensed under the provisions of this article;
(2) Giving false information or making a
material misrepresentation of fact in the application for any license required
in this article;
(3) Delinquency in payment to the city of taxes or fees;
(4) Conviction,
subsequent to the issuance of any license of a crime which is either a felony
or a misdemeanor involving moral turpitude or has offered or agreed to or
rendered the service of a sexually oriented escort; or
(5) The licensee is a corporation or business
entity and is not or is no longer qualified to transact business in the State
of
(b) To
revoke a license, the licensing officer shall notify the licensee in writing by
mail to the address as shown on the application or otherwise more recently of
record, that said license or permit is revoked. The cause for such revocation
shall be set forth in the notice. Service shall be complete upon mailing to the
address of record, in the office of the licensing officer.
(c) Except
as otherwise provided in this article, the license shall terminate if the
licensee fails to pay any license fee owed either when due or by the end of any
renewal period.
(d) Appeals
from the revocation or termination of a license as provided for in this article
may be appealed to the city manager by filing an appeal with the city clerk
within ten (10) days after the date of the revocation or termination. The decision of the city manager shall be
final.
(e) A
revoked license shall be surrendered to the licensing officer on demand at the
expiration of the appeals process.
(Ord.
No. 86.73, § 1,
Sec. 16A-69. Applicability of regulations to existing
businesses.
The provisions of this article shall be
applicable to all persons and activities described herein whether the herein
described activities were established before or after the effective date of the
ordinance enacting this article into law.
(Ord.
No. 86.73, § 1,
Sec. 16A-70. Nonprofit corporation or organization exemptions.
An organization which is qualified for
exemption from taxation of income under A.R.S. § 43‑1201, paragraph
1, 2, 4, 5, 6, 7, 10 or 11, and all professions, occupations and businesses
which are licensed by the State of Arizona or any political subdivision thereof
pursuant to a specific statute or ordinance, and all employees employed by a
business so licensed, and which perform an escort, runner or escort bureau
function as a service merely incidental to the primary function of such
organization, profession, occupation or business and which do not hold
themselves out to the public as an escort, runner or escort bureau, are exempt
from licensing pursuant to this article.
Any employment agency, licensed by the state which provides escorts as
defined herein, must, however, obtain a license as required by this chapter.
(Ord.
No. 86.73, § 1,
Secs. 16A-71—16A-74. Reserved.
ARTICLE IV. AFTER-HOURS ESTABLISHMENTS
Sec. 16A-75. Definitions.
For the purpose of this article, the
following terms shall have the meanings respectively ascribed to them in this
section unless the context clearly requires otherwise:
After-hours
activity means any of
the following which are open to patrons during the hours of 2:30 a.m. to 6:00
a.m. and where dancing occurs:
(1) dance hall; or
(2) premises of a state on-sale retailer liquor
licensee.
After-hours
establishment means any
place where an after-hours activity occurs or is provided. The term includes the building or pavilion or
other place where the after-hours activity takes place, together with all
surrounding premises used for parking or surrounding premises used for any
other purpose relating to the after-hours activity.
Control
means the power to
direct or cause the direction of the management and policies of an applicant,
licensee or controlling person, whether through the ownership of voting
securities or a partnership interest, or by agreement or otherwise. Control is presumed to exist if a person has
the direct or indirect ownership of or power to vote ten percent (10%) or more
of the outstanding voting securities of the applicant, licensee or controlling
person or to control in any manner the election of one or more of the directors
of the applicant, licensee or controlling person. For the purposes of determining the
percentage of voting securities owned, controlled or held by a person, the
voting securities of any other person directly or indirectly controlling,
controlled by or under common control with the other person, or by an officer,
partner, employee or agent of the person or by a spouse, parent or child of the
person. Control is also presumed to
exist if a creditor of the applicant, licensee or controlling person holds a
beneficial interest in fifty percent (50%) or more of the liabilities of the
licensee or controlling person.
Controlling
person means a person
directly or indirectly possessing control of an applicant or licensee.
Dance
hall means any
establishment or location where social dancing occurs and a patron pays an
admittance fee or minimum charge.
Licensing
officer means the director
of the finance and technology department of the city or his designee.
Owner
means the owner of
record, as shown by the records in the office of the county assessor, of the
premises where an after-hours establishment is located. “Business owner” means any legal owner of an
after-hours establishment or activity.
Person
means any individual,
firm, corporation, partnership, company, association, business trust,
government entity, and any other form of multiple organization.
Premises
of a state on-sale retailer liquor licensee means any area from which a person holding any state on-sale
retailer liquor license or a special event liquor license is authorized to
sell, dispense or serve spirituous liquor.
(Ord.
No. 91.16,
Sec. 16A-76. Applicability, provisions cumulative.
(a) The
provisions of this article shall apply to all after-hours activities,
establishments and persons as defined herein, whether such activities were
commenced before, on or after the effective date of this article.
(b) The
provisions of this article shall be in addition to any other regulations,
privilege or license taxes or permit requirements required by the city, the
state or other applicable agency and cumulative to any other applicable
regulations, procedures or penalties.
(Ord.
No. 91.16,
Sec. 16A-77. License required.
(a) It is unlawful for any person to own,
manage, operate or provide an after-hours activity or an after-hours
establishment without first obtaining and maintaining in effect an after-hours
establishment license as required by this article.
(b) It
is unlawful for any person licensed as provided in this article to operate
under any name or conduct business under any designation not specified in the
license.
(Ord.
No. 91.16,
Sec. 16A-78. Application.
(a) Any
person desiring to obtain an after-hours establishment license shall make
application to the licensing officer who shall refer such application to the
chief of police and community development director and any other interested
department for appropriate investigation. The application shall be in such form
as prescribed by the licensing officer and shall be fully completed before
processing by the licensing officer. The
application must be submitted at least forty-five (45) days prior to the
proposed date of providing any after-hours activity.
(b) The
application shall include a description of the proposed after-hours activity
and shall include, but not be limited to, the following information set forth
in this subsection. Paragraphs (1) through (9) below are required to be
completed about the applicant, the business owner, the licensee if not the
applicant or the business owner, the agent responsible for managing the
premises on a day to day basis (hereinafter "managing agent") and any
controlling person as defined herein:
(1) Full legal name and any name by which the
person is or has been known;
(2) Current home address and telephone number
and addresses over the past five (5) years;
(3) Driver's license number;
(4) Birth date, height, weight, hair and eye
color;
(5) Business occupation and employment history
for five (5) years;
(6) License history, including issuance,
revocation, suspension or termination of any current or past state liquor
licenses, the liquor license number and managing agent; permits; professional
or business license;
(7) The applicants and agents 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 finance and technology director or designee.
(8) Listing of any prior felony or misdemeanor
convictions except minor traffic violations;
(9) Documentation of age over eighteen (18) years;
(10) Designation of the managing agent who will be
managing or operating the after-hours activity at the indicated location and
proof of the managing agent's authorization to act on behalf of any corporation
or organization;
(11) Name, address and telephone number of any
other local agent authorized to conduct daily business and proof of authority
to act on behalf of the prospective licensee;
(12) Name, address and telephone of statutory
agent in
(13) Except for corporations listed on the major
stock exchanges, the names and addresses of all persons financially interested
in the business. If a person financially
interested in the business of the prospective licensee is a corporation, the
names and addresses of all persons financially interested in that corporation
shall be provided;
(14) The names and addresses of any controlling
persons as defined herein. If the
controlling person is a corporation, the names and addresses of all persons
having control of the controlling corporation shall be provided;
(15) A plan of operation to ensure compliance with
§ 16A-87 and applicable provisions of this article;
(16) Evidence of current, valid privilege license
issued by the city;
(17) Evidence of current, valid use permit or any
other applicable zoning approval for the proposed activity issued by the city;
(18) Legal description and location of the
premises and lot where the proposed activity will take place, submitted on a
map drawn to scale, at least eight and one-half by eleven inches, showing the
dimensions of the property and the name and width of all internal and abutting
streets, roads or alleys, any existing buildings, fences and easements, with
distances to property lines;
(19) Floor
plan containing an accurate drawing to scale depicting the interior plan and
layout of the premises;
(20) A vicinity ownership map showing and
labelling all lots within three hundred (300) feet of the exterior boundaries of
the lot on which the establishment is located.
The three hundred (300) foot measurement shall exclude any public
property or public rights-of-way;
(21) A vicinity ownership list, and mailing labels
properly addressed, containing names and mailing addresses, with correct zip
codes, of owners of all parcels required to be shown on the vicinity ownership
map. The owners shall be as shown on the last assessment of the property by the
county;
(22) A complex/center tenant list, and mailing
labels properly addressed, containing names and mailing addresses, with correct
zip codes, of tenants which share the site with the proposed licensee as to use
of common points of ingress and egress or common parking areas or facilities;
and
(23) Such other information as may be requested by
the licensing officer to determine the truth of the information required to be
set forth above.
(c) Any
change in ownership of the business or in the information required to be
provided in paragraphs (1), (10), (11), (12), (13) or (19) above shall be
reported to the licensing officer within ten (10) calendar days after the
change. Such changes shall be subject to
investigation and approval by the city as provided in subsection (d) hereof and,
if disapproved, the disapproval shall be grounds for termination of the license
as provided in § 16A-85 of this code.
The requirement for reporting changes as required herein is effective at
all times during the city's consideration of the application and at all times
when a license issued hereunder is in effect.
All other information set out above must be updated at the time of the
renewal of the license.
(d) Any
change in the plan of operation in paragraph 15 above must be approved by the
city prior to the change becoming effective.
Failure to comply with an approved plan of operation shall constitute
grounds for termination of the license as provided in § 16A-85.
(e) The
police department shall conduct an investigation of the application and
background of the applicant and proposed licensee. Based on such investigation, the police
department shall recommend to the licensing officer the approval or denial of
the license. In addition, the community
development department and fire department, and any other affected department,
may inspect any premises proposed as the site of the establishment and may make
separate recommendations to the licensing officer concerning compliance with
the provisions of
this article and applicable codes. The licensing officer shall make a
recommendation as to issuance or denial of the license, including any
conditions recommended or applicable to the license or licensee, and transmit
the recommendation to the city council.
(Ord.
No. 91.16, 4-29-91; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord. No.
2002.25, 8-1-02; Ord. No. 2005.32, 6-2-05; Ord. No. 2010.02, 2-4-10)
Sec. 16A-79. Application fee and license fee.
(a) The application shall be accompanied by a
nonrefundable application fee established by the city council (see Appendix A).
(b) The
license fee shall be established by the city council (see Appendix A).
(c) The
annual license fee for an initial license may be pro-rated to one-half the
amount required herein if the proposed licensee will be open for business only
during the last half of the calendar year, that is, after July 1.
(Ord.
No. 91.16,
Sec. 16A-80. Grounds for denial.
