(a) Any person, association, firm, partnership or corporation desiring to obtain an adult entertainment enterprise license, or a new adult entertainment employee license or a renewal of same, if required by section 7-209(d), shall apply to the city director of finance, who shall refer each application to the chief of police for appropriate investigation and refer each application for an adult entertainment enterprise license to the director of planning and zoning to verify compliance with Chapter 23 of the Tucson Code.
(b) Each application for:
(1) An adult entertainment enterprise license shall be accompanied by a nonrefundable application fee of three hundred dollars ($300.00).
(2) A new adult entertainment employee license shall be accompanied by a nonrefundable application fee of one hundred dollars ($100.00).
(3) A renewal of an adult entertainment employee license, if required by section 7-209(d), shall be accompanied by a non-refundable application fee of forty dollars ($40.00).
(4) An adult entertainment enterprise license application shall be accompanied by the bond or proof of insurance required by this article. The application fee required by this section and the license required by this article shall be in addition to any business license and fee which may be required by Chapter 19 of this Code. The granting of a license under this article shall not be deemed evidence or proof that the licensee has complied with requirements and provisions of Chapter 19 of this Code.
(c) The director of finance shall transmit within two (2) days of their receipt all completed applications to the chief of police and also to the director of the planning and zoning department all completed applications for adult entertainment enterprise licenses. The director of finance shall immediately issue a temporary license to applicants who have submitted a completed application, fees and bonds or proof of insurance if required. The temporary license shall remain in effect until either a permanent license is issued or denied without appeal by the applicant, or until an appeal of a license denial to the civil infractions division of the Tucson City Court is decided. The chief of police shall investigate an application and the background of the applicant. Based on such investigation, the chief of police shall recommend to the director of finance approval or denial of a license within sixty (60) days of receiving a completed application. Unless the chief of police finds grounds to deny an application under section 7-212, the chief of police shall recommend approval of the application. The director of planning and zoning shall review the zoning regulations which apply to the business property to see whether it is in conformity therewith. Based upon such review and any necessary inspections of the business property, the director of planning and zoning shall recommend to the director of finance approval or denial of a license within thirty (30) days of receiving a completed application. Unless the director of planning and zoning finds grounds to deny an application under Chapter 23 of this Code the director of planning and zoning shall recommend approval of the application. The director of finance shall issue said license upon the recommendation of the chief of police and the director of planning and zoning or notify the applicant of its denial within five (5) days of the receipt of the recommendations of the chief of police and the director of planning and zoning.
(d) Should an applicant be denied a license, the applicant may, within five (5) days of the notice of denial from the director of finance, file a petition for review before the civil infractions division of the Tucson City Court. Within five (5) days, the magistrate, special magistrate or special limited magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition for review. The magistrate, special magistrate or special limited magistrate shall notify the parties of the date in the manner described below in this section. If the applicant fails to appear as directed, a default judgment will be entered. 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 magistrate, special magistrate or 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 sole basis for the magistrate, special magistrate or special limited magistrate to overturn the decision of the finance director shall be a finding of factual error as to the enumerated grounds for denial of the license contained in section 7-212 or Chapter 23 of this Code. The applicant shall have the burden of proof to show by a preponderance of the evidence that a factual error exists in the finance director's decision on those grounds enumerated in section 7-212 or Chapter 23 of this Code. The magistrate, special magistrate or special limited magistrate shall render a decision within five (5) days of the hearing and notify all parties as to the outcome by certified mail to the address provided on the application or to their attorneys.
(e) Appeal of the decision of the magistrate, special magistrate or special limited magistrate under the article shall be by way of special action to the superior court on the record of the hearing. The appealing party shall bear the cost of preparing the record for appeal. No appeal shall be taken later than ten (10) days after entry of the decision by the magistrate, special magistrate or special limited magistrate unless the decision is mailed, in which case, no later than fifteen (15) days after entry of the decision.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 5, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8130, § 3, 10-4-93; Ord. No. 8246, § 3, 4-11-94)