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.

ARTICLE XVI. COMMUNITY SPECIAL EVENTS

Sec. 7-401. Regulated.

   (a)   For the purposes of this section, a community special event means an open-air, multi-purpose event with a cultural, social or civic purpose, having a duration not exceeding twenty-four (24) consecutive hours and occurring not more than once per week or if occurring on consecutive days, for a period of time not exceeding fifteen (15) days in a calendar year, the boundaries of which are designated by city action for use by community special event vendors selected as set forth in subsections (b) and (c) below and in which:

   (1)   Public access to certain city streets, alleys, rights-of-way or city facilities is curtailed by city action designating specific portions of streets, alleys, rights-of-way or city facilities to be utilized for a specific time for community special event purposes; and

   (2)   Public access to city sidewalks is curtailed by city action limiting use of such sidewalks to pedestrian traffic and other community special events purposes which do not impede the flow of pedestrian traffic and prohibiting any vending to, from or upon such sidewalks during the specific time set for the community special event.

   (b)   Community special event vendors of alcoholic beverages shall be selected by the community special event sponsor, subject, however, to a reasonable limitation in accord with the size of the community special event and applicable portions of state law and/or city ordinances; however, the city shall, pursuant to its authority under A.R.S. § 4-203.02, approve no more than one (1) alcoholic beverage booth for each eight hundred (800) feet of right-of-way occupied by non-alcoholic beverage vendors.

   (c)   Community special event vendors of products other than alcoholic beverages shall be selected by the community special event sponsor pursuant to a system which is accepted as customary and usual for selecting vendors in the community which may include, but is not limited to, lottery or pre-registration systems.

   (d)   No product, goods, merchandise, service(s), food or beverage shall be sold at a community special event unless the vendor has been selected by the community special event sponsor as provided in subsections (b) and (c) above and the vendor is licensed as a community special event vendor pursuant to section 19-42(2) or is subject to the exemption of subsection (e) below.

(e)   (1)   Every person who is currently licensed by the city under any provision of chapter 19 of the Tucson Code and either: (i) is also selected as a community special event vendor by the community special event sponsor, or (ii) has a permanent place of business operating within the community special event boundaries and is conducting its regular and usual business operations shall not be subject to the prohibitions of (d) above. However, nothing contained in this section shall operate to permit sidewalk vending to, from or upon such city sidewalks designated exclusively for pedestrian traffic and other community special event purposes under subsection (a)(2) above, for the duration of the event.

   (2)   For community special events occurring more than once per week, regular and usual business operations shall mean those types of products and services which have been continuously offered at the permanent place of business within the community special event boundaries for sixty (60) days preceding the first scheduled day of the special event.

   (f)   In the event the provisions of this section conflict with any other provisions of this Code, the provisions of this section shall prevail with respect to any matter relating to community special events.

   (g)   Any person violating the provisions of this section shall have committed a civil infraction and be subject to the penalties provided for such infraction.

(Ord. No. 7959, § 1, 12-14-92; Ord. No. 8575, §§ 1--3, 9-18-95; Ord. No. 9693, § 2, 4-15-02; Ord. No. 10448, § 13, 9-5-07, eff. 1-1-08)

Secs. 7-402--7-409. Reserved.