Sec. 7-144. Other unlawful activities; general penalty.

   (a)   It shall be unlawful for any person, association, firm or corporation to conduct or operate a massage establishment on the same premises whereon alcohol is sold (unless operated by a non-profit corporation or duly licensed athletic club, spa, or resort), or on the same premises whereon is conducted the business of adult bookstore, adult motion picture theatre or adult entertainment enterprise as defined in section 7-207 of this Code.

   (b)   Wherever in this article any act is prohibited or declared to be unlawful, and wherever in this article the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provisions of this article is a misdemeanor punishable by a fine of not more than three hundred dollars ($300.00) or imprisonment for not more than three (3) months, or by both such fine and imprisonment. Each day such violation continues shall constitute a separate offense. Revocation or suspension of a license shall not be a defense against prosecution.

(Ord. No. 9991, § 2, 6-28-04)

Sec. 7-145. Revocation of license; grounds.

   (a)   The license of a massage establishment may be revoked upon any one (1) or more of the following grounds:

   (1)   That the licensee has fraudulently conducted the business of massage establishment, or fraudulently or deceitfully obtained a license to conduct such business.

   (2)   That the licensee has been convicted within the last five (5) years in a court of competent jurisdiction of a felony or of any offense involving moral turpitude, dangerous or narcotic drugs or marijuana, as enumerated in this Code and as defined in the Arizona Revised Statutes.

   (3)   That the licensee has engaged in untrue, fraudulent, misleading or deceptive advertising.

   (4)   That the licensee is engaged in the business of massage therapy establishment under a false or assumed name, or is impersonating another practitioner.

   (5)   That the licensee has violated any of the provisions of this article.

(Ord. No. 9991, § 2, 6-28-04)

Sec. 7-146. Denial or revocation of license; appeal.

   (a)   Before revoking a license, the director of finance shall give written notice to the licensee that a revocation hearing will be held at a place and time specified in the notice, which hearing shall not be sooner than ten (10) days from the date of the notice. The notice shall state the grounds relied upon for the denial or revocation.

   (b)   Any person denied a license pursuant to the provisions of this article, or whose license has been revoked, may appeal in writing to the director of finance within ten (10) days from the notice, stating reasons why the action was improper. The director of finance or his designee shall hear the appeal on its merits not less than seven (7) nor more than thirty (30) days following the filing of the appeal. If the licensee fails to appear at the hearing, the director of finance or his designee may conduct the hearing. No license shall be revoked unless grounds therefore are satisfactorily established as shown by the record of the hearing. The director of finance/designee shall give the licensee notice of the hearing decision and such decision shall be final.

(Ord. No. 9991, § 2, 6-28-04)

Sec. 7-147. Applicability of regulations to existing businesses.

The provisions of this article shall apply to all activities regulated by this article of such persons and businesses described herein, whether such activities were commenced before or after the effective date of this article; however, the provisions of section 7-138 shall not apply to any person licensed by the city as a massage establishment continuously since May 1, 1971.

(Ord. No. 9991, § 2, 6-28-04)

Sec. 7-148. Reserved.

Sec. 7-149. Reserved.

Sec. 7-150. Finance director may formulate rules.

The city finance director may formulate rules to assist in the administration of this article by city staff. Such rules, when adopted by mayor and council, shall have the force of law.

(Ord. No. 9991, § 2, 6-28-04)