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)