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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)
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)
(a) It shall be unlawful for any person, self-employed or employed by another, association, partnership, firm or corporation, to open or operate an adult entertainment enterprise or to conduct business as or to manage an adult entertainment enterprise without first obtaining and maintaining in effect, an adult entertainment enterprise license, as provided by this article.
(b) It shall be unlawful for any person, self-employed or employed by another, association, partnership, firm or corporation to employ an adult entertainment employee that is not currently licensed, as provided by this article.
(c) It shall be unlawful for any adult entertainment employee to be an employee of an adult entertainment enterprise without first obtaining, and maintaining in effect, an adult entertainment employee license as provided by this article.
(d) Adult entertainment employee licenses shall be effective for one (1) year, expiring at midnight one (1) year from the date of the initial application, unless a reapplication is filed with the city's director of finance within thirty (30) days before the expiration date; except as follows:
(1) Adult entertainment employee licenses in effect at the time of the adoption of this ordinance shall expire at midnight one (1) year after the passage of this ordinance [April 11, 1994], if a reapplication is not filed with the department upon or before that date.
(2) Adult entertainment employees who do not appear in a state of undress as described in section 7-207(h), do not have to renew their licenses, nor do their licenses expire.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 5427, § 1, 9-8-81; Ord. No. 7299, § 4, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 2, 4-11-94)
(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)
(a) Each applicant for an adult entertainment enterprise license or an adult entertainment employee license shall submit an application, verified under oath; initially, or annually thereafter if required by section 7-209(d), before the end of the last business day prior to the expiration of the previous license and within thirty (30) days before the expiration of that previous license, to the city's director of finance; containing the following information and material:
(1) The applicant's full legal name and current residence address;
(2) The applicant's residence addresses for the previous five (5) years and the dates of residence at each;
(3) Any other name, including any stage names, by which the applicant has been known during the previous five (5) years;
(4) The address at which the adult entertainment enterprise applicant desires to do business, and the name under which the business will be conducted;
(5) Written proof that the applicant is at least eighteen (18) years of age;
(6) The applicant's height, weight and color of hair and eyes;
(7) Two (2) passport quality color photographs, taken at the time of application by the police department;
(8) The business, occupation or employment history of the applicant during the previous five (5) years;
(9) All felony or misdemeanor convictions of the applicant within the past five (5) years involving sexual misconduct, an escort violation, prostitution, or any of the related offenses enumerated in this Code or in A.R.S. Section 13-1401 et. seq.; e.g., rape, indecent exposure, child molesting or lewd and lascivious acts; and any such offense committed outside the State of Arizona that would have been classified as one of the above offenses if committed within the State of Arizona.
(10) The new applicant's complete fingerprints taken by the Tucson Police Department, along with written verification from the police department of having completed being fingerprinted.
(11) The name and current residence addresses of each person employed or intended to be employed by the adult entertainment enterprise;
(12) The full name and current mailing address of each of the entity's partners, members, directors, officers and managers of an application for an adult entertainment enterprise license for other than an individual.
(13) The names, addresses and dates of birth of all persons with a five (5) percent or greater ownership interest in the adult entertainment enterprise, except for publicly owned corporations listed with the securities exchange commission.
(14) A sketch or diagram of the applicant's adult entertainment enterprise showing each room and the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn with marked dimensions of the interior of the premises. If there are any subsequent changes, a new sketch shall be submitted to the chief of police within ten (10) days after completion of the changes.
(b) If an application for an adult entertainment enterprise license is for a firm, partnership, association or corporation, the applicant shall be the individual who is to be in actual management of the enterprise for which a license is requested, and the information and material required about the applicant by subsection (a) of this section shall also be required about the individual in active management of the firm, partnership, association or corporation in whose name the license is to be issued.
(c) Each application for an adult entertainment enterprise license shall be accompanied by:
(1) The application fee required by section 7-210(b)(1) of this article; and
(2) Either a surety bond in the amount of ten thousand dollars ($10,000.00) or proof of a paid insurance policy covering the enterprise in the amount of at least five hundred thousand dollars ($500,000.00) for at least one (1) year, which proof shall be renewed annually and the insurance maintained in effect for as long as the adult entertainment enterprise is licensed. The bond shall be executed and acknowledged by the licensee as principal and by a corporation licensed to transact fidelity and surety business in the state as surety. The bond shall be continuous in form and run concurrently with the license period, and shall be in favor of the city for the benefit of any person injured on the premises through any negligence of the principal or the principal's agent or employee and shall be subject to claim by any person injured thereby.
(d) Each application for an adult entertainment employee license shall be accompanied by the application fee required by section 7-210(b)(2) or (3) of this article.
(e) Applicant background check. The chief shall forward the fingerprints obtained pursuant to subsection (a)(10), accompanied by the appropriate fees paid by the applicant, to the appropriate state and federal agencies for the purpose of conducting a state and federal criminal records check in accordance with A.R.S. § 41-1750 and Public Law 92-544. The Director of the Arizona Department of Public Safety may exchange the applicant's fingerprint data with the Federal Bureau of Investigation. If the chief determines, based on such background check, that the applicant has a conviction for any offense described in subsection (a)(9), the chief shall recommend to the director that a license be denied or not renewed.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 6, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 4, 4-11-94; Ord. No. 10270, § 1, 5-2-06; Ord. No. 10866, § 1, 12-21-10; Ord. No. 10910, § 2, 8-9-11)
No adult entertainment enterprise license nor adult entertainment employee license shall be issued or renewed if the applicant:
(1) Is not eighteen (18) years of age or older;
(2) Made any false statement in the application;
(3) While licensed under this article, has had such license revoked within the previous two (2) years;
(4) Has been convicted within the past five (5) years of any felony or misdemeanor offense involving sexual misconduct, prostitution, an escort violation, or any of the related offenses enumerated in this Code or in A.R.S. section 13-1401, et seq.; e.g., rape, indecent exposure, child molesting, or lewd and lascivious acts; or any such offense committed outside the State of Arizona that would have been classified as one of the above offenses if committed within the State of Arizona.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 5427, § 2, 9-8-81; Ord. No. 7299, § 7, 10-23-89; Ord. No. 7414, § 1, 5-21-90)
(a) An adult entertainment enterprise licensee shall conduct business only at the address shown on the license. Each additional place of business shall require a separate license.
(b) An adult entertainment enterprise license issued under this article shall be nontransferable as to the licensee; however, the director of finance, upon receipt of a transfer fee of ten dollars ($10.00), shall authorize the transfer of a license from one location to another, provided the licensee remains the same and the new location meets the requirements of this article.
(c) An adult entertainment employee may work at any properly licensed adult entertainment enterprise establishment.
(d) The licensed premises shall be available for inspection by the police department, fire department, building safety division, zoning department, state or county health departments or by the director of finance or authorized representative at any time the premises are occupied or open for business.
(e) The licensed premises and its associated parking area shall not be located within five hundred (500) feet of a residentially zoned property, school, church, public park or playground or within one thousand (1,000) feet of another adult entertainment establishment, to be measured property line to property line or zone boundary line; except as provided by Chapter 23 of the Tucson Code. Those adult entertainment establishments that are in existence as of the date this ordinance is adopted and those whose ownership is subsequently transferred are exempt from this restriction. This exemption does not apply when a nonconforming use has been discontinued or abandoned for a period of six (6) months or more. An adult entertainment establishment lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a residentially zoned property, school, church, public park or playground within five hundred (500) feet of the adult entertainment establishment.
(f) No licensee shall in any manner advertise its services as licensed or bonded by the city.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 8, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 4, 4-11-94)
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