The following include, but are not
limited to, grounds for denial of an application for after-hours establishment
license:
(1) The applicant, or proposed conduct of the
after-hours activity, fails to meet the requirements of this article or any
applicable provision of this code or law;
(2) The applicant or conduct of the proposed
after-hours activity will not conform or comply with laws and regulations;
(3) The applicant does not have an acceptable
plan for compliance with § 16A-87 of this article on requirements for
operation;
(4) The applicant is a corporation which is not
qualified to transact business in this state;
(5) Misrepresentations or material
misstatements are made in the application;
(6) Harm to the public health, safety or
welfare of the community, or clear or present danger of serious damage or
danger to the public, would result from granting the license; or
(7) A business owner, or a managing agent, an
applicant, other managing employee or a controlling person in the business to
be licensed has been convicted of:
a. a felony; or
b. a misdemeanor which relates to the
activity to be licensed,
or
has, within two (2) years preceding the date of the issuance of a license,
violated any of the provisions of this article or the city code while
conducting an after-hours activity or establishment.
(Ord.
No. 91.16,
Sec. 16A-81. Public hearing on license, notice.
(a) The
city council shall hold a public hearing on the application.
(b) Notice
of the hearing shall be given at least thirty (30) days prior to the hearing in
the following manner:
(1) Notice shall be published at least once in
a newspaper of general circulation in the city;
(2) Notice
shall be posted on the affected property in such a manner as to be legible from
the public right-of-way;
(3) Notice shall be mailed by first class mail
to each owner and tenant as provided in paragraphs (21) and (22) of § 16A-78;
and
(4) Notice shall be mailed by first class mail
to the chairperson of the registered neighborhood associations and homeowners
associations within the vicinity.
(c) At
the public hearing, the council may adopt the recommendation of the licensing
officer or may render any other decision, including but not limited to
conditions applicable to the licensee.
(Ord.
No. 91.16, 4-29-91; Ord. No. 2005.32, 6-2-05)
Sec. 16A-82. Display of license.
A
licensee shall display such license in a conspicuous place in the after-hours
establishment.
(Ord.
No. 91.16, 4-29-91; Ord. No. 2005.32, 6-2-05)
Sec. 16A-83. Transferability, automatic termination of
license.
(a) Licenses
issued hereunder are not transferable.
(b) The
following shall result in automatic termination of an after-hours establishment
license:
(1) Any change in location of a licensed
after-hours establishment;
(2) Upon the sale or transfer of any interest
in the after-hours establishment; or
(3) Upon the revocation or termination of any
use permit or other zoning approval issued by the city relating to the
after-hours activity.
(c) A
new application may be made by the person whose license is terminated as
provided in this section, or by another person desiring to own or operate an
after-hours establishment. As used in
this section, a transfer of more than fifty percent (50%) of the stock or
ownership of the business of a licensee is a prohibited transfer of a license
as prescribed in this section.
(Ord.
No. 91.16,
Sec. 16A-84. Renewal, appeals from denial.
(a) Annually,
at least thirty (30) days prior to the first day of January of each year, a
licensed after-hours establishment shall apply to the licensing officer for
renewal of the after-hours establishment license. Application shall be made and reviewed as an
original application except that:
(1) No application fee is payable on a renewal
application; and
(2) Public hearing and notice as required in §
16A-81 shall be conducted only if required by the licensing officer.
(b) Appeals
from the denial of a renewal license application may be taken to the city
council by filing a written notice of appeal with the city clerk within seven
(7) calendar days after the date of the decision of the licensing officer
denying the renewal license. The city
council may affirm, deny, modify or otherwise amend the decision of the
licensing officer. The city council's
decision is final.
(Ord.
No. 91.16,
Sec. 16A-85. Grounds for termination, hearing.
(a) In addition to the automatic termination of
a license as provided in this article, the license may be revoked, suspended or
denied renewal for any one or more of the following grounds:
(1) The licensee is guilty of fraud in
conducting the business or deceit in obtaining a license to conduct the business;
(2) The licensee has been convicted in a court
of competent jurisdiction of a felony or of any misdemeanor which relates to
the licensed activity;
(3) The licensee is guilty of untrue, fraudulent,
misleading or deceptive advertising;
(4) The licensee is grossly ignorant of or
guilty of wilful negligence in the business of the after-hours establishment;
(5) The licensee has violated any of the
provisions of §§ 16A-78, 16A-87 or 16A-88 or any other provision of this
article or the city code;
(6) The licensee fails to comply with the terms
of the plan of operation as approved by the city;
(7) There occurs on the premises repeated acts
of violence or disorderly conduct;
(8) The licensee or any employee or managing
agent thereof fails or refuses to make the premises or records available for
inspections and examination as provided in this article;
(9) The licensee knowingly files an application
or other document with material information which is false or misleading or
knowingly gives testimony in an investigation or other proceeding which is
false or misleading;
(10) The licensee is delinquent for more than
ninety (90) days in the payment of any applicable taxes to the city;
(11) The licensee fails to take reasonable steps
to protect the safety of a customer of the licensee entering, leaving or
remaining on the licensed premises when the licensee knew or should have known
of the danger to such person, or the licensee fails to take reasonable steps to
intervene by notifying law enforcement officials or otherwise to prevent or
break up an act of violence or an altercation occurring on the licensed
premises or immediately adjacent to the premises when the licensee knew or reasonably
should have known of such acts of violation or altercations;
(12) The licensee, his managing agent, a
controlling person or other managing employee knowingly associates with a
person who has engaged in racketeering, as defined in A.R.S. § 13-2301, or has
been convicted of a felony and the association is of such a nature to create a
reasonable risk that the licensee will fail to conform to the requirements of
this article or any criminal statute of this state; or
(13) Any enlargement or expansion of the premises
or of the after-hours activity without appropriate approvals from the city.
(b) To
suspend or revoke a license, the licensing officer shall deliver or mail by
certified mail to the business address as shown by the license application, or to
the last reported business address shown in a renewal or other report, a
written notice that such license is suspended or revoked. The reason for the suspension or revocation
shall be set forth in the notice and the provisions of subsection (c) hereof on
hearing and appeal rights. A suspended
or revoked license shall be surrendered to the licensing officer on demand.
(c) The
licensing officer shall grant on demand to any licensee whose license has been
revoked or suspended a full hearing on the merits of such suspension or
revocation. Appeal of the licensing officer's decision to the city council
shall be made within seven (7) calendar days after the receipt of the licensing
officer's notice of suspension or revocation, and failure to demand a hearing
within such time will constitute full waiver.
The decision of the council is final.
(Ord.
No. 91.16,
Sec. 16A-86. Application after denial or termination.
No person may apply for an after-hours
establishment license within one year from:
(1) The denial of any such license to the
applicant; or
(2) The suspension, revocation, termination or
non-renewal of such license unless the cause of the denial, suspension,
termination, revocation or nonrenewal has been, to the satisfaction of the licensing
officer, removed in such time.
(Ord.
No. 91.16,
Sec. 16A-87. Requirements for operation of establishment,
plan of operation required.
(a)
An after-hours establishment shall comply with this article and all
applicable city and state laws and ordinances, including but not limited to
fire and building and zoning codes. In addition, the following requirements
apply:
(1) The hours during which the after-hours
establishment may be open for conduct of after-hours activity shall be as specified
in the after-hours establishment license issued by the city;
(2) Persons
under eighteen (18) years of age are prohibited in an after-hours
establishment;
(3) Written proof of identification shall be
required for admission to an after-hours establishment to ensure compliance
with paragraph (2) of this section. The following written instruments are the
only acceptable types of identification:
a. An unexpired driver's license issued by
any state, provided such license includes a picture of the licensee;
b. An identification license issued pursuant
to state law;
c. An armed forces identification card;
d. A valid unexpired passport issued by a
government which contains a photograph of the person and the date of birth;
(4) No person shall be admitted to, nor shall
any person be allowed to remain on, the licensed premises who is or appears to
be under the influence of spirituous liquor or drugs or who is disturbing the
peace;
(5) No spirituous liquor may be furnished,
sold, served or consumed at an after-hours establishment between 2:30 a.m. and
(6) Admittance and any admittance lines for
entry to the establishment shall be closed at 3:00 a.m. or at such other time
prescribed in the license issued by the city;
(7) Any parking used by patrons of the
licensee, and any parking area of the licensee or within three hundred (300)
feet of the licensed premises shall be supervised by the licensee to ensure
that the parking areas are used by persons entering and exiting from their
vehicles and are not used as a gathering place; and
(8) Applicant must have a current security plan
pursuant to § 26-70 of this code.
(b) A
plan which demonstrates how the licensee will ensure compliance with these regulations shall accompany the
application and is subject to approval by the city. Any change in the plan of operation once
approved must be submitted to the city for approval prior to the change
becoming effective as provided in § 16A-78.
A copy of the plan of operation shall be available at the after-hours
establishment for inspection by the city during business hours and at other
reasonable times. The plan shall include such information as required by the
licensing officer, including identification of employees, agents or private
contractors who are responsible for security and ensuring compliance with the
terms of this article.
(Ord.
No. 91.16, 4-29-91; Ord. No. 2005.32, 6-2-05)
Sec. 16A-88. Unlawful activities.
It is unlawful for any person or
licensee at an after-hours establishment to:
(1) Operate without any required city or state
permit or in violation of any applicable city or state law or ordinance;
(2) Admit persons under eighteen (18) years of
age;
(3) Serve spirituous liquor or permit the
consumption thereof at an after-hours establishment when prohibited in this
article or state law;
(4) Employ any person who is under eighteen
(18) years of age to work during the hours between 2:30 a.m. and
(5) Allow an intoxicated or disorderly person
to come into or remain on the licensed premises, except that an intoxicated
person may remain on the premises for no longer than thirty (30) minutes to
arrange for transportation;
(6) Solicit or encourage, or allow an employee
to solicit or encourage, to buy a patron anything of value, directly or
indirectly, or for a patron to solicit or encourage to buy an employee anything
of value, directly or indirectly;
(7) Knowingly permit unlawful possession, use,
or sale of narcotics, dangerous drugs or marijuana;
(8) Knowingly permit prostitution or
solicitation of prostitution;
(9) Knowingly permit unlawful gambling on the
premises;
(10) Knowingly
permit trafficking in stolen property;
(11) Fail
or refuse to make the premises or records, or the plan required in § 16A-86
available for inspection as provided in this article; or
(12) Employ or permit a person to be employed on a
salary, contract or commission basis for the purpose of dancing with patrons,
except that this shall not apply to bona fide instructors of dancing regularly
employed for the exclusive purpose of giving bona fide instructions for
dancing.
(Ord.
No. 91.16, 4-29-91; Ord. No. 2005.32, 6-2-05)
Sec. 16A-89. Investigation to determine violation,
requests for investigation.
