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Every license may be revoked should the licensee, directly or indirectly, permit the operation of any machine in violation of any provisions of the ordinances of the city or the laws of the state. The license may be revoked by the tax collector following a hearing as prescribed in section 7-315 of this article in addition to the penalties prescribed.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
The provisions of this article shall not apply to devices for the vending of food, including candy and soft drinks, or which dispense items for one (1) penny or other device vending services or products not defined herein as a vending machine.
(Ord. No. 2650, § 1, 8-13-64; Ord. No. 7885, § 4, 8-3-92)
ARTICLE XV.
DANCE HALLS
DANCE HALLS
For the purpose of this article, and unless the context plainly requires otherwise, the following definitions are adopted:
Class A dance hall means any dance hall where dancing is permitted for persons age thirteen (13) through age seventeen (17).
Class B dance hall means any dance hall where dancing is permitted for persons age eighteen (18) and over.
Dance hall means any establishment or location that invites or is open to persons for the purpose of public dancing.
License means a permit to operate a dance hall.
Licensee means a person in whose name a license to operate a dance hall has been issued, as well as the individual listed as an applicant on the application for a license.
Person means any natural person and, in addition, a corporation, partnership, association, or other legal entity.
Public dancing means any dance that is held and conducted for a profit, direct or indirect, or requires a monetary payment or contribution from any of the persons admitted. It includes the premises in which the dancing is conducted, together with all parking areas, hallways, restrooms, and adjoining areas on the premises open to the public during the dance and over which the licensee has the legal right to control access.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8040, § 1, 5-3-93; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 1, 1-14-02; Ord. No. 10571, § 1, 8-6-08)
(a) No person shall conduct or operate a dance hall unless the person who is conducting or operating such dance hall has obtained a license in accordance with the provisions of this article.
(b) Exceptions:
(1) The requirements of this article shall not apply if the dance is sponsored, organized, and supervised exclusively by a public, parochial or private elementary or secondary school, college, or university that teaches accredited courses of instruction as approved by the Arizona Department of Education; however, no more than two (2) dance halls may be operated or conducted at the same location by an individual school, college or university in any twelve (12) month period under this exception, unless that location is on property exclusively owned and operated by that school, college or university.
(2) The requirements of this article shall not apply if the dance is sponsored, organized, and supervised by the federal, state, or local government.
(3) The requirements of this article shall not apply to dance halls whose patrons are limited solely to persons twenty-one (21) years of age or older and that are duly licensed liquor establishments operating as such while the dancing is occurring.
(c) It shall be a misdemeanor to operate a dance hall without first obtaining and maintaining in effect a license as required by this article. A person convicted of violating this section shall be punished by a fine of not less than two hundred fifty dollars ($250.00).
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 2, 1-14-02; Ord. No. 10571, § 2, 8-6-08)
(a) Any person desiring to obtain a license shall apply to the city director of finance, on a form provided by the police department. Applications shall be signed by the applicant and verified under oath.
(b) The director of finance shall immediately transmit all completed applications to the chief of police, the director of the planning department, the director of the development services center and the chief of the fire department. The chief of police shall investigate an application and the background of the applicant and make a recommendation to the director of finance for approval or denial of a license within fifteen (15) days of receiving a completed application. The chief of police may condition a recommendation for approval upon a requirement that the applicant employ a sufficient number of security personnel to provide crowd control and dispersal, as provided in section 7-366. The director of planning shall review the zoning regulations which apply to the proposed location to see whether it is in conformity therewith. Based upon such review and any necessary inspections of the location, the director of planning shall recommend to the director of finance approval or denial of a license within fifteen (15) days of receiving a completed application. The director of the development services center and the chief of the fire department shall review the building code and fire code regulations which apply to the proposed location and the proposed use, including regulations concerning occupant load, building egress, ventilation and sanitation to see whether it is in conformity therewith. Based upon such review and any necessary inspections of the location, the director of the development services center and the chief of the fire department shall recommend to the director of finance approval or denial of a license within fifteen (15) days of receiving a completed application. Should an approval be made by both the development services center and planning, a temporary change of use will be issued, along with an occupant load card stating the occupant limit for the event, to the applicant for the license, provided a license is otherwise approved by the director of finance.
(c) The director of finance shall issue a license upon the recommendation of the chief of police, the director of planning, the director of development services, and the chief of the fire department, or notify the applicant of its denial within five (5) days of the receipt of the recommendations of the chief of police, the director of planning, the director of development services and the chief of the fire department.
(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 in the city court. Within five (5) days, the special limited magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition for review. The special limited magistrate shall notify 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 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 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 license contained in section 7-354 of the Tucson 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 7-354 of this Code. The 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 the address of their attorneys.
(e) Appeal of the decision of the special limited magistrate under this 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 special limited magistrate's decision unless the decision is mailed; in which case, the appeal may be taken no later than fifteen (15) days after entry of the decision.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8130, § 3, 10-4-93; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 3, 1-14-02)
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