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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)
(a) The director of finance shall file a written petition for revocation with the city administrative hearing office, requesting that a time and place be set for a hearing and specifying the grounds for revocation per section 7-215. Within five (5) days, the hearing officer shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition to revoke. The hearing officer shall notify the parties in the manner provided in this article and shall state the grounds relied upon for the proposed revocation. Should the licensee fall to appear at the hearing, a default judgment of revocation shall be entered. A record shall be kept of all proceedings, including proofs offered and a transcript of testimony. No license shall be revoked unless grounds therefor are established by a preponderance of the evidence as shown by the record of the hearing. The hearing shall be conducted in the manner provided for in section 7-210(d). The hearing officer shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. Revocation of a license shall be effected by the hearing officer's signing of the written notice of his decision. A licensee's right to do business under authority of the license shall terminate immediately upon the giving or mailing to the licensee a copy of the signed decision revoking the license, except that the revocation may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to revoke is signed unless the decision is mailed, in which case, no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record on appeal. if an appeal is not timely made, the revocation becomes final and the license is terminated.
(b) Notices required by this article may be served by certified mail to the licensee's attorney, to the licensee at the address as shown on the business license or by personal service.
(Ord. No. 4783, § 1, 4-3-78; Ord. No. 7414, § 1, 5-21-90)
(a) Adult entertainment enterprises and their on-site managers shall not allow an adult entertainment employee to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person on the licensed premises.
(3) Perform real or simulated sexual acts while on the licensed premises.
(4) Have sexual contact with dildos, vibrators or other objects while viewed by any person on the licensed premises.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment being provided on the licensed premises.
(b) Adult entertainment enterprises and their on-site managers shall not aid, offer, solicit or agree with a patron to allow an adult entertainment employee to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person.
(3) Perform real or simulated sexual acts.
(4) Have sexual contact with dildos, vibrators or other objects while viewed by any person.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment.
(c) Adult entertainment enterprises and their on-site managers shall:
(1) Not allow any materials, devices and novelties for sale to be displayed so that the items can be seen from outside the premises.
(2) Not knowingly permit any person to stimulate or masturbate their genitals, anus or female breast while on the licensed premises.
(3) Not allow more than one (1) person at any time to occupy individually enclosed booths or small enclosed viewing areas suitable for use by one (1) person.
(4) Not allow the storage, buying, selling or consumption of alcoholic beverages anywhere on the licensed premises.
(5) Not allow any persons to engage in any type of gambling on the licensed premises.
(6) Only allow individual enclosed booths or small enclosed areas suitable for use in viewing by one (1) person to be on the licensed premises when such separate rooms, booths or partitioned areas are visible from a continuous main aisle. Any door, curtain, wall or other partition covering the doorway of a viewing booth shall end at least thirty (30) inches above the highest floor level of the booth and provide a view of the occupant from at least the waist down when seated. There shall be no openings or holes between the viewing areas, other than doorways.
(7) Maintain each licensed premises in a clean and sanitary condition at all times.
(8) Equip and maintain each licensed premises with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access to an illumination of not less than one (1.0) footcandle as measured at floor level.
(9) Conspicuously post and maintain on the licensed premises, where employees and patrons can easily see them, a copy of this section, 7-217, listing all the unlawful activities prohibited herein.
(d) Adult entertainment enterprises shall not operate when open to the public without having an on-site manager physically on the premises and in control of the adult entertainment enterprise.
(e) Adult entertainment employees shall not:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person on the licensed premises.
(3) Perform real or simulated sexual acts while on the licensed premises.
(4) Have sexual contact with dildos, vibrators or other objects while being viewed by any person on the licensed premises.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment being provided on the licensed premises.
(f) Adult entertainment employees shall not aid, offer, solicit or agree with a patron to:
(1) Perform a private show wherein the adult entertainment employee is unclothed as defined in section 7-207(h) without a solid, transparent partition separating the performer from the patron(s).
(2) Have sexual contact with any person.
(3) Perform real or simulated sexual acts.
(4) Have sexual contact with dildos, vibrators or other objects while being viewed by any person.
(5) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another adult entertainment employee while viewed by any person as a part of the entertainment.
(g) Patrons of adult entertainment enterprises shall:
(1) Not have sexual contact with dildos, vibrators or other objects while on the licensed premises.
(2) Not touch, stimulate or masturbate any part of their genitals, anus or female breast while on the licensed premises.
(3) Only enter into and remain alone in individually enclosed booths or small enclosed viewing areas suitable for use by one (1) person.
(4) Not bring any alcoholic beverages upon the licensed premises.
(5) Not engage in any type of gambling while on the licensed premises.
(h) Patrons of adult entertainment enterprises shall not aid, offer, solicit or agree with an adult entertainment employee to:
(1) Have sexual contact with dildos, vibrators or other objects.
(2) Touch, stimulate or masturbate any part of their genitals, anus or female breast or any part of the genitals, anus or female breast of another.
(Ord. No. 7299, § 11, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 5, 4-11-94)
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