The police chief or the licensing
officer or any of their agents may enter in a lawful manner the premises of an
after-hours establishment or where an after-hours activity takes place and may
attend, witness, visit and investigate any and all of the after-hours
activities and any other activities therein and thereon. In addition, the police chief or the licensing
officer or their agents may inspect in a lawful manner the after-hours
establishment or the buildings and premises in which after-hours activities are
carried on to determine whether or not there exist any violations of this
article or the city code. The police
chief or licensing officer may request any other department of the city to make
an investigation to determine whether or not the after-hours activity is being
operated in compliance with this article and ordinances of the city.
(Ord.
No. 91.16,
Sec. 16A-90. Penalty.
(a) A
violation of this article is an offense, punishable as provided in § 1-7 of
this code. Each day on which a
violation continues shall be a separate offense.
(b) In
addition to the punishments provided in this section, a violation of this
article is grounds for revocation of the license as provided in § 16A-85.
(Ord.
No. 91.16,
Secs. 16A-91—16A-99. Reserved.
ARTICLE V. TELE-TRACK WAGERING FACILITY SITES
Sec. 16A-100. Definitions.
For the purposes of this article,
unless the context otherwise requires, all words and phrases shall have the
same meaning attributed to them as is provided in A.R.S. § 5-101 et seq.
(Ord.
No. 91.45,
Sec. 16A-101. State license required.
No person shall operate a tele-track
wagering site within the city without first obtaining and properly maintaining
in force a license for a racing meeting and pari-mutuel waging as required by
A.R.S. § 5-101 et seq.
(Ord.
No. 91.45,
Sec. 16A-102. Tele-track wagering facility site permit.
A person holding a permit for horse,
harness or dog racing meetings pursuant to A.R.S. §5‑111 may apply for a
tele-track wagering facility site permit from the city through the finance and
technology director or his designee of the city.
(Ord.
No. 91.45,
Sec. 16A-103. Application.
(a) A
person desiring to obtain a tele-track wagering facility site permit shall make
application to the finance and technology director who shall refer such
application to the community development department, police department and fire
department for appropriate recommendations.
The application shall be in such form as prescribed by the finance and
technology director and shall be fully completed before processing by the finance
and technology director. The application
must be submitted at least forty-five (45) days prior to the proposed date of
providing tele-track wagering within the city; however, this provision may be
waived by the finance and technology director
(b) The
application shall include a description of the proposed tele-track wagering
activity and shall include, but not be limited to, the required information set
forth in this subsection.
(1) Full name and address of the applicant and
owner/managing agent of the property on which the wagering facility is to be
located;
(2) Proof of current permit from the Arizona
Racing Commission to conduct tele-track wagering within the state;
(3) Proof of liquor license in effect for the
site at which the tele-track wagering is to be located;
(4) Designation of managing agent of the
applicant and managing agent of the owner of the property on which the tele‑track
wagering will be located;
(5) Name, address and telephone number of
statutory agent in the state if either the applicant or the owner of the site
is a corporation;
(6) A
floor plan containing an accurate drawing to scale of all buildings upon the
premises and the lot lines of the parcel on which the activity will take place;
(7) A vicinity ownership map showing and
labeling all lots within three hundred (300) feet of the exterior boundaries of
the lot on which the activity is to be located.
The three hundred (300) foot measurement shall exclude any public
property or public rights of way;
(8) A vicinity ownership list and mailing
labels properly addressed, containing names and mailing addresses, with correct
zip codes, of owners of all parcels required to be shown on the vicinity
ownership map as depicted on the last assessment of property by Maricopa County; and
(9) A parking plan showing all parking spaces
available upon the site for applicant's use.
(Ord.
No. 91.45,
Sec. 16A-104. Application fee and permit fee.
(a) The
application shall be accompanied by a nonrefundable application fee as
established by the city council (see Appendix A).
(b) The
annual permit fee shall be established by the city council (see Appendix A).
The
annual permit fee for an initial permit may be prorated on a monthly basis. The
permit shall be valid from July 1 of each year through June 30 of the following
year.
(Ord.
No. 91.45,
Sec. 16A-105. Public
hearing on permit, notice.
(a) The city council shall hold a public
hearing on the initial application for permit and notice of said hearing shall
be given at least fifteen (15) days prior to the hearing in the following
manner:
(1) Notice shall be published at least once in
a newspaper of general circulation in the city;
(2) Notice shall be posted on the affected
property in such a manner as to be legible from the public right-of-way; and
(3) Notice shall be mailed by first class mail
to each owner and tenant as listed on the vicinity ownership list.
(b) After
public hearing, the council may issue the permit with any conditions it deems
necessary or deny said permit.
(Ord.
No. 91.45,
Sec. 16A-106. Display of permit, nontransferability.
Permittee shall display the permit set
forth in this article in a conspicuous place within the facility. No permit
shall be transferrable.
(Ord. No.
91.45,
Sec. 16A-107. Renewal.
(a) Annually,
at least thirty (30) days prior to the first day of July of each year, a
permitted tele-track wagering facility site shall apply to the finance and
technology director for renewal of the permit.
Application shall be made and reviewed as an original application except
that:
(1) No application fee is payable on a renewal
application, except if said renewal application is not timely filed, a late fee
in the sum of one hundred dollars ($100) shall be imposed; and
(2) Public hearing and notice shall be
conducted only if required by the finance and technology director.
(Ord.
No. 91.45,
Sec. l6A-107.1. Secondary permit.
A person qualified pursuant to §
16A-101 may obtain a secondary tele-track wagering facility site permit for a
period of time within a permit year which a current permittee (primary
permittee) is not licensed by the state to conduct a racing meeting and
pari-mutual wagering. Such secondary permit shall only be issued at the site
and for the same type of tele-track wagering for which the primary permittee is
licensed upon compliance with the following requirements:
(1) Furnish written permission from a person
holding a valid tele-track wagering facility site permit for the use of the
same facilities and site (primary permittee);
(2) Furnish written permission from the
owner/managing agent of the property on which the tele-track wagering facility
site permit is currently permitted;
(3) File an application with the finance and
technology director containing all information set forth in § 16A-103 except
subsection (b)(7) and (8);
(4) Pay the nonrefundable application fee as
set forth in § 16A-104(a); and
(5) All other provisions of article V herein
shall apply to the secondary permit with the exception of § 16A-105, and the finance
and technology director may issue the permit upon the same terms and conditions
as those issued to the primary permittee.
(Ord.
No. 92.13,
Sec. 16A-108. Revocation, hearing.
(a) A
permit may be revoked if the operation at the facility site is not in the best
interests of the city. The permit shall
be revoked for any of the following:
(1) Any
violation of the laws governing wagering within the state or the sale of liquor
within the state;
(2) There occurs on the facility site repeated
acts of violence or disorderly conduct;
(3) The permittee knowingly files an
application or other documents with material information which is false or
misleading or gives testimony in an investigation or other proceedings which is
false or misleading; or
(4) The permittee is delinquent for more than
thirty (30) days in the payment of any applicable taxes or fees to the city.
(b) To
revoke a permit, the finance and technology director shall deliver or mail by
certified mail to the business address as shown by the permit application a
written notice that such permit is revoked.
The reason for revocation shall be set forth in the notice together with
the provisions of subsection (c) hereof on hearing and appeal rights. A revoked license shall be surrendered to the
finance and technology director on demand.
(c) The
finance and technology director shall grant on demand to any permittee or
managing agent whose permit has been revoked a full hearing on the merits of
such revocation. Appeal of the finance
and technology director's decision to the city council shall be made within
seven (7) calendar days after the receipt of the finance and technology director's
notice of revocation, and failure to demand a hearing within such time will
constitute full waiver. The decision of the council is final.
(Ord.
No. 91.45,
Sec. 16A-109. Unlawful to operate without permit.
It is unlawful for any person to
operate or allow the operation of a tele-track wagering facility on any site
within the city without first having obtained and maintain in force a permit as
set forth in this article.
(Ord.
No. 91.45,
Secs. 16A-110—16A-111. Reserved.
ARTICLE VI. ADULT-ORIENTED BUSINESSES4
Sec. 16A-112. Purpose and intent.
(a) It
is the purpose of this article to regulate adult-oriented businesses, to
promote the public health, safety, and general welfare of the citizens of the
city, and to avoid and mitigate the detrimental secondary effects of
adult-oriented businesses through content neutral regulations.
(b) It is
not the purpose of this article to impose a
limitation or restriction on the content of any communicative materials,
including sexually oriented materials, or to restrict or deny access by adults
to sexually oriented materials protected by the First Amendment, or to deny
access by the distributors and exhibitors of sexually oriented entertainment to
their intended market.
(c) This
article is not intended to interfere with or suppress legitimate expression or
any speech activities protected by the First Amendment to the United States
Constitution nor is it intended to permit any use or activity which is
otherwise prohibited or made punishable by law.
(Ord.
No. 95.49,
Sec. 16A-113. Definitions.
For the purpose of this article, the
following terms shall have the meaning respectively ascribed to them in this
section unless the context clearly requires otherwise:
(1) Adult
cabaret means a nightclub, bar, restaurant, or similar commercial business
which regularly features:
a. Persons who appear in a "state of nudity";
b. Live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified
sexual activities"; or
c. Films, motion pictures, video cassettes,
slides, or other photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas".
(2) Adult motel means a hotel, motel or
similar commercial establishment that:
a. Offers accommodations to the public for
any form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides or other
photographic reproductions that depict or describe "specified sexual
activities" or "specified anatomical areas" as one of its
principal business purposes;
b. Offers a sleeping room for a period of
time that is less than ten (10) hours; or
c. Allows
a tenant or occupant of a sleeping room to subrent the room for a period of
time that is less than ten (10) hours.
(3) Adult
motion picture theater means a commercial business where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are predominantly
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas".
(4) Adult-oriented
business means the opening or commencement of, or the conversion of an
existing business to, or the addition to any other existing business of, or the
relocation of any of the following: "adult arcade", "adult
retail store", "adult motion picture theater", "adult
theater", "adult cabaret", "adult motel", "nude
model studio", "adult service", "adult service business"
and "adult video facility".
(5) Adult-oriented
business manager means a person on the premises of an adult-oriented
business who has overall supervisory authority over the operation of the
business.
(6) Adult
retail store in this article, means a commercial establishment which
devotes more than one-third (1/3) of its total retail sales floor area to any
of the following:
a. The sale or rental, for any form of consideration,
books, magazines, periodicals, photographs, films, motion pictures, video
cassettes or video reproductions, slides, or other printed or visual matter
that predominantly depict or describe "specified sexual
activities" or "specified
anatomical areas";
b. The sale or rental of instruments,
devices, or paraphernalia that are designed for use in connection with
"specified sexual activities", excluding condoms and other birth
control and disease prevention products; or
c. The regular exclusion of all minors from
the premises because of the sexually explicit nature of the items sold, rented
or displayed therein.
