Loading...
(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)
(1) For the first time shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months, and by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00).
(2) For a second time shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and by a fine of not less than three hundred dollars ($300.00) nor more than two thousand five hundred dollars ($2,500.00).
(3) For a third time shall be punished by imprisonment for not less than forty (40) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00).
(4) For a fourth time shall be punished by imprisonment for not less than eighty (80) days nor more than six (6) months, and by a fine of not less than nine hundred dollars ($900.00) nor more than two thousand five hundred dollars ($2,500.00).
(5) For a fifth or subsequent time shall be punished by imprisonment for not less than one hundred sixty (160) days nor more than six (6) months, and by a fine of not less than one thousand seven hundred dollars ($1,700.00) nor more than two thousand five hundred dollars ($2,500.00).
(1) For the first time shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than two thousand five hundred dollars ($2,500.00).
(2) For the second time shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00).
(3) For the third time shall be punished by a fine of not less than seven hundred fifty dollars ($750.00) nor more than two thousand five hundred dollars ($2,500.00).
(4) For the fourth time shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00).
(5) For the fifth or subsequent time shall be punished by a fine of not less than two thousand dollars ($2,000.00) nor more than two thousand five hundred dollars ($2,500.00).
(c) No judge may grant probation without imposing, or suspend the imposition of, the minimum jail sentences and fines prescribed herein upon a person convicted of any offense prohibited in sections 7-209, 7-213, 7-214 and 7-217. In addition, a person convicted of any offense prohibited in sections 7-209, 7-213, 7-214 and 7-217 may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(Ord. No. 7299, § 12, 10-23-89; Ord. No. 7414, § 1, 5-21-90; Ord. No. 8246, § 5, 4-11-94)
ARTICLE XI.
RESERVED*
RESERVED*
__________
* Note: See the editor's note to art. XIII of this chapter, § 7-300.
__________
ARTICLE XII.
ADULT CARE HOMES AND FACILITIES
ADULT CARE HOMES AND FACILITIES
Loading...