Sec. 7-361. Liquor establishments; cigarette machines and sales.

   (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)

Sec. 7-362. Prohibited activities.

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)

Sec. 7-363. Additional responsibilities; responsibility for patron conduct.

   (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)

Sec. 7-364. Penalty; violation declared a nuisance; assessment of administrative charge.

   (a)   Whenever in this article any act is prohibited or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this article is a civil infraction unless specifically declared to be a misdemeanor. Each day such violation continues shall be a separate offense.

   (b)   A violation of any provision of this article that constitutes a civil infraction is declared to be a public nuisance, and in addition to any other penalties specified in this article, is punishable in accordance with chapter 8 of this City Code.

   (c)   A person convicted or found responsible of a violation of this chapter either after trial or pursuant to a plea agreement shall be assessed an administrative charge to cover all or part of the costs and expenses directly incurred by the city in the investigation, enforcement and abatement of the violation. The administrative charge shall be assessed, collected and deposited in the same manner as the administrative charge for persons convicted of a violation of A.R.S. § 28-1381 as set forth in section 8-6.6 of this Code, except that the amount of the administrative charge shall be determined by the court after reviewing evidence provided by the city documenting the actual costs and expenses directly incurred in the investigation, enforcement and abatement of the violation. The costs and expenses incurred by the police when closing down a dance hall operation pursuant to section 7-366(b) shall be included in the administrative charge. An assessment imposed pursuant to this section shall not exceed two thousand dollars ($2,000.00) for a single incident.

(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94; Ord. No. 9658, § 14, 1-14-02)

Sec. 7-365. After hours operation.

Nothing contained in this article shall be construed to permit the operation of establishments in violation of sections 11-17 or 11-18.

(Ord. No. 7831, § 1, 6-1-92; Ord. No. 8322, § 1, 7-5-94)

Sec. 7-366. Authority of the chief of police; security; closure of operations.

   (a)   The chief of police is authorized to require the employment of a sufficient number of security personnel to provide crowd and traffic control during the event and dispersal at the conclusion thereof. In determining the security requirements, the chief of police shall consider the following criteria:

   (1)   The location of the event;

   (2)   The number of patrons expected to attend;

   (3)   The ages of the patrons;

   (4)   The history of complaints, citations and arrests at the location for excessive noise, unruly or disorderly conduct, criminal damage or vandalism, drug and alcohol offenses, acts of violence, and other civil or criminal violations;

   (5)   The event's impact on traffic congestion, both vehicular and pedestrian, and the need for traffic control;

   (6)   The availability at the time of the event of peace officers to police and protect lawful participants in the event;

   (7)   Whether the concentration of persons and vehicles at the event will prevent or impede the response of emergency services, including police protection, fire protection, or ambulance service;

   (8)   The nature of the surrounding neighborhood and the likelihood of interference from and to other businesses in the area.

   (9)   The applicant shall be required to provide security personnel for crowd and traffic control and patron security in any parking areas used for the event, at a level as determined by the chief of police.

   (b)   The chief of police is authorized to cause a dance hall to close down operations and disperse all patrons for the remainder of the daily operation whenever disorderly or unlawful patron conduct presents a clear threat to the public safety and well-being of the patrons and general public in the vicinity, or whenever the dance is operating in violation of this Chapter or any other statute or ordinance, including Title 4 of the Arizona Revised Statutes.

(Ord. No. 9658, § 15, 1-14-02; Ord. No. 10571, § 5, 8-6-08)

Sec. 7-367. Provisions severable.

   It   is hereby declared to be the intention of the mayor and council that the sections, paragraphs, sentences, clauses and words of this ordinance are severable, and if any word, clause, sentence, paragraph or section of this ordinance, or its application to any person or circumstance, shall be declared unconstitutional or invalid for any reason by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs, and sections of this ordinance, since the ordinance would have been enacted by the mayor and council without the incorporation in this ordinance of any such unconstitutional or invalid word, clause, sentence, paragraph or section, and also shall not affect any constitutional and valid applications of this ordinance to any other person or circumstance.

(Ord. No. 9658, § 16, 1-14-02)

Secs. 7-368--7-400. Reserved.