For
the purpose of determining one-third (1/3) of the total retail sales floor
area, display items shall be clearly separate from the remaining merchandise
and shall not be visible from the remaining two-thirds (2/3) of the retail
sales floor area, separated by a solid non-transparent partition, and shall not
be visible from the exterior of the business.
(7) Adult
service means a dance, performance or other activity, including, but not
limited to, service of food or beverages, modeling, posing, wrestling, singing,
reading, talking, or listening conducted for any consideration in an adult
service business by a person who is nude during all or part of the time that
the person is providing the service.
(8) Adult service business means a
commercial establishment where any adult service is provided to patrons in the
regular course of business and as one of the principal business purposes of the
establishment, and includes, but is not limited to, a nude model studio as
defined in this code.
(9) Adult-oriented
service provider means any person who provides an adult service.
(10) Adult
video facility, adult theater or adult arcade, referred to as adult video facility in this article,
means a commercial establishment where, for any consideration, the public is
permitted or invited wherein films, motion pictures, video cassette
projections, slides, photographs or
other visual media predominantly characterized by depiction of "specified
sexual activities" or "specified anatomical areas" are shown
electrically, mechanically or by other means in the regular course of business
and as a business purpose of the establishment.
Adult video facility does not
include a theater where all viewing occurs in a common area with seating for
fifty (50) or more persons.
(11) Applicant
means a person or persons who has applied for an adult-oriented business
license, an adult-oriented manager license or an adult-oriented service
provider license.
(12) Business
day means any day of the week when the license officer’s office is open for
the public to conduct the license officer’s business.
(13) Community
development director means the director of the community development department
or designee.
(14) Employ, employee or employment describe and pertain to any person who performs any
service on the premises of an adult-oriented business on a full-time, part-time
or contract basis, whether or not the person is denominated an employee,
independent contractor, agent or otherwise.
Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or for the delivery of goods to the
premises.
(15) Licensing officer means the director of
the finance and technology department of the city or designee.
(16) License
means the license required by this article as a condition to operating an
adult- oriented business or to engage in the activities of an adult-oriented
service provider or adult-oriented business manager.
(17) Licensee
means a person in whose name a license to operate an adult-oriented business
has been issued, as well as each individual listed as an applicant on the
application for a license.
(18) Manager's station means an area within an
adult service business or an adult video facility where an adult-oriented
business manager is located in the normal course of operations.
(19) Nude
model studio means a place where the primary use involves a person who regularly
appears in a "state of nudity", displays "specified sexual
activities" or the exposure of "specified anatomical areas" and is
provided to be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who transfer any form of consideration.
(20) Nudity/state
of nudity means without opaque non-flesh colored fabric fully covering the
human anus, pubic region, male genitals, female genitals, and female breasts
below the top of the areola.
(21) Operate
or causes to be operated means to
cause to function or to put or keep in operation. Operator
means any person who causes to function or who puts or keeps in operation an
adult-oriented business. A person may be
found to be operating or causing to be operated an adult-oriented business
whether or not that person is an owner, part owner, or licensee of the
business.
(22) Patron
means a person invited or permitted to enter and remain upon the premises of an
adult-oriented business, whether or not for a consideration.
(23) Person
means an individual, firm, partnership, joint venture, association,
corporation, estate, trust, receiver, syndicate, or broker, or any other form
of legal entity.
(24) Police
chief means the chief of police or designee.
(25) Specified
anatomical areas means the human anus, pubic region, male genitals, female
genitals, or female breast below the top of the areola that are less than
completely and opaquely covered by non-flesh colored fabric; or human genitals
in a state of sexual arousal, even if completely and opaquely covered.
(26) Specified sexual activities means actual
or simulated sexual intercourse, masturbation, oral copulation, sodomy,
flagellation, bestiality, fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or the female breast, or any combination
thereof. As well as, human genitals in a
state of sexual arousal or excretory functions as part of or in connection with
any of the activities set forth herein.
(Ord.
No. 95.49,
Sec. 16A-114. Classification.
An adult-oriented business shall be
classified as follows:
(1) Adult retail store;
(2) Adult service business;
(3) Adult video facility, adult theater or
arcade;
(4) Adult
motel;
(5) Adult
cabaret;
(6) Adult
motion picture theater;
(7) Nude
model studio; or
(8) Any
combination of classifications set forth in paragraphs (1) through (7) above or
similar ancillary activity.
(Ord.
No. 95.49, 12-14-95; Ord. 2007.07, 2-1-07)
Sec. 16A-115. Administration.
(a) The
administration of this article, including the duty of prescribing forms, is
vested in the licensing officer, except as otherwise specifically provided.
The police chief
and the community development director shall render
assistance in the administration and enforcement of this article as follows:
(1) Police chief shall make police department
facilities and personnel available to fingerprint an applicant for a
license. The cost of fingerprinting
shall be paid by the applicant at the time the service is provided. Records of fingerprints so obtained shall be
maintained at the police department;
(2) Police chief shall have a criminal history
inquiry conducted on all persons listed
as applicants in a license application.
The inquiry shall be limited to determining whether an applicant for a license
has a criminal conviction of the type described and for the period indicated in
§ 16A-117(d)(8) of this article. The
police chief shall notify the licensing officer in the event such criminal conviction
is found to exist;
(3) Community development director shall notify
the licensing officer whether an applicant or a licensee in a license
application has failed to comply with or is in violation of applicable
provisions of the Zoning and Development Code, or the building codes,
development standards or other land use ordinances and regulations of the city
relating to the business to be operated under the license;
(4) Nothing herein is intended to prohibit or
restrict the police chief or the community development director from providing
additional assistance as may derive from their normal duties and
responsibilities or as may be requested by the licensing officer. In no event shall any assistance as described
herein, or the absence of such assistance, delay or extend the time period
specified in § 16A‑125 for the licensing officer to act on a license
application; and
(5) The licensing officer shall take
photographs of each applicant. Photograph
fees must be paid at the time initial application is submitted. Initial or replacement photograph fees shall
be established by city council (see Appendix A).
(b) An
application for a license or for the renewal of a license made pursuant to this
article shall be submitted to the licensing officer who shall grant or deny the
application in accordance with the provisions of this article. The licensing officer shall also suspend or
revoke a license in accordance with the provisions of this article.
(c) A
license issued pursuant to this article shall expire on December 31 of the year
in and for which it is issued and may be renewed annually.
(d) A
license, if granted, shall state on its face:
(1) The name of the licensee;
(2) The name and address of the licensed premises;
(3) The particular classification or
classifications of adult-oriented business for which the license is granted;
and
(4) The license number.
(Ord. No. 95.49,
Sec. 16A-116. Adult-oriented business license required.
(a) It
shall be unlawful for a person to operate an adult-oriented business without a
valid license issued pursuant to this article for the particular classification
of adult-oriented business sought to be operated.
(b) It
shall be unlawful for a person to operate an adult-oriented business under any
name or designation, or under any premises name or designation, or at any
premises address not specified in a valid license issued pursuant to this
article. Each additional premises sought
to be operated as an adult-oriented business shall require a separate license.
(c) It
shall be unlawful for any operator of an adult-oriented business to hire or
engage any provider or manager who does not hold a valid license.
(d) A
valid license for the adult-oriented business being conducted shall be
displayed on the premises in such manner as to be readily visible to patrons.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-117. Application for adult-oriented business
license.
(a) A
person who wishes to operate an adult-oriented business shall submit an application
and fees for a license to the licensing officer as required by this article. The application shall be on a form prescribed
by the licensing officer and obtainable from the licensing officer. The application shall include a current
photograph and the fingerprints of each applicant. An application shall be deemed filed with the
city when the licensing officer has received the required fees, a completed
application with all information required in subsection (d), and the photograph
and fingerprints of each applicant.
(b) The applicants shall submit a full set of
fingerprints to the 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 licensing officer.
(c) If
a person who wishes to operate an adult-oriented business is an individual,
that individual must be listed in the application for the license as applicant
and also as the licensee. If a person
who wishes to operate an adult-oriented business is a legal entity other than an
individual, each officer or general partner of the entity, and any other
individual who will participate directly in decisions relating to management of
the adult-oriented business, must be listed in the application as an applicant. Each applicant shall provide his photograph
and fingerprints as provided in subsections (a) and (b) above and shall provide
under oath the information called for in paragraphs (4) through (8) of
subsection (d) below as it applies to each such applicant.
(d) The
application shall be deemed complete if it contains the following information:
(1) The name, premises address, business
mailing address if different from the premises address, and phone number of the
proposed adult-oriented business;
(2) The name, address and phone number of the
designated applicant;
(3) Where the person seeking to operate the
adult-oriented business is other than an individual, the state and date of
formation of the business;
(4) Each applicant's full true name and any
other names, aliases or stage names used in the preceding five (5) years;
(5) Each applicant's current residential
mailing address and telephone number.
This information shall be supplemented in writing to the licensing
officer by letter postmarked not later than ten (10) days after any change in
this information;
(6) Written proof of each applicant's age, in
the form of either a current driver’s license with picture or other picture
identification document issued by a governmental agency;
(7) The issuing jurisdiction and the effective
date of any license relating to the operation of an adult-oriented business or
relating to the provision of any adult services which is held or has been held
at any time by any applicant or by the designated licensee, whether any such license
has been revoked or suspended, and the reason or reasons therefor;
(8) If less than five (5) years has elapsed
since the date of the last conviction, or the date of release from confinement
for the last conviction, whichever is later, of any applicant or of the
licensee for a sexual offense described in A.R.S. § 13‑1401 through
§ 13-1416, a racketeering offense as defined in A.R.S. § 13‑2301.D.4,
an extortion offense as defined in A.R.S. § 13-1804, a money laundering
offense as defined in A.R.S. § 13-2317, a prostitution offense described
in A.R.S. § 13-3201 through § 13-3214, a drug offense described in A.R.S. §
13-3401 through § 13‑3416, or a sexual exploitation of children
offense described in A.R.S. § 13-3551 through § 13-3556, or incest and other
offenses against minors described in A.R.S. § 13-3608, A.R.S.
