(A) The City Council makes the following findings:
(1) The operation of a business for purposes of providing the opportunity to engage in, or the opportunity to view, live sex acts is declared to be a disorderly house and a public nuisance per se which should be prohibited;
(2) The operation of a live sex act business contributes to the spread of sexually transmitted diseases;
(3) The operation of a live sex act business is inimical to the health, safety, general welfare and morals of the inhabitants of the city; and
(4) Evidence in support of these findings may be found in the Sex Clubs, Factual Record, and Sexually Oriented Businesses, Factual Record, Supplement reports referenced in Mutschler LLC v. City of Phoenix , 129 P.3d 71, 212 Ariz. 160 (Ariz. App., 2006).
(B) In this section, unless the context otherwise requires, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSIDERATION. The payment of money or the exchange of any item of value for:
(a) The right to enter the business premises or any portion thereof;
(b) The right to remain on the business premises or any portion thereof;
(c) The right to purchase any item permitting the right to enter, or remain on, the business premises, or any portion thereof; or
(d) The right to a membership permitting the right to enter, or remain on, the business premises, or any portion thereof.
LIVE SEX ACT. Any act whereby one or more persons engage in a live performance or live conduct which contains oral sexual contact or sexual intercourse.
LIVE SEX ACT BUSINESS. Any business in which one or more persons may view, or may participate in, a live sex act for a consideration.
OPERATE AND MAINTAIN. To organize, design, perpetuate or control. OPERATE AND MAINTAIN includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.
ORAL SEXUAL CONTACT. Oral contact with the penis, vulva or anus.
SEXUAL INTERCOURSE. Penetration into the penis, vulva or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva.
(C) It shall be unlawful for any person to operate and maintain a live sex act business.
(D) Operation of a live sex act business is a public nuisance per se which may be abated by order of a court of competent jurisdiction.
(E) The Corporation Counsel or his or her designee, may initiate legal court action in court for an injunction against the business to stop it from operation or any other legal remedy to abate any violation in this section.
(F) If Corporation Counsel or his or her designee initiate legal court action against a violator of this section and prevail in court, the violator will be responsible for the city’s legal attorney fees and court costs associated with the action.
(G) Nothing in this section shall be construed to apply to the non-obscene presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial or business enterprise.
(Ord. 19-O-2220, passed 3-20-2019) Penalty, see § 132.99