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(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)
(a) Every adult entertainment enterprise licensee shall maintain a current list of all employees employed by the licensee, showing the legal name; current stage name; current address; current phone number, if any; date of birth; current driver's license number, if any; and adult entertainment employee license number(s) of each employee. In addition, the adult entertainment enterprise licensee shall maintain a record updated at least every six (6) months, of the height, weight, hair and eye color, scars, tattoos and a passport quality photograph measuring two inches by two inches (2" × 2") of each employee.
(b) The records required by subsection (a) of this section shall be kept available and open for inspection by the police department at any time, the state or county health departments, or by the director of finance or his authorized representative at any time the enterprise is open for business.
(c) Every adult entertainment enterprise licensee shall report in writing, by the first of each month, to the Tucson Police Department the name, date of birth and adult entertainment employee license number(s) of any employee employed by the licensee whose employment by the licensee has commenced or terminated, during the previous month.
(d) Every adult entertainment enterprise and their on-site managers shall conspicuously post and maintain on the licensed premises, where employees and patrons can easily read them, a copy of section 7-217, listing all the unlawful activities prohibited therein.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 9, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 4, 4-11-94)
The director of finance shall revoke a license issued under this article when:
(1) The licensee is operating in violation of section(s) 7-217 (a), (b), (c)(1-5), (d), (e) and (f).
(2) The licensee is operating in violation of section 7-217(c)(6--9) or any provision of this article or of any other ordinance or regulation relating to or regulating the licensee's business, and has failed or refused to cease and desist from such violation within five (5) days after written notice to do so from the director of finance.
(3) The licensee or its managing agent has been convicted, since the license was issued, of a felony or misdemeanor offense involving moral turpitude, or of any offense involving prostitution or any of the related offenses enumerated in A.R.S. Section 13-1401 et seq.; rape, indecent exposure, child molesting, 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.
(4) The licensee or its managing agent has made false or misleading statements of material fact in the application for the license required by this article, or has entered or given false information in any record or report required by this article to be kept or made by a licensee.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7299, § 9, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 4, 4-11-94)
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