§ 13-3612 through § 13‑3618 and A.R.S. § 13-3619, or for
facilitation, attempt, conspiracy or solicitation to commit any of the
foregoing offenses, or any conviction in another
jurisdiction for conduct which if carried
out in
(9) The name and address of the statutory agent
or other agent authorized to receive service of process;
(10) The name(s) of the adult-oriented business
manager(s) who will have actual supervisory authority over the operation of the
business. This information shall be
supplemented in writing to the licensing officer by letter postmarked not later
than ten (10) days after any change in this information;
(11) An accurate, to scale floor plan or diagram
of the business premises clearly showing the configuration of the premises,
including a statement of total floor space occupied by the business, the place
at which the license will be conspicuously posted, if granted, the location of
all manager's stations and overhead lighting fixtures, and clearly designating
all portions of the premises in which patrons will not be permitted. Each diagram should be oriented to the north
or to some designated street or object and shall be drawn to a designated scale
or with marked dimensions sufficient to show the various internal dimensions of
all areas of the interior of the premises to an accuracy of plus or minus six
inches. The licensing officer may waive
the foregoing diagram for renewal applications if the applicant adopts a
diagram that was previously submitted and certifies that the configuration of
the premises has not been altered since it was prepared;
(12) A certification that the adult-oriented business does not violate
the locational requirements of § 16A-133 of this code; and
(13) Any additional information or documentation as may be requested by
the licensing officer to process the application.
(Ord.
No. 95.49, 12-14-95; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord.
No. 2001.18, 7-26-01; Ord. No. 2002.25, 8-1-02; Ord. No. 2007.07, 2-1-07)
Sec. 16A-118. Adult-oriented business manager license.
(a) A
person may not serve as an adult-oriented business manager unless the person
has first secured an adult-oriented business manager license under this
article.
(b) Application
for an adult-oriented business manager license shall be made in the same manner
as an application for a adult-oriented business license, except that the
applicant need provide only the information called for in paragraphs (4)
through (8) of § 16A-117(d), along with current photograph, fingerprints and
payment of all fees.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-119. Adult service provider license.
(a) A
person may not work as an adult service provider in the city unless the person
has first obtained an adult service provider license under this article.
(b) Application
for an adult service provider license shall be made in the same manner as an
application for an adult-oriented business license, except that the applicant
need provide only the information called for in paragraphs (4) through (8) of §
16A-117(d), along with current photograph, fingerprints, and payment of all
fees.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-120. Adult service provider or manager work
identification card.
When a license is granted, the licensing
officer shall provide to the adult service provider or adult-oriented business
manager a work identification card. The
card shall contain the name of the licensee, a photograph of the licensee, the
number of the license issued to that licensee and the year for which the license
has been issued.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-121. Adult service business - operating
requirements.
An adult service business shall be
provided in accordance with the following regulations. Knowing failure of a licensee or manager to
insure compliance with the regulations on the premises is a violation of this
article by the licensee or manager:
(1) A person employed or acting as an adult
service provider or manager shall have a valid license issued pursuant to the
provisions of this article. A license
for each manager or service provider shall be displayed on the premises at all
times. Such licenses shall be available for
inspection upon request by a law enforcement officer or other authorized city
official;
(2) An adult service business shall maintain a
daily log of all persons providing adult services on the premises. The log shall cover the preceding twelve (12)
month period and shall be available for inspection upon request by a law
enforcement officer or other authorized city official;
(3)
A person under the age of eighteen
(18) years may not observe or provide an adult service;
(4) A person may not provide an adult service
in an adult service business except upon a stage elevated at least eighteen
(18) inches above floor level. All parts
of the stage, or a clearly designated area thereof within which the adult
service is provided, shall be a distance of at least three (3) feet from all
parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be
separated from the area in which patrons may be located by a solid barrier or
railing the top of which is at least three (3) feet in height. A provider or patron may not extend any part
of his body over or beyond the barrier or railing;
(5) An adult service provider, in the course of
providing an adult service, may not perform or simulate any specified sexual
activities;
(6) Adult services may not be provided between
the hours of 1:30 a.m. and
(7) An adult service may not be provided in any
location which is not visible by direct line of sight at all times from a
manager's station located in a portion of the premises which is accessible to
patrons of the adult service business;
(8) An adult service shall not be provided in
any location or area of a premises so as to be visible or viewable from a
public right of way;
(9) An adult service provider shall wear his
adult service identification card at all times while on the premises except
while providing an adult service. The
card shall be affixed to clothing on the front of the person and above waist
level so that the picture and license number are clearly visible to patrons;
(10) An adult-oriented business manager shall be
on the premises of an adult service business at all times during which any
adult service is provided on the premises. The manager shall wear his identification card at all times while on the premises. The card shall be affixed to clothing on the
front of the person and above waist level so that the picture and license
number are clearly visible to patrons;
(11) An employee may not touch the breast,
buttocks, or genitals of a patron, nor may a patron touch the breast, buttocks,
or genitals of an employee;
(12) A sign, in a form prescribed by the licensing
officer summarizing the provisions of paragraphs (3), (4), and (11) of this
section shall be posted near the entrance of an adult service business in such
a manner as to be clearly visible to patrons upon entry;
(13) With respect to a cabaret, the requirements
of this section shall apply to the extent that they are not in conflict with
specific statutory or valid regulatory requirements applicable to persons
licensed to dispense alcoholic beverages; and
(14) The adult-oriented business shall comply with
the operational requirements of the Zoning and Development Code.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2004.42, 1-20-05; Ord. No. 2007.07, 2-1-07)
Sec. 16A-122. Adult video facility - operating
requirements.
(a) An
adult video facility shall be operated in accordance with the following
regulations. Knowing failure of a
licensee or a manager to insure compliance with the regulations on the premises
is a violation of this article by the licensee or manager.
(1) The premises shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access at an illumination of not less than one
footcandle, as measured at the floor level;
(2) The premises shall be configured in such a
way that a patron, whether sitting or standing, is visible below the waist by
direct line of sight from a manager's station at all times during which the
patron is viewing video material or other visual media material characterized
by depiction of specified anatomical areas or specified sexual activities. No more than one patron may occupy a
partitioned portion, booth, stall or viewing room at the same time. The manager's station shall be located in a
portion of the premises accessible to patrons and shall not exceed thirty-two
(32) square feet of floor area. If the
premises has two (2) or more manager's stations designated, then the interior
of the premises shall be configured in such a manner that there is an
unobstructed view of each area of the premises to which any patron is permitted
access for any purpose from at least one of the manager's stations. The view required in this paragraph must be
an unobstructed view from the manager's station. It is the duty of the licensee or manager to
ensure that at least one employee is on duty and situated in each manager's
station at all times that any patron is on the premises;
(3)
An adult-oriented business manager
shall be on the premises of an adult video facility at all times that the
facility is open for business. The
manager shall wear his identification card in the manner described in § 16A-121(10)
above; and
(4) The adult video facility shall comply with
the operational requirements of the Zoning and Development Code.
(Ord.
No. 95.49, 12-14-95 Ord. No. 2004.42, 1-20-05; Ord. No. 2007.07, 2-1-07)
Sec. 16A-123. Inspection of premises and records.
The manager of an adult-oriented
business shall maintain on the premises business records reflecting all
receipts and expenditures with respect to the business for the preceding two
(2) years. Law enforcement or other
authorized officers or employees of the city shall be granted entry to inspect
the premises and business records of any adult-oriented business at any time it
is occupied or open for business. It is
an offense and grounds for suspension or revocation for a licensee, employee or
agent to refuse to permit an inspection as provided herein, in addition to the
penalty provisions of § 16A-134.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-124. Non-transferability of license.
Licenses issued under this article are
not transferable. A licensee shall not
conduct a different classification of an adult-oriented business than that
designated on the license or conduct an adult-oriented business at any place
other than the address designated on the license. No adult-oriented business shall be conducted
under any name or under any designation or classification not specified on the
license for that business.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-125. Grant or denial of license.
(a) Within
sixty (60) days after the complete application for an adult-oriented business
license is filed with the city, the licensing officer shall mail to the
applicant a license or notice of license denial.
(b) Upon
the filing of an application for an adult-oriented business manager license or
an adult service provider license, the licensing officer shall issue to the
applicant a temporary license. Within sixty (60) days after issuance of a
temporary license, the licensing officer shall mail to the applicant a license
or a notice of license denial.
(c) The
issuance of any license does not waive any right of revocation the city may
have.
(d) The
licensing officer shall grant the license if all requirements for the
application have been completed, unless the licensing officer finds any of the
following conditions exist with respect to any applicant listed in the
application:
(1) The applicant is under eighteen (18) years
of age;
(2) The applicant must submit a signed
individual application that stipulates that omission or falsification of
information is sufficient grounds for denial of the application or later
revocation in addition to other remedies authorized by law;
(3) The
applicant is a corporation which is not qualified to transact business in this
state;
(4) The applicant, the applicant's spouse, or
the licensee is delinquent in payment to the city of taxes, fees, fines, or
penalties assessed against or imposed upon the applicant, the applicant's
spouse, or the licensee in relation to an adult-oriented business or arising
out of any other business activity owned or operated by the applicant, the
applicant's spouse, or the licensee and licensed by the city;
(5) The applicant or the licensee has failed to
comply with or is in violation of applicable provisions of the zoning
ordinances, or the building codes, or land use or other ordinances and
regulations of the city, county, state or federal government relating to the
business or activity to be conducted under the license, or the adult-oriented
business violates the locational requirements of § 16A-133 of this article;
(6) Within the past two (2) years, the
applicant or the licensee has had a license under this article revoked, or a
similar license or permit in another jurisdiction has been revoked on the basis
of conduct which would be grounds for revocation of a license issued under this
article if committed in the city. The
fact that the revocation is being appealed at the time of the decision on this
application shall have no effect;
(7) The applicant or the licensee in the past
five (5) years has been convicted of a felony violation or two (2) misdemeanor
violations of one or more offenses in the categories stated in
§ 16A-117(d)(8). The fact that a
conviction is being appealed shall have no effect; or
(8) The applicant or the licensee has committed
an act in violation of 18 U.S.C. § 2257 within the past two (2) years.
(e) The licensing
officer may deny an application for any reason pursuant to this article or for
any violations pertaining to city, county, state and federal requirements.
(f) Licenses shall
not be issued until the applicant has complied with city, county, state and
federal law.
(Ord.
No. 95.49,
Sec. 16A-126. Suspension.
The licensing officer shall suspend a
license for a period of thirty (30) days if the licensing officer determines
that a licensee or employee has violated any provision of this article.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-127. Revocation of license.
(a) The
licensing officer shall revoke a license issued pursuant to this article if the
licensee:
(1) Is convicted of three (3) or more
violations of this article in any twelve (12) month period;
(2) Is convicted of any crime or crimes on the
basis of which a license may be denied under § 16A-125(d)(7);
(3) Gave false or misleading information in the
application;
(4) Has knowingly operated or worked in the
adult-oriented business during a period of time when the license was suspended;
(5) Is delinquent in payment to the city of
taxes or fees related to the adult-oriented business or arising out of any
other business activity owned or operated by the licensee and licensed by the
city; or
(6) Has committed an act in violation of 18
U.S.C. § 2257.
(b)
The fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(Ord.
No. 95.49,
Sec. 16A-128. Procedure for denial, revocation or
suspension.
