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(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)
A licensee shall designate a person or persons as a location supervisor and register their names with the chief of police not less than forty-eight (48) hours prior to the start of business. Registration of the location supervisors shall be in writing on a form approved and provided by the chief of police. The licensee shall complete a new registry and provide it to the chief of police whenever the person or persons so designated change, and must provide the new registry to the chief of police not less than forty-eight (48) hours prior to the start of business. Location supervisors shall be at least twenty-one (21) years of age. At least one (1) location supervisor must be on the premises of the location during its hours of operation and remain for at least thirty (30) minutes after the close of business to assure the closing is conducted in an orderly manner. A copy of the completed registry showing the name of the supervisor or supervisors on duty shall be maintained on the premises and shall be provided to any peace officer, or other person authorized to inspect the premises, upon request.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 9, 1-14-02)
(a) The licensee shall notify the chief of police of the hours of operation of the dance hall. Notification shall be made through the application form for those locations having regular hours of operation or for single events. Locations whose hours of operation are not regular, or who deviate from the hours stated in the application, shall notify the chief of police of an intended activity subject to this article not less than forty-eight (48) hours prior to the start of the activity. Such notification must be made in writing on a form approved and provided by the chief of police. The licensee shall operate a dance hall only during those hours specified in the application or notice to the chief of police.
(b) No Class A dance hall shall operate during the hours between 12:00 a.m. (midnight) and 5:00 a.m.
(c) No person shall conduct or operate a Class B dance hall less than twelve (12) hours after the completion of a Class A dance hall at the same location.
(Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 10, 1-14-02)
(a) At locations that are also licensed liquor establishments, all alcoholic beverages shall be covered or removed from sight during the time the location is in operation and all liquor signs and advertisements shall be covered, removed, or turned off.
(b) Sales of cigarettes on the licensed premises shall not be made while the location is in operation. Any cigarette machines on the licensed premises shall be disabled sufficiently so cigarettes may not be purchased from them while the location is in operation. This provision shall not apply to Class B dance halls.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 11, 1-14-02)
Licensees, location supervisors and employees shall not:
(1) Allow the buying, selling, or consumption of alcoholic beverages anywhere on the licensed premises or outside of the licensed premises in areas over which the licensee has the legal right to control access;
(2) Allow intoxicated persons to enter or remain on the licensed premises or outside of the licensed premises in areas over which the licensee has the legal right to control access;
(3) Allow the buying, selling, or consumption of controlled substances as defined by federal or state statutes anywhere on the licensed premises or outside of the licensed premises in areas over which the licensee has the legal right to control access;
(4) Allow persons under the influence of drugs to enter or remain on the licensed premises or outside of the licensed premises in areas over which the licensee has the legal right to control access;
(5) Allow persons in possession of a deadly weapon, except for persons authorized by law, to enter or remain on the licensed premises or outside of the licensed premises in areas over which the licensee has the legal right to control access after being requested by the licensee to check such weapons. It shall be mandatory for licensees to make such a request of persons entering the licensed premises.
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 12, 1-14-02)
(a) The licensee, location supervisor and/or other employee shall:
(1) Observe all laws applicable to noise abatement, particularly those contained in this Code;
(2) Control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct by such patrons upon the premises or areas immediately adjacent thereto over which the licensee has the legal right to control access;
(3) Cause the orderly dispersal of persons from the vicinity of the regulated premises at closing time, and not allow them to congregate on the premises or areas immediately adjacent thereto over which they have the legal right to control access in a disorderly fashion.
(4) Prevent persons who are not permitted to enter the licensed premises because of their age, or otherwise, from congregating or loitering outside of the licensed premises in those areas over which they have the legal right to control access, except as is reasonably necessary to drop off or pick up a patron of the dance hall.
(b) The licensee, location supervisor and/or other employee shall not allow the occupant load of a dance hall to exceed the maximum limit stated on the certificate of occupancy or occupant load card issued by the development services center.
(c) The licensee, location supervisor and/or other employee shall provide and maintain safe and rapid means of egress from the premises during all hours of operation, as required by the building and fire codes.
(d) The licensee, location supervisor and/or other employee shall maintain all ventilation and sanitation requirements, as provided by the applicable building codes, during the operation of the event.
(e) The licensee, location supervisor and/or other employee shall take immediate action to correct any unsafe condition after notice of such a condition is provided by any person conducting an inspection authorized by section 7-355(c).
(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 13, 1-14-02)
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