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If a provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Ord. No. 9587, § 10, 8-6-01)
(a) No license for a secondhand dealer shall be issued or renewed if the applicant or licensee:
(1) Is not eighteen (18) years of age or older;
(2) Made any false statement or failed to answer any question in the application;
(3) While licensed under this article, has had such license revoked within the previous two (2) years;
(4) Has been convicted or found responsible of a violation of this article within one (1) year immediately preceding the application.
(b) No license shall be issued or renewed if the location of the business is not in conformity with applicable zoning regulations.
(c) The director of finance shall revoke a license issued under this article when:
(1) The licensee is convicted of or found responsible for two (2) or more violations of this article committed within a one (1) year period;
(2) An employee of the licensee is convicted or found responsible for two (2) or more violations of this article committed within a one (1) year period. The licensee shall be notified in writing by the police department whenever an employee is cited for a violation of this article. Notice shall be given to the licensee within ten (10) days of the charge being filed. The provisions of this subsection regarding license suspension shall not apply in the absence of such notification;
(3) The applicant or licensee has made false or misleading statements of material fact in the application for the license required by this article, or has entered or given false information in any record or report required by this article to be kept or made by a licensee;
(4) The applicant or licensee has failed to report a transaction using forms required by this article and approved by the chief of police or has failed to pay the transaction fee required to be paid by section 7-100(c) at the time so required.
(Ord. No. 10254, § 7, 2-28-06; Ord. No. 10790, § 3, 5-18-10, eff. 7-1-10)
(a) The director of finance, upon notification by the chief of police that grounds for revocation exist, shall file a written petition for revocation with the city court, requesting that a time and place be set for a hearing and specifying the grounds for revocation. Within five (5) days, the special limited magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition to revoke. The special limited magistrate shall notify the parties in the manner provided in this article and shall state the grounds relied upon for the proposed revocation. Should the licensee fail to appear at the hearing, a default judgment of revocation shall be entered. A record shall be kept of all proceedings, including proofs offered and a transcript of testimony. No license shall be revoked unless grounds therefore are established by a preponderance of the evidence as shown by the record of the hearing. The hearing shall be held in an informal manner as to the order of proceeding and presentation of evidence with a record made by electronic tape recording or stenographic transcription. The Arizona Rules of Evidence shall apply. However, the special limited magistrate shall admit evidence over hearsay objections where the proffered evidence has substantial probative value and reliability. Copies of records and documents prepared in the ordinary course of business shall be admitted, but subject to challenge as to weight and authenticity. The special limited magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. Revocation of a license shall be effected by the special limited magistrate's signing of the written notice of the decision. Appeal of the decision of the special limited magistrate shall be by way of special action to this Superior Court on the record of the hearing. A licensee's right to do business under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of a signed decision revoking the license; except that the revocation may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to revoke is signed unless the decision is mailed, in which case the appeal must be filed no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the revocation becomes final and the license is terminated.
(b) Notices required by this article may be served by certified mail to the licensee's attorney, to the licensee at the address as shown on the business license, or by personal service.
(c) Upon revocation of a license, all fees or taxes theretofore paid for or on account of any such license shall be deemed forfeited to the city.
(Ord. No. 10254, § 8, 2-28-06)
ARTICLE VI.
ESCORTS AND ESCORT BUREAUS
ESCORTS AND ESCORT BUREAUS
The following words and phrases, whenever used in this article, shall be constructed as defined in this section unless in context it appears that a different meaning is intended:
(1) Escort means a person who for pecuniary compensation or any consideration accompanies others to, from or about social affairs, entertainments, place of public assembly or places of amusement, or who agrees to or does consort socially with others for hire or reward to, in or about any place of public or private resort or any private quarters or business premises.
(2) Escort bureau means any business or agency which for pecuniary compensation or any consideration furnishes or offers to furnish escorts or introduction service.
(3) Introduction service means a service offered or performed for any pecuniary compensation or any consideration, the principal purpose of which is to aid individuals to become socially acquainted, or which service is generally known by the offering or performing party to be used by the recipient thereof for the purpose of obtaining information about others to be used for social purposes.
(Ord. No. 4782, § 1, 4-3-78)
(a) It shall be unlawful for any person, selfemployed or employed by another, to act as an escort without first obtaining and maintaining in effect an escort license as provided by this article.
(b) It shall be unlawful for any person, association, partnership, firm or corporation to furnish or offer to furnish escorts or introduction service, or to conduct business as an escort bureau, or to manage an escort bureau, without first obtaining and maintaining in effect an escort bureau license as provided by this article.
(c) It shall be unlawful for any person or other entity doing business as an escort bureau to employ as an escort any person who does not have a current and unrevoked escort license as provided by this article.
(d) It shall be unlawful for any person or entity licensed as provided by this article to act as an escort, or furnish or offer to furnish escorts or introduction service, or manage or conduct business as an escort bureau under any name not specified in such license.
(e) It shall be unlawful for any person, association, partnership, firm or corporation to operate an escort bureau on the same premises whereon is located a cocktail lounge, bar or tavern, photography studio, telephone answering service, theater, bookstore, martial arts studio, physical culture, studio, public bath, motel, hotel, or massage parlor, or for any person to solicit business as an escort while in or on such business premises.
(Ord. No. 4782, § 1, 4-3-78)
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