Applicants or licensees that wish to
appeal the denial, revocation or suspension of a license are required to file
such appeal to the hearing officer as follows:
(1) If the licensing officer determines that
grounds exist to deny, suspend, or revoke an application or license, the licensing
officer shall notify the applicant or licensee in writing of the denial,
revocation or suspension, which notice shall include a summary of the grounds
therefor. The notice shall be sent by certified
mail to the address of the applicant or licensee listed in the current year’s
license application or renewal application, and the effective date of notice
shall be the date the notice is actually received or five (5) business days
after the date the notice is mailed, whichever occurs first.
(2) Within
ten (10) business days after the effective date of notice, the respondent may
provide to the licensing officer in writing a response which shall include a
statement of reasons why the license or any renewal thereof, should not be
denied, suspended, or revoked and which may include a request for a
hearing. If a response is not received
by the licensing officer in the time stated, the denial, suspension or
revocation shall be final and notice thereof shall be sent to the applicant or licensee
by certified mail; and
(3) Within seven (7) business days after
receipt of a response, the licensing officer shall schedule a hearing before
the hearing officer as designated by the finance and technology director. The respondent shall be notified in writing
by certified mail of the date, time and place of the hearing. The hearing shall be scheduled not less than
fifteen (15) no more than thirty (30) days after receipt by the licensing
officer of the request for a hearing.
The hearing shall be conducted in an informal manner. The respondent may be represented by
counsel. The rules of evidence will not
apply. The hearing officer shall render
a written decision within five (5) business days after completion of the
hearing and shall mail a copy of the decision by certified mail to the address
of the respondent listed in the current year's application. In the case of a decision to deny, revoke or suspend
a license, the licensee may continue to function under the license pending
receipt of the final decision of the hearing officer. The decision shall be deemed final five (5) business
days after it is mailed and shall constitute final administrative action.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07; Ord. No. 2001.17, 7-26-01; Ord.
No. 2010.02, 2-4-10)
Sec. 16A-129. Judicial appeal.
(a) After
applicant has been denied and all administrative remedies have been exhausted, the
applicant may file in the superior court, by special action or other available
procedure, an appeal challenging the validity of the denial.
(b) In
the event that a license is revoked or suspended, and all administrative
remedies have been exhausted, the licensee may file in the superior court, by
special action or other available procedure, an appeal challenging the validity
of the suspension or revocation.
(Ord.
No. 95.49,
Sec. 16A-130. Repealed.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-131. Application and license renewal fees.
(a) The
initial application shall be submitted with a nonrefundable application and
photograph fee plus the annual license fee in the amount established by city
council (see Appendix A).
(b) The
annual renewal application shall be submitted with a nonrefundable renewal
application fee plus the annual license fee in the amounts established by city
council (see Appendix A).
(c) The
annual license fee shall be refunded upon denial of the license.
(d) Any
person who fails to renew an adult business license, adult manager license or
adult service provider license by December 31 of any year and who conducts
activity covered by such license after such date shall be deemed operating
without a license, and shall be subject to the late renewal penalty fee
established by city council (see Appendix A), in addition to the penalty
provisions of § 16A-134.
(e) Renewal
applications not received prior to January 31, of any year will result in the
termination of such license.
(f) Terminated
licenses are not renewable and require a new application.
(g) All
fees, including penalty fees, must be paid in full prior to license issuance.
(Ord. No. 95.49, 12-14-95; Ord. No. 2007.07,
2-1-07)
Sec. 16A-132. Other regulations applicable.
A license required by this article is
in addition to any other licenses or permits required by the city, county, state,
or federal government to engage in the business or occupation. Persons engaging in activities described in
this article, including the operation of an adult-oriented business, shall
comply with all other ordinances and laws, including the Zoning and Development
Code, as may be required, to engage in the business or occupation.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2007.07, 2-1-07)
Sec. 16A-133. Location requirements.
(a) Adult-oriented businesses are allowed in
the GID and HID zoning districts. No
adult-oriented business shall be operated or maintained within one thousand
three hundred twenty (1,320) feet from the defined provisions located in
paragraphs (1) through (7) below.
Measurements shall be made in a straight line in all directions, without
regard to intervening structures or objects, from the nearest point on the
property line of a parcel containing an adult-oriented business to the nearest
point on the property line of a parcel containing the following:
(1) Another adult-oriented business;
(2) Child care facility;
(3) Public, private or charter school;
(4) A church synagogue, temple or similar
religious worship building;
(5) A library, a public playground, a public
community building, a public recreational facility, or a private recreational
facility where minors are permitted;
(6) An establishment having an
(7) A residential district or the property line
of a lot devoted to a residential use in any zoning district.
(b) Any
adult-oriented business that fails to comply with this section but which was
lawfully operating before this article took effect shall not be deemed to be in
violation of this article. However, such
business will not be permitted to be increased, enlarged, extended or altered
except the business may be changed so as to fully comply with this
article. An adult-oriented business
lawfully operating is not rendered in violation of this article by the
location, subsequent to the grant or renewal of the license herein, of any of
the premises identified in subsection (a) above.
(Ord.
No. 95.49, 12-14-95; Ord. No. 2004.42, 1-20-05; Ord. No. 2007.07, 2-1-07)
State law reference – A.R.S. § 13-1422.
Sec. 16A-134. Penalty.
Violation of any requirement or
prohibition stated in this article is a class 1 misdemeanor, punishable upon
conviction as provided in § 1-7 of this code.
With respect to a violation that is continuous in nature, each day that
the violation continues shall constitute a separate offense.
(Ord.
No. 95.49,
Sec. 16A-135. Injunction.
The operation of an adult-oriented
business without a valid license in violation of this article shall constitute
a nuisance and any person who operates or causes to be operated such business
shall be subject to a suit for injunctive relief as well as prosecution for
criminal violations.
(Ord.
No. 95.49,
Secs. 16A-136—16A-139. Reserved.
ARTICLE
VII. TEEN DANCE HALLS5
Sec. 16A-140. Definitions.
For the purpose of this article, the
following terms shall have the meanings respectively ascribed to them in this
section unless the context clearly requires otherwise:
(1) Teen
dance activity means social dancing by person(s) under twenty-one (21)
years of age unaccompanied by a parent or guardian at which an admission or
minimum fee is charged.
(2) Teen
dance hall means any place or establishment where a teen dance activity
takes place or is provided. The term
includes the building or pavilion or other place where the teen dancing
activity takes place, together with all surrounding premises used for parking
or surrounding premises used for any other purpose relating to the teen dancing
activity.
(3) Licensing
officer means the director of the finance and technology department of the
city or his designee.
(4) Owner
means the owner of record, as shown by the records in the office of the
(5) Business owner means any legal owner of
a teen dance hall or teen dance activity.
(6) Person
means any individual, firm, corporation, partnership, company, association,
business trust, government entity, and any other form of multiple organization.
(Ord.
No. 95.36,
Sec. 16A-141. Applicability, provisions cumulative.
(a) The
provisions of this article shall apply to all teen dance activities or teen
dance halls and persons as defined herein, whether such activities were
commenced before, on or after the effective date of this article.
(b) The
provisions of this article shall be in addition to any other regulations,
privilege or license taxes or permit requirements required by the city, the
state or other applicable agency and cumulative to any other applicable
regulations, procedures or penalties.
(c) The
provisions of this article shall not apply to any teen dance activity or teen
dance hall conducted by a religious or governmental organization, or by a
nonprofit organization with an IRS 501(c)(3) status or other nonprofit,
eleemosynary or charitable designation approved by the licensing officer, when
the activity or dance hall is conducted on the premises of or sponsored by the
religious, governmental or nonprofit organization.
(Ord.
No. 95.36,
Sec. 16A-142. License required.
(a) It
is unlawful for any person to own, manage, operate or provide a teen dance hall
or conduct a teen dance activity without first obtaining and maintaining in
effect a teen dance hall license as required by this article.
(b) It
is unlawful for any person licensed as provided in this article to operate
under any name or conduct business under any designation not specified in the
license.
(Ord.
No. 95.36,
Sec. 16A-143. Application.
(a) Any
person desiring to obtain a teen dance hall license shall make application to
the licensing officer who shall refer such application to the chief of police
and community development director and any other interested department for
appropriate investigation. The
application shall be in such form as prescribed by the licensing officer and
shall be fully completed before processing by the licensing officer. The application must be submitted at least
forty-five (45) days prior to the proposed date of any teen dance activity.
(b) The
application shall include a description of the proposed teen dance activity and
shall include, but not be limited to, the following information set forth in
this subsection. Paragraphs (1) through
(9) below are required to be completed about the applicant, the business owner,
the licensee if not the applicant or the business owner and the agent
responsible for managing the premises on a day to day basis (hereinafter
"managing agent"):
(1) Full legal name and any name by which the person is or has been
known;
(2) Current home address and telephone number
and addresses over the past five (5) years;
(3) Driver's license number or State of
(4) Birth date, height, weight, hair and eye
color;
(5) Business occupation and employment history for five (5) years;
(6) License history, including issuance,
revocation, suspension or termination of any current or past state or city
licenses, any liquor license number and managing agent; permits; professional
or business license;
(7) The applicants and agents 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 finance and technology director
or designee.
(8) Listing of any prior felony or misdemeanor
convictions except minor traffic violations;
(9) Documentation
of age over eighteen (18) years;
(10) Designation of the managing agent who will be
managing or operating the teen dance hall at the indicated location and proof
of the managing agent's authorization to act on behalf of any corporation or
organization;
(11) Name, address and telephone number of any
other local agent authorized to conduct daily business and proof of authority
to act on behalf of the prospective licensee;
(12) Name, address and telephone of statutory
agent in
(13) Except for corporations listed on the major
stock exchanges, the names and addresses of all persons financially interested
in the business. If a person financially
interested in the business of the prospective licensee is a corporation, the
names and addresses of all persons financially interested in that corporation
shall be provided;
(14) A plan of operation, program plan and
security plan to ensure compliance with § 16A-145 and applicable provisions of
this article;
(15) Evidence of current, valid privilege license issued by the city;
(16) Evidence of current, valid use permit or any
other applicable zoning approval for the proposed activity issued by the city;
(17) Legal description and location of the
premises and lot where the proposed activity will take place, submitted on a
map drawn to scale, at least eight and one-half (8˝) by eleven (11) inches,
showing the dimensions of the property and the name and width of all internal
and abutting streets, roads or alleys, any existing buildings, fences and
easements, with distances to property lines;
(18) Floor plan containing an accurate drawing to
scale depicting the interior plan and layout of the premises;
(19) A vicinity ownership map showing and
labelling all lots within one hundred fifty (150) feet of the exterior
boundaries of the lot on which the establishment is located. The one hundred fifty (150) foot measurement
shall exclude any public property or public rights-of-way;
(20) A vicinity ownership list, and mailing labels
properly addressed, containing names and mailing addresses, with correct zip
codes, of owners of all parcels required to be shown on the vicinity ownership
map. The owners shall be as shown on the
last assessment of the property by the county;
(21) A complex/center/building tenant list, and
mailing labels properly addressed, containing names and mailing addresses, with
correct zip codes, of tenants which share the site or building with the
proposed licensee as to use of common points of ingress and egress or common
parking areas or facilities; and
(22) Such other information as may be requested by
the licensing officer to determine the truth of the information required to be
set forth above.
