(A) The town shall deny the application for any of the following reasons:
(1) An applicant is under the age of 18 years;
(2) An applicant or his or her spouse is overdue on any payment owed to the town for taxes, fines or penalties assessed in relation to a sexually oriented business;
(3) An applicant is residing with a person who has been denied or had a permit to operate a sexually oriented business revoked under this subchapter within the preceding 12 months for any reason other than location;
(4) An applicant has failed to provide information required by this section or has falsely responded to any part of the application form;
(5) The premises to be used for the sexually oriented business have not been approved as complying with Town or State Health, Fire and Building Codes;
(6) An applicant is in violation of any other provision of the subchapter, including, but not limited to, the zoning locational requirements for a sexually oriented business, or any other statute, ordinance or court order;
(7) The application or permit fees required by this section have not been paid;
(8) An applicant has been convicted of a “specified criminal” act for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is for a misdemeanor offense included within A.R.S. Title 13, Chs. 14, 32, 35 or 35.1, or crimes connected with another sexually oriented business; or
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is for a felony or for two or more misdemeanor offenses where the “specified criminal” acts are made criminal within A.R.S. Title 13, Chs. 14, 32, 35 or 35.1, or crimes connected with another sexually oriented business.
(9) The fact a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant convicted of any of the above “specified criminal” acts may qualify for a sexually oriented business permit only when the time period required hereby has elapsed; and/or
(10) An applicant knowingly has in his or her employ an employee who does not have a valid license as required in § 153.099.
(B) If the town denies an application, it shall notify the applicant of the denial and the reason(s) for the same. If a person applies for a particular location within a period of 12 months from the date of denial of a previous application, and there has been no intervening change of circumstances which could reasonably be expected to lead to a different decision, the application shall be denied.
(1974 Code, § 18-3-8-7) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)