Sec. 7-205. Administration.

   (a)   A proprietor license is not transferable and not assignable.

   (b)   The director may refuse to issue a proprietor license for good cause stated.

   (c)   The director may suspend a proprietor license upon the proprietor's conviction of any violation of this article, or upon the proprietor's failure to maintain forms and records as required by the director's rules and regulations, or upon the director's determination that the proprietor's swap meet activities are causing:

   (1)   Traffic congestion on the abutting public streets;

   (2)   The accumulation of debris or litter upon the premises;

   (3)   Loud noises, nuisances or disturbances whereby the quiet and good order of the premises or of the neighborhood is disturbed; or

   (4)   Persons other than the proprietor or swap meet employees are on the premises of a swap meet located within six hundred (600) feet of the boundary of property developed or used for residential purposes between the hours of 12:00 midnight and 6:00 a.m.

   (d)   The director may revoke a proprietor license upon the proprietor's conviction of any violation of this article within three (3) years of the proprietor's prior conviction under this article.

   (e)   Before suspending or revoking a proprietor license, the director shall give the proprietor prior notice, by certified mail addressed to the licensee at the address of the licensed business or by personal service, that a hearing to suspend or revoke the license will be held at a specified place, and at a time not sooner than five (5) days from the date of such notice. This notice shall clearly and concisely state the grounds and reasons relied upon for revocation or suspension. The director shall hold the hearing at the time and place specified, unless adjourned by consent of all parties; and the licensee shall be allowed to appear in person and by counsel, and offer proof and evidence. A record shall be kept of all the proceedings at such hearing, and a transcript of all evidence offered shall be made and filed. No license shall be suspended or revoked except when grounds therefor, as provided in this section, are satisfactorily established by the proof offered as shown by the record of proceedings and transcript of the hearing. The decision of the director spending or revoking any license shall be final.

   (f)   Proprietor occupational license taxes shall be required pursuant to chapter 19 of the Tucson Code.

(Ord. No. 5380, § 2, 6-1-81; Ord. No. 5840, § 3, 8-1-83)

Sec. 7-205.1. Penalty.

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

(Ord. No. 5380, § 2, 6-1-81)

   Sec. 7-205.1(1). Any other provision of this section notwithstanding, the violation of section 7-202(7) shall be punishable by a fine of one hundred dollars ($100.00), which fine shall not be suspended.

(Ord. No. 5840, § 4, 8-1-83)

ARTICLE X. ADULT ENTERTAINMENT ENTERPRISES AND ESTABLISHMENTS*

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*   Cross References: Indecent exposure, § 11-29.

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Sec. 7-206. Purpose and intent.

It is the purpose and intent of this article to provide for the orderly regulation of adult entertainment enterprises and establishments, as defined in this article, in the interest of public health, safety and welfare, and to prevent solicitation for acts of prostitution in adult entertainment enterprises and establishments by providing certain minimum standards and regulations for adult entertainment enterprises and establishments, and by providing standards for operators and employees of adult entertainment enterprises and establishments.

(Ord. No. 4783, § 1, 4-3-78)

Sec. 7-207. Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section unless in context it appears that a different meaning is intended:

   Adult arcade means any business wherein a film or videotape viewing device projects or displays any film or videotape reproduction into an enclosed viewing area designed for occupancy by no more than five (5) persons, where the images so displayed are characterized by an emphasis on the depiction or description of unclothed portions of the body.

   Adult entertainment employee means every owner, partner, manager, supervisor, clerk, cashier or any person that entertains whether in private or public, whether paid or not. Employees who are not normally in direct contact with the public, such as janitorial and maintenance workers, are exempt.

   Adult entertainment enterprise means any business activity wherein is furnished for a fee or charge or other like consideration, whether in public or private premises, the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view or photograph any such activity. The term includes adult motels and adult arcades as defined herein.

   Adult entertainment establishment means any establishment or place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, operates, carries on or permits to be engaged in, conducted, operated or carried on, any adult entertainment enterprise regardless of whether any other activity is also conducted on the premises.

   Adult motel means a hotel, motel or similar commercial enterprise which:

   (1)   Offers accommodations to the public for any form of consideration; provides patrons with the opportunity to view an unclothed portion of the body as defined herein of a live person or by closed-circuit television, television transmissions, films, motion picture, video cassettes, slides or other photographic reproductions; and

   (2)   Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

   (3)   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.

   On-site manager means whatever adult entertainment employee, manager, supervisor or other person who is physically present and in control of the operation of the adult entertainment enterprise.

   Sexual contact means any direct or indirect touching or contact with any part of the genitals, anus or female breast.

   Unclothed portion of the body means a state of dress in such a manner that the female nipple and areola (the more darkly pigmented portion of the female breast encircling the nipple) are not covered by a fully opaque material and/or the lower part of the torso, consisting of the genitals and/or the anal cleft or cleavage of the buttocks, is not covered by a fully opaque material.

   Viewing area means any area from which a person may watch a film, video viewing device or live entertainment.

(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 3, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 1, 4-11-94)

Sec. 7-208. Exempt activities.

The following activities are specifically excluded from the meaning of the term "adult entertainment enterprise" and are exempt from the application of all provisions of this article.

   (1)   Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the state;

   (2)   Nurses registered under the laws of the state;

   (3)   Trainers of any amateur, semiprofessional or professional athlete or athletic team;

   (4)   Barbers and beauticians who are duly licensed under the laws of the state;

   (5)   Any activity conducted or sponsored by any school district or other public agency;

   (6)   Any activity conducted by a person pursuant to any license issued by the state or any agency thereof or political subdivision which licenses, prescribes standards for and supervises such activity or profession;

   (7)   Portions of performances on theater, concert hall, music hall or auditorium stages wherein such displays are an integral part of a dramatic or comedic presentation;

   (8)   Private schools providing a course of instruction in photography or photography studios which do not provide, for consideration, photography equipment, models and a studio;

   (9)   Modeling agencies, schools or services, except those which provide live modeling services, for consideration, in which a patron may obtain an exclusive modeling exhibition in which he or she is the only observer.

(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 3, 10-23-89; Ord. No. 7414, § 1, 5-21-90)