(c) Any
change in ownership of the business or in the information required to be
provided in paragraphs (1), (10), (11), (12), (13) or (18) above shall be
reported to the licensing officer within ten (10) calendar days after the
change. Such changes shall be subject
to investigation and approval by the city as provided in subsection (e) hereof
and, if disapproved, the disapproval shall be grounds for termination of the
license as provided in § 16A-151 of this code.
The requirement for reporting changes as required herein is effective at
all times during the city's consideration of the application and at all times
when a license issued hereunder is in effect.
All other information set out above must be updated at the time of the
renewal of the license.
(d) Any
change in the plan of operation or security plan in paragraph (14) above must
be approved by the city prior to the change becoming effective. Failure to comply with an approved plan of
operation, program plan or security plan shall constitute grounds for
termination of the license as provided in § 16A-151.
(e) The
police department shall conduct an investigation of the application and
background of the applicant and proposed licensee. Based on such investigation, the police
department shall recommend to the licensing officer the approval or denial of
the license. In addition, the community development
department and fire department, and any other affected department, may inspect
any premises proposed as the site of the establishment and may make separate
recommendations to the licensing officer concerning compliance with the
provisions of this article and applicable codes. The licensing officer shall make a
recommendation as to issuance or denial of the license, including any
conditions recommended or applicable to the license or licensee, and transmit
the recommendation to the city council.
(Ord.
No. 95.36, 12-21-95; Ord. No. 97.20, 4-10-97; Ord. No. 2001.17, 7-26-01; Ord.
No. 2002.25, 8-1-02; Ord. No. 2010.02, 2-4-10)
Sec. 16A-144. Application fee and license fee.
(a) The
application shall be accompanied by a nonrefundable application fee in the
amount set by council by motion or resolution, and the license fee as required
herein.
(b) The
license fee shall be set by council by motion or resolution for each day that a
teen activity takes places and for annual license. The annual license fee for an initial license
may be pro-rated to one-half (1/2) the amount required herein if the proposed
licensee will be open for business only during the last half of the calendar
year, that is, after July 1.
(Ord.
No. 95.36,
Sec.
16A-145. Requirements for operation of
establishment, plan of operation, program plan and security plan required.
(a) A
teen dance hall shall comply with this article and all applicable city and
state laws and ordinances, including but not limited to fire and building and
zoning codes. In addition, the following requirements apply:
(1) No teen dance hall may be open and no teen
dance activity may be conducted on any day after
(2) Patrons over twenty (20) years of age or
under fifteen (15) years of age are prohibited at a teen dance activity or in a
teen dance hall;
(3) Written proof of identification shall be
required for admission to a teen dance hall to ensure compliance with paragraph
(2) of this section. The following
written instruments are the only acceptable types of identification:
a. An unexpired driver's license issued by
any state, provided such license includes a picture of the licensee;
b. An identification license issued pursuant
to state law;
c. An armed forces identification card;
d. A valid unexpired passport issued by a
government which contains a photograph of the person and the date of birth;
e. An unexpired identification card issued by
a public or private school or educational institution which contains a date of
birth and photograph;
(4) No person shall be admitted to, nor shall
any person be allowed to remain on, the licensed premises who is or appears to
be under the influence of spirituous liquor or drugs or who is disturbing the
peace;
(5) No spirituous liquor may be furnished,
sold, served, displayed, visible or consumed at a teen dance hall during the
hours that the teen dance activity is conducted. If the teen dance hall licensee holds a
liquor license from the state, spirituous liquor service, display and
consumption must terminate during the hours that the teen dance activity is
conducted;
(6) No person shall smoke, as defined in §
22-41 of this code, nor shall tobacco in any form be consumed or possessed by a
minor, nor dispensed, displayed or visible to any minor, at a teen dance hall
during the hours that a teen dance activity is conducted;
(7) Admittance
and any admittance lines for entry to the teen dance hall shall be closed at
(8) Any parking used by patrons of the
licensee, any parking area of the licensee, and any parking area within three
hundred (300) feet of the licensed premises shall be supervised by the licensee
to ensure that the parking areas are used by persons entering and exiting from
their vehicles and are not used as a gathering place, or for consumption or
illegal possession of spirituous liquor or tobacco, and conform with the
security plan approved by the city;
(9) A plan of operation which demonstrates how
the licensee will ensure compliance with these regulations shall accompany the
application and is subject to approval by the city. Any change in the plan of operation shall be
submitted to the city at least ten (10) days prior to the proposed change
becoming effective and must be approved by the city prior to becoming
effective;
(10) A program plan shall be provided to the city
prior to issuance of the license. The
program plan shall include a calendar of regular and special teen events, programs
or concerts for the upcoming period, including target audience or market,
expected attendance, entertainment and format, and security plan
modifications. Security plan
modifications must be approved by the police department. Any changes occurring after submission of the
program plan shall be submitted to the police department at least fifteen (15)
days prior to the proposed program or change taking effect and shall be
accompanied by proposed amendments or additions to the security plan;
(11) A security plan, including security staffing
and qualifications, lighting, landscaping, building and parking security and
other aspects sufficient to address interior and exterior safety of patrons and
the public, and any other items requested by the police department or licensing
officer, shall be submitted for approval by the police department prior to
issuance of a license. Any change in the
security plan after submission or after approval shall be submitted ten (10)
days prior to the proposed change becoming effective and must be approved by
the police department prior to becoming effective; and
(12) Other regulations and conditions may be
required for a licensee or for all licensees generally as the council deems
desirable.
(b) A
copy of the plan of operation, program plan and security plan shall be
available at the teen dance hall for inspection by the city during business
hours and at other reasonable times. The
plans shall include such information as required by the licensing officer,
including identification of employees, agents or private contractors who are
responsible for security and ensuring compliance with the terms of this
article.
(Ord.
No. 95.36,
Sec. 16A-146. Grounds for denial.
The following include, but are not
limited to, grounds for denial of an application for teen dance hall license:
(1) The applicant, or proposed conduct of the
teen dance activity, fails to meet the requirements of this article or any
applicable provision of this code or law;
(2) The applicant or conduct of the proposed
teen dance activity will not conform or comply with laws and regulations;
(3) The applicant does not have an acceptable
plan for compliance with § 16A-145 of this article on requirements for
operation;
(4) The applicant is a corporation or entity
which is not qualified to transact business in
(5) Misrepresentations or material
misstatements are made in the application;
(6) Harm to the public health, safety or
welfare of the community, or clear or present danger of serious damage or
danger to the public, would result from granting the license; or
(7) A business owner, or a managing agent, an
applicant, other managing employee or a controlling person in the business to
be licensed has been convicted of:
a. a felony; or
b. a misdemeanor which relates to the activity to be licensed,
or
has, within two (2) years preceding the date of the issuance of a license,
violated any of the provisions of this article or the city code while
conducting a teen dance hall or teen dance activity.
(Ord.
No. 95.36,
Sec. 16A-147. Public hearing on license, notice.
(a) The
city council shall hold a public hearing on the application.
(b) Notice
of the hearing shall be given at least fifteen (15) days prior to the hearing
in the following manner:
(1) Notice shall be published at least once in
a newspaper of general circulation in the city;
(2) Notice shall be posted on the affected
property in such a manner as to be legible from the public right-of-way; and
(3) Notice
shall be mailed by first class mail to each owner and tenant as provided in
paragraphs (20) and (21) of § 16A-143.
(c) At
the public hearing, the council may adopt the recommendation of the licensing
officer or may render any other decision, including but not limited to
conditions applicable to the licensee.
(Ord.
No. 95.36,
Sec. 16A-148. Display of license, lost or destroyed
license.
A licensee shall display such license
in a conspicuous place in the teen dance hall.
If a license is destroyed, lost or defaced, the licensee shall be
entitled to a replacement license for a fee set by the licensing officer.
(Ord.
No. 95.36,
Sec. 16A-149. Transferability, automatic termination of
license.
(a) Licenses
issued hereunder are not transferable.
(b) The
following shall result in automatic termination of a teen dance hall license:
(1) Any change in location of a licensed teen
dance hall;
(2) Any sale or transfer of any interest in the
teen dance hall; or
(3) Upon the revocation or termination of any
use permit or other zoning approval issued by the city relating to the teen
dance hall or activity.
(c) A
new application may be made by the person whose license is terminated as
provided in this section, or by another person desiring to own or operate a
teen dance hall.
(Ord.
No. 95.36,
Sec. 16A-150. Renewal, appeals from denial.
(a) Annually,
at least thirty (30) days prior to the first day of January of each year, a
licensed teen dance hall shall apply to the licensing officer for renewal of
the teen dance hall license.
Application shall be made and reviewed as an original application except
that:
(1) No application fee is payable on a renewal
application; and
(2) Public hearing and notice as required in §
16A-147 shall be conducted only if required by the licensing officer.
(b) Appeals
from the denial of a renewal license application may be taken to the city
council by filing a written notice of appeal with the city clerk within seven
(7) calendar days after the date of the decision of the licensing officer
denying the renewal license. The city
council may affirm, deny, modify or otherwise amend the decision of the
licensing officer. The city council's
decision is final.
(Ord.
No. 95.36,
Section 16A-151. Grounds for termination, hearing.
