(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)