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ARTICLE XVI.
COMMUNITY SPECIAL EVENTS
COMMUNITY SPECIAL EVENTS
(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)
ARTICLE XVII.
LATE NIGHT RETAIL ESTABLISHMENTS
LATE NIGHT RETAIL ESTABLISHMENTS
For purposes of this article, the following definitions shall apply:
Chief of police means the Chief of Police of the City of Tucson, or the chief of police's authorized designee(s).
Director of development services means the Director of Development Services of the City of Tucson, or the director's authorized designee(s).
Exempt establishment means any of the following:
(1) An establishment that sells prescription drug items;
(2) An establishment that sells spirituous liquor for consumption on the premises.
(3) A restaurant or similar establishment, including a fast food restaurant, that derives fifty (50) percent or more of its annual gross revenue solely from the sale of food or beverage items that are intended for consumption on the premises (including take-out or to-go food or beverage items).
(4) An establishment that is solely or primarily a laundromat;
(5) A hotel, motel or other lodging facility;
(6) Fully automated retail establishments that have no employees on the premises.
Late night retail establishment means a retail establishment that is not an exempt establishment under this article and that meets all of the following criteria:
(1) During all or any part of the period between 11:00 p.m. and 6:00 a.m., on any or all day(s) of the week:
a. Is open for the purpose of sales to the public of any late night retail item(s); and
b. Has one or two employees working on the premises during that period;
(2) Derives twenty-five (25) percent or more of its annual gross revenue from the sale of any late night retail item(s), singly or in combination;
(3) Has fewer than five thousand (5,000) square feet of indoor retail floor space, calculated after excluding storage areas, cash register/clerk service areas, and any other areas to which the establishment does not normally grant the public access.
By way of illustration and not of limitation, convenience stores, liquor stores, self- service gasoline stations, and full-service gasoline stations that meet the above criteria are late night retail establishments.
Late night retail item means any of the following:
(1) Food or beverage items that are either intended for consumption on the premises (including take-out or to-go food or beverage items) or that are sold in their original package or container for home consumption.
(2) Spirituous liquor;
(3) Cigarettes or other tobacco products;
(4) Household products, which shall include, but not necessarily be limited to, laundry and cleaning supplies, charcoal, lighter fluid, pet food, paper goods, school supplies, insecticides, batteries, motor oil and light bulbs;
(5) Nonprescription medications, health aids, first aid items, vitamins and protein supplements;
(6) Soaps, cosmetics and grooming items;
(7) Newspapers and magazines;
(8) Bottled water and ice;
(9) Arizona lottery tickets;
(10) Motor fuel, including but not necessarily limited to gasoline.
Spirituous liquor shall have the same meaning it has in Title 4, Arizona Revised Statutes or any successor provision(s).
(Ord. No. 8066, § 1, 6-14-93)
Effective ninety (90) days from the date of enactment of this article, the following permanent safety measures shall be required of any late night retail establishment operating within the city limits of the City of Tucson:
(1) All glass on doors, and all glass that lies above thirty-six (36) inches from the floor of the late night retail establishment and below eighty-four (84) inches from the floor of the late night retail establishment, shall be free of all signage, posters, merchandise displays or window coverings. This requirement shall not apply to non-advertising signs or notices that are:
a. Required by any provision(s) of federal, state or local law to be placed within the areas set forth above; or
b. Intended to deter or reduce late night retail establishment crime or otherwise to promote the safety of employees and the general public.
However, with respect to exception (a), the chief of police may require such modifications (including but not necessarily limited to repositioning or reduction in size) as do not conflict with such federal, state or local provision(s) and will minimize the negative effect of the sign or notice on an observer's view into the establishment. With respect to exception (b), if the chief of police finds that the size or placement of any particular sign or notice unreasonably obstructs or otherwise affects an observer's view into the establishment, the chief of police may order that the sign or notice be repositioned, reduced in size, or otherwise modified, or may order its removal.
(2) All doors through which the late night retail establishment normally grants the public access shall be equipped with height markers showing feet and half-feet measured from the floor.
(3) The owner or operator of the late night retail establishment shall provide and operate an employee safety and crime prevention training program for its employees.
All employees of the late night retail establishment who enter into employment subsequent to the ninetieth day from the date of enactment of this article shall, within thirty (30) days of entering into employment, complete the training program. All employees of the late night retail establishment who have entered into employment prior to or on the ninetieth day from the date of enactment of this article shall complete the training program within one hundred eighty (180) days from the date of enactment of this article; provided that, where a late night retail establishment has provided an employee with safety and crime prevention training within one (1) year prior to the date of enactment of this article, as demonstrated by written records, the late night retail establishment shall not be required to repeat the training for that employee.
(4) The late night retail establishment shall be equipped with a minimum of one (1) properly installed, positioned, operated and maintained security camera, which shall be capable, under the normal lighting and operating conditions at the particular establishment, of recording and reproducing a color photographic image of persons at or near the cash register of sufficient clarity and recognizability for suspect identification and for introduction in evidence at a criminal trial or hearing, notwithstanding any enlargement or other necessary technical processing of the original image.
If a still camera is used, it shall, in addition to meeting the preceding requirements, be capable of being tripped from the cash register or by other electronic means and thereafter recording a series of images, and, unless otherwise specifically approved by the chief of police, shall be appropriately concealed.
Late night retail establishments shall modify their cash register layout and display racks, and modify, reduce or supplement their counter or overhead indoor lighting, as necessary to meet the requirements of this paragraph.
The chief of police is authorized to and shall promulgate rules and regulations for the implementation of this paragraph, including but not limited to technical specifications for security cameras, their film or videotape, their necessary ancillary equipment and accessories, and their maintenance and operation.
No late night retail establishment shall be in compliance with this article unless its security camera system also conforms to such rules and regulations.
(Ord. No. 8066, § 1, 6-14-93)
(a) All late night retail establishments operating within the city limits of the City of Tucson shall, under appropriate permit from and inspection by the department of development services, install, and thereafter operate from one-half ( 1/2) hour before sunset to one-half ( 1/2) hour after sunrise, exterior lighting that is in conformity with the following:
(1) All applicable City Codes, including the "Tucson/Pima County Outdoor Lighting Code, 1987 Edition", as adopted in Ordinance No. 6786, or any successor provision(s); and
(2) The Illuminating Engineering Society of North America's recommendations for Maintained Horizontal Illuminances for the General Parking and Pedestrian Area of Open Parking Facilities with a Medium Level of Activity, as specified in the IES Lighting Handbook, Applications Volume (1987) or any successor provision(s).
(b) The exterior lighting required under subsection A shall, at a minimum, be provided to any outside area that lies either within a 50-foot perimeter around the late night retail establishment, or within the property line of the premises owned or leased by the late night retail establishment, whichever is less.
(c) All late night retail establishments shall have exterior lighting that is in compliance with this section not later than eighteen (18) months from the date of enactment of this article.
(Ord. No. 8066, § 1, 6-14-93)
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