(a) In
addition to the automatic termination of a license as provided in this article,
the license may be revoked, suspended or denied renewal for any one or more of
the following grounds:
(1) The licensee is guilty of fraud in
conducting the business or deceit in obtaining a license to conduct the
business;
(2) The licensee has been convicted in a court
of competent jurisdiction of a felony or of any misdemeanor which relates to the
licensed activity;
(3) The licensee is guilty of untrue, fraudulent, misleading or
deceptive advertising;
(4) The licensee is grossly ignorant of or
guilty of wilful negligence in the business of the teen dance hall;
(5) The licensee has violated any of the
provisions of §§ 16A-143, 16A-145 or 16A-153 of this article, or § 22-8 of this
code on juvenile curfew, or any other provision of this article or the city
code;
(6) The licensee fails to comply with the terms
of the plan of operation, program plan or security plan as approved by the
city;
(7) There occurs on the premises repeated acts of violence or
disorderly conduct;
(8) The licensee or any employee or managing
agent thereof fails or refuses to make the premises or records available for
inspections and examination as provided in this article;
(9) The licensee knowingly files an application
or other document with material information which is false or misleading or
knowingly gives testimony in an investigation or other proceeding which is
false or misleading;
(10) The licensee is delinquent for more than
ninety (90) days in the payment of any applicable taxes to the city;
(11) The licensee fails to take reasonable steps
to protect the safety of a customer of the licensee entering, leaving or
remaining on the licensed premises when the licensee knew or should have known
of the danger to such person, or the licensee fails to take reasonable steps to
intervene by notifying law enforcement officials or otherwise to prevent or break
up an act of violence or an altercation occurring on the licensed premises or
immediately adjacent to the premises when the licensee knew or reasonably
should have known of such acts of violation or altercations;
(12) The licensee, his managing agent, or other
managing employee knowingly associates with a person who has engaged in
racketeering, as defined in A.R.S. § 13-2301, or has been convicted of a
felony and the association is of such anature to create a reasonable risk that
the licensee will fail to conform to the requirements of this article or any
criminal statute of this state; or
(13) Any enlargement or expansion of the premises
of the teen dance hall or activity occurs without appropriate approvals from
the city.
(b) To
suspend or revoke a license, the licensing officer shall deliver or mail by
certified mail to the business address as shown by the license application, or
to the last reported business address shown in a renewal or other report, a
written notice that such license is suspended or revoked. The reason for the suspension or revocation
shall be set forth in the notice and the provisions of subsection (c) hereof on
hearing and appeal rights. A suspended
or revoked license shall be surrendered
to the licensing officer on demand.
(c) The
licensing officer shall grant on demand to any licensee whose license has been
revoked or suspended a full hearing on the merits of such suspension or
revocation. Appeal of the licensing
officer's decision to the city council shall be made within seven (7) calendar
days after the receipt of the licensing officer's notice of suspension or
revocation, and failure to demand a hearing within such time will constitute
full waiver. The decision of the council
is final.
(Ord.
No. 95.36,
Sec. 16A-152. Application after denial or termination.
No person may apply for a teen dance
hall license within one year from:
(1) The
denial of any such license to the applicant; or
(2) The
suspension, revocation, termination or non-renewal of such license
unless
the cause of the denial, suspension, termination, revocation or nonrenewal has
been, to the satisfaction of the licensing officer, removed in such time.
(Ord.
No. 95.36,
Sec. 16A-153. Unlawful activities.
It is unlawful for any person or
licensee at a teen dance hall to:
(1) Operate without any required city or state
license or permit or in violation of any applicable city or state law or
ordinance;
(2) Admit persons over twenty (20) years of age
or under fifteen (15) years of age;
(3) Allow an intoxicated or disorderly person
to come into or remain on the licensed premises;
(4) Knowingly permit unlawful possession, use,
or sale of narcotics, dangerous drugs or marijuana;
(5) Knowingly permit prostitution or solicitation
of prostitution;
(6) Knowingly
permit unlawful gambling on the premises;
(7) Knowingly permit trafficking in stolen
property;
(8) Fail or refuse to make the premises or
records, or the plans required in § 16A-145, available for inspection as provided
in this article; or
(9) Employ or permit a person to be employed on
a salary, contract or commission basis for the purpose of dancing with patrons,
except that this shall not apply to bona
fide instructors of dancing regularly employed for the exclusive purpose of
giving bona fide instructions for dancing.
(Ord.
No. 95.36,
Sec. 16A-154. Investigation to determine violation,
requests for investigation.
The police chief or the licensing
officer or any of their agents may enter in a lawful manner the premises of a
teen dance hall or where a teen dance activity takes place and may attend,
witness, visit and investigate any and all of the teen dance activities or teen
dance hall and any other activities therein and thereon. In addition, the police
chief or the licensing officer or their agents may inspect in a lawful manner
the teen dance hall or the buildings and premises in which teen dance
activities are carried on to determine whether or not there exist any
violations of this article or the city code.
The police chief or licensing officer may request any other department
of the city to make an investigation to determine whether or not the teen dance
hall or activity is being operated in compliance with this article and
ordinances of the city.
(Ord.
No. 95.36,
Sec. 16A-155. Penalty.
(a) A
violation of this article is an offense, punishable as provided in § 1-7 of
this code. Each day on which a violation
continues shall be a separate offense.
(b) In
addition to the punishments provided in this section, a violation of this
article is grounds for revocation of the license as provided in § 16A-151.
(Ord.
No. 95.36,
Secs. 16A-156—16A-159. Reserved.
ARTICLE
VIII. MASSAGE ESTABLISHMENTS
Sec. 16A-160.
Definitions.
The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Applicant
means a person or persons who have applied for a massage establishment license.
Chair
massage
means a massage administered by a clothed massage therapist to the scalp, face,
neck, shoulder, back area (above the waist), arm, hand, knee, leg (below the
knee), ankle, or foot of another person, who is clothed, utilizing a massage
chair.
Client means an
individual who enters into an agreement for massage techniques for compensation
of any kind within the city.
Clothed means fabric
which is opaque and which completely covers a person from the base of the neck
down to a point not to exceed four (4) inches above the center of the knee
cap. Paint does not meet the definition
of clothed.
Event
massage means
any event whereby the city has issued a special event permit pursuant to Tempe
City Code, Chapter 5. Event massages
shall be performed by a state licensed massage therapist who is clothed.
Licensee means a person
in whose name a license to operate a massage establishment has been issued, as
well as each individual listed as an applicant on the application for a
license.
Licensing
officer
means finance and technology director or designee.
Massage
establishment means any place of business, facility, premises, building,
vehicle, place or location wherein any massage techniques are administered,
practiced or used.
Massage
techniques means
any nonincidental touching, rubbing or other ministration of the human body
including, though not expressly limited to, the following named subjects and
methods of treatment: oil rubs; alcohol rubs; salt baths; touching procedures
upon the external parts of the body by hand or any electrical, mechanical or
vibratory apparatus, including stroking, friction, kneading, rolling,
vibrating, cupping, petrissage, rubbing, effleurage and tapotement. Massage techniques does not include the
diagnosis of illness or disease, medical procedures, naturopathic manipulative
medicine, osteopathic manipulative medicine, chiropractic adjustive procedures,
hemopathic neuromuscular integration, electrical stimulation, ultrasound, prescription
of medicines or the use of modalities for which a license to practice medicine,
chiropractic, nursing, occupational therapy, athletic training, physical
therapy, acupuncture or podiatry is required by law.
Massage
therapist means
any person who, for compensation of any kind, performs any massage techniques
as defined in this section and is licensed as a massage therapist by the State
of
Person means an
individual, firm, partnership, joint venture, association, corporation, estate,
trust, receiver, syndicate, broker, or any other form of legal entity.
Wellness
program
means an employer sponsored program that promotes wellness, healthcare or
wellness and healthcare education to its employees.
(Ord. No.
2007.59, 10-4-07; Ord. No.
2010.02, 2-4-10)
Sec.
16A-161. Administration.
(a) The
administration of this article, including the duty of prescribing forms, is
vested in the licensing officer, except as otherwise specifically
provided. The police chief and the community
development director shall render assistance in the administration and
enforcement of this article as follows:
(1) Police chief shall make police department facilities and
personnel available to fingerprint an applicant for a license. The cost of fingerprinting shall be paid by
the applicant at the time the service is provided. Records of fingerprints so obtained shall be
maintained at the police department;
(2) Police chief shall have a criminal history inquiry conducted on
all persons listed as an applicant or licensee in a license application. The inquiry shall be limited to determining
whether an applicant for a license has a criminal conviction of the type
described in § 16A-163(c)(9) of this article.
The police chief shall notify the licensing officer in the event such
criminal conviction is found to exist;
(3) Community development director shall notify the licensing
officer whether an applicant or a licensee in a license application has failed
to comply with or is in violation of applicable provisions of the Zoning and
Development Code, building codes, development standards or other land use
ordinances and regulations of the city relating to the business to be operated
under the license; and
(4) Nothing herein is intended to prohibit or restrict the police
chief or the community development director from providing additional
assistance from their normal duties and responsibilities or as requested by the
licensing officer.
(b) An
application for a license or for the renewal of a license made pursuant to this
article shall be submitted to the licensing officer who shall grant or deny the
application in accordance with the provisions of this article. The licensing officer shall also suspend or
revoke a license in accordance with the provisions of this article.
(c) A
license issued pursuant to this article shall expire on December 31 of the year
in and for which it is issued and may be renewed annually.
(Ord. No.
2007.59, 10-4-07; Ord. No. 2010.02, 2-4-10)
Sec.
16A-162. Exemptions.
A massage establishment license shall
not be required for the following activities:
(1) The
following persons while engaged in their respective professions or occupations
for which they are licensed to practice or perform in Arizona, if they do not
hold themselves out to the public as massage therapists and their performance
of massage is only in connection with their profession or occupation:
a. Physicians, doctors of oriental medicine,
surgeons, chiropractors, osteopaths or physical therapists, and persons directly
under their control and supervision;
b. Registered nurses;
c. Barbers, hairdressers and
cosmeticians; or
d. Reflexologists.
(2) Event massage;
(3) A client’s temporary or permanent place of
residence;
(4) Wellness
programs; or
(5) Chair massages.
(Ord. No.
2007.59, 10-4-07)
Sec. 16A-163.
Application for a massage establishment license.
(a) A
person who wishes to operate a massage establishment shall submit an
application and fees for a license to the licensing officer as required by this
article. The application shall be on a
form prescribed by the licensing officer and obtainable from the licensing
officer. An application shall be deemed
filed with the city when the licensing officer has received the required fees,
a completed application with all information required in subsection (c), and
the fingerprints of each applicant.
(b) The
applicants shall submit a full set of fingerprints to the 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 licensing
officer.
(c) An
applicant for a license under this article shall submit the following:
(1) The full legal name and current residence address of the
applicant;
(2) Any other names by which the applicant has been known during the
previous five (5) years;
(3)
Residence address for the past five (5) years;
(4) Written proof that the applicant is over the age of eighteen
(18) years;
(5) The address at which the applicant desires to do business;
(6) The applicant's height, weight and hair and eye color;
(7) The business, occupation or employment history of the applicant
during the previous five (5) years;
(8) The business license history of the
applicant; whether the applicant previously operating in this or another city
or state under license has had such license suspended or revoked, the reason
therefor, and the business activity or occupation subsequent to such suspension
or revocation; and
(9) All felony and misdemeanor convictions,
excluding those for traffic offenses, and the grounds of such conviction,
regardless of whether or not such convictions are being appealed.
(Ord. No.
2007.59, 10-4-07)
Sec.
16A-164. Application and license fees.
(a)
The application shall be submitted with an
application fee and a license fee, as established by city council (Appendix
A). The license fee shall be refunded
upon denial of the license.