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(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)
(a) Applications for single event licenses shall be accompanied by a non-refundable application fee of twenty-five dollars ($25.00), and shall be filed at least thirty (30) days in advance of the date of the proposed event. Single event licenses shall be valid for the period of the event and at the location specified in the license application. However, such licenses shall not be valid for any period in excess of twenty-four (24) consecutive hours.
(b) Applications for an annual license shall be accompanied by a non-refundable application fee of one hundred dollars ($100.00), and shall be filed at least thirty (30) days in advance of the first proposed event. Annual licenses shall only be valid for the location specified in the license application. Annual licenses shall be valid for one (1) calendar year from their date of issuance and must be renewed annually to remain in effect.
(c) The application fee and license required by this article shall be in addition to any business license and fee which may be required by chapter 19 of the Tucson Code. The granting of a license under this section shall not be deemed evidence or proof that the licensee has complied with the requirements and provisions of chapter 19 of the Tucson Code.
(d) The fee requirements of this section shall be waived if the dance is sponsored, organized, supervised, conducted and controlled exclusively by a non-profit, tax-exempt organization recognized by the United States of America as exempt from federal income taxation pursuant to the Internal Revenue Code, 26 U.S.C., section 501 as now existing or hereafter amended. For the purposes of this section, "conducted and controlled exclusively" means that the dance is under the exclusive planning and direction of duly elected or appointed officers or committees of the tax-exempt organization or institution, and that after payment of expenses all of the proceeds collected as admission fees or cover charges go directly to charitable purposes or to the treasury of the tax-exempt organization or institution.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 4, 1-14-02)
(a) No license shall be issued or renewed if the applicant or licensee:
(1) Is not eighteen (18) years of age or older;
(2) Made any false statement or failed to answer any question in the application;
(3) While licensed under this article, has had such license revoked within the previous two (2) years;
(4) Has been convicted or found responsible of a violation of this article within one (1) year immediately preceding the application;
(5) Has been convicted within the five (5) years preceding the application of a felony or misdemeanor drug, non-motor vehicle related alcohol, or sex crime as enumerated in this Code, Arizona Revised Statutes, the United States Code, or any such offense outside the State of Arizona that would be classified as one (1) of the above offenses if committed within the State of Arizona.
(6) Fails to demonstrate that a sufficient number of security personnel will be employed to provide crowd and traffic control during the event and dispersal at the conclusion thereof, including security for parking areas used for the event, as may be required by the chief of police per section 7-366.
(b) No license shall be issued or renewed:
(1) If the proposed location of the dance hall is within five hundred (500) feet of any private residence in the city;
(2) If the proposed location is not in conformity with applicable zoning regulations, as determined by the director of planning per section 7-352(b);
(3) If the proposed location is not in conformity with applicable building code and fire code regulations, including regulations concerning occupant load, building egress, ventilation and sanitation as determined by the director of the development services center and the chief of the fire department per section 7-352(b).
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 5, 1-14-02; Ord. No. 10571, § 3, 8-6-08)
(a) A licensee shall conduct business only at the address shown on the license. Each additional place of business shall require a separate license.
(b) All licenses issued under this article shall be nontransferable as to 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 (1) location to another, provided the licensee remains the same and the new location meets the requirements of this article.
(c) The police department, fire department, development services center, planning department, state or county health departments, the director of finance or authorized representative, or any peace officer may enter and inspect the licensed premises at any time the premises are occupied or open for business.
(d) The licensee shall post a copy of the license and a copy of the occupant load card at a clearly visible location at each entrance to the premises during all hours of operation.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 6, 1-14-02)
The director of finance shall revoke a license issued under this article when:
(1) The licensee is convicted or found responsible for two (2) or more violations of this article committed within a one (1) year period.
(2) A location supervisor or other employee of the licensee is convicted or found responsible for two (2) or more violations of this article committed within a one (1) year period. The licensee shall be notified in writing by the police department whenever a location supervisor or other employee is cited for a violation of this article. Notice shall be given to the licensee within ten (10) days of the charge being filed. The provisions of this subsection regarding license suspension shall not apply in the absence of such notification.
(3) The applicant or licensee 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.
(4) The licensee has been convicted, since the license was issued, of a felony or misdemeanor drug, non-motor vehicle related alcohol, or sex crime as enumerated in this Code, Arizona Revised Statutes or the United States Code, or any such offense outside the State of Arizona that would have been classified as one (1) of the above offenses if committed within the State of Arizona.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 7, 1-14-02)
(a) The director of finance, upon notification by the chief of police that grounds for revocation exist, shall file a written petition for revocation with the city court, requesting that a time and place be set for a hearing and specifying the grounds for revocation per section 7-356. 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 to revoke. The special limited magistrate 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 fail 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 therefore 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 7-352(d). The special limited magistrate 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 special limited magistrate's signing of the written notice of the decision. A licensee's right to do business under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of a 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 the appeal must be filed no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of 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. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94)
(a) No person conducting or operating a class A dance hall shall permit, either by act or omission, any person under the age of thirteen (13) or over the age of seventeen (17) years to enter or remain upon the premises, except a parent or legal guardian accompanying a person under the age of seventeen (17) years, and except bona fide employees of the licensee conducting or operating such dance hall.
(b) No person conducting or operating a class B dance hall shall permit, either by act or omission, any person under the age of eighteen (18) years to enter or remain upon the premises, except bona fide employees of the licensee conducting or operating such dance hall.
(c) The licensee shall post the age restrictions in a clearly visible location at each entrance to the premises.
(d) Any person who shall by affirmative misrepresentation of age obtain admission to or permission to remain in any dance hall in violation of this section shall be guilty of a misdemeanor.
(e) Any person who knowingly or recklessly permits a person to enter or remain in any dance hall in violation of this section shall be guilty of a misdemeanor.
(f) (Reserved)
(g) The age restrictions imposed by this section shall not apply to governmental employees in the performance of their duties.
(h) No person shall conduct or operate a Class A and Class B dance hall simultaneously.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 8, 1-14-02; Ord. No. 10571, § 4, 8-6-08)
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