Last Modified on 05/07/2009 09:05:48Chapter 7 AMUSEMENTS*
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Cross references: Recovery of costs at events requiring second response by police, § 2-45.1; alcoholic beverages, ch. 6; businesses, ch. 10; privilege and excise taxes, ch. 14; License Appeal Board, § 19-12 et seq.; minors, ch. 22; gambling, § 23-77 et seq.; tents, ch. 33; zoning ch. 41.
State law references: General police power, A.R.S. §§ 9-499.01, 9-240(B)(29).
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Article I. In General
Sec. 7-1. Interpretation and purpose.
Sec. 7-2. Scope.
Sec. 7-3. Definitions.
Sec. 7-4. Chapter exclusions; public property; certain dancehalls; nonprofit associations and educational institutions; certain pool halls; certain theaters.
Sec. 7-5. Compliance; penalties.
Sec. 7-6. Amusements to be conducted in lawful manner.
Sec. 7-7. Investigation to determine violation; requests for investigation.
Article II. Licenses
Sec. 7-8. License requirement.
Sec. 7-9. Applications– Forms; fees.
Sec. 7-9.01. Application; additional requirements.
Sec. 7-10. Privilege license and use taxes.
Sec. 7-11. Application– Processing and approval by departments.
Sec. 7-12. Application– Approval and grounds for denial; appeal of denial.
Sec. 7-13. Fee schedule.
Sec. 7-14. Fees– Disposition; refunds.
Sec. 7-15. Fees– Proration.
Sec. 7-16. Age of licensee.
Sec. 7-17. Licensees to conform to City Clerk regulations.
Sec. 7-18. License– Term; time of payment; renewal period and penalty; nontransferability.
Sec. 7-19. Display of identification tags and licenses; replacement upon destruction.
Sec. 7-20. Suspension, revocation, termination of license; grounds and procedure; appeal.
Sec. 7-20.1. Business succession and liability.
Sec. 7-20.2. Consent agreements.
Sec. 7-20.3. Civil sanction.
Sec. 7-20.4. Jurisdiction of the court.
Sec. 7-20.5. Commencement of a civil action.
Sec. 7-20.6. Admission or denial of allegation in a civil complaint; hearing; findings of court; civil sanction.
Sec. 7-20.7. Appeal of court decision.
Article III. Additional Regulations for Particular Amusements
Sec. 7-21. Toilet facilities; security.
Sec. 7-22. Reserved.
Sec. 7-23. Teenage dancehalls– Taxi dancers.
Sec. 7-24. Reserved.
Sec. 7-25. Pool halls; attendant; juveniles; hours of operation; security; management; fencing; lighting.
Sec. 7-26. Reserved.
Sec. 7-27. Rides.
Sec. 7-28. Coin-operated game machines.
Sec. 7-29. Teenage dancehalls[– License; operation].
Sec. 7-30. Reserved.
Sec. 7-30.1. Reserved.
Sec. 7-31. Reserved.
ARTICLE I.
IN GENERALSec. 7-1. Interpretation and purpose.
In interpretation and application, the provisions of this ordinance shall be held to promote the interest, health, comfort, convenience, safety, general welfare, and morals of the public and to collect all license fees for all establishments and devices covered under the provisions of this ordinance.
(Ord. No. G-1964, § 3)
Sec. 7-2. Scope.
It is not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance. Where this ordinance imposes a greater restriction on persons or things covered under the provisions of this ordinance than is imposed or required by such existing provisions of law, the provisions of this ordinance shall control.
(Ord. No. G-1964, § 3)
Sec. 7-3. Definitions.
(a) Act of violence: An incident consisting of a riot, brawl or a disturbance, in which bodily injuries are sustained by any person and such injuries would be obvious to a reasonable person, or tumultuous conduct of sufficient intensity as to require the intervention of a peace officer to restore normal order, or an incident in which a weapon is brandished, displayed or used.
(b) Amusement: Any establishment or device for which a license fee is set forth in section 7-13 of this chapter.
(c) Board: License Appeals Board.
(d) Business premises: All area controlled or utilized by the licensee in connection with the operation of the licensed business, including all parking areas, driveways, and walkways under the licensee's control or made available for customer use. This definition applies irrespective of whether the area is open or accessible to the public.
(e) City Clerk: The City Clerk Department of the City of Phoenix or her designee.
(f) Coin-operated game machine: Any machine, device or apparatus in a business opened to the public which is used as a game or contest of any description or for entertainment or which may be used for any such game or contest or for entertainment and the operation or use of which is permitted, controlled, or made possible by the deposit or placing of any coin, plate, disc, slug, key, currency, or any other device into any slot, crevice, or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device, or apparatus used or offered for use by children for rides or as a hobby horse, or by any person for playing or rendering music or as a test of strength or endurance.
(g) Concession: Any game or business open to the public and operated for profit in which an individual pays a fee for participation and may receive a prize.
(h) Conviction: Entry of judgment of guilt by the court of original jurisdiction.
(i) Fraternal organization: An association with more than one hundred bona fide members. The association shall own, maintain or operate club quarters within the City of Phoenix and be authorized and incorporated to operate as a nonprofit club under the laws of this State and have been continuously incorporated and operating for a period of not less than one year. The association shall have had during such period of one year a bona fide membership with regular meetings conducted at least once each month and the membership shall be and shall have been actively engaged in carrying out the objects of the association. Membership dues shall be payable monthly, quarterly or annually, and shall be recorded by the secretary of the association. The association shall qualify for exemption from the payment of State income taxes under the provisions of A.R.S. tit. 43 (A.R.S. § 43-101 et seq.), it being the intent of this definition that any exemption of this chapter shall apply only to a bona fide association which has not been primarily formed or activated to evade the provisions of this chapter.
(j) Game center: Any enclosed or indoor establishment open to the public wherein are operated more than five coin-operated game machines used for the purpose of amusement or entertainment.
(k) Person: An individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver or syndicate.
(l) Person financially interested: As used in this chapter the term "person financially interested" shall include for a corporation any person who is an officer or a director of a corporation or a shareholder holding more than ten percent of the shares thereof and for a noncorporate business shall include any person who shares in the profits of the business on the basis of gross or net revenue but not including any person who receives a portion of such gross or net revenue in return for the privilege of permitting any other persons to maintain any amusement in their place of business.
(m) Pool hall: Any establishment open to the public which rents or makes available for a consideration six or more billiard or pool tables.
(n) Repeated acts of violence: Two or more acts of violence occurring within any seven consecutive calendar days or three or more acts of violence occurring within any thirty consecutive calendar days.
(o) Ride: Any amusement device where a charge is made to the public for the privilege of riding in or on any mechanical device, and where the purpose of the ride is to amuse and entertain, including, but not limited to, such things as merry-go-rounds, whips, Ferris wheels, roller coasters, and other similar devices.
(p) School: Any regularly organized nonprofit, charitable, or religious institution providing solely educational curricula for its students which curricula is taught by competent instructors.
(q) Shill: One who poses as a patron or acts as a decoy in an amusement.
(r) Skill game: Any game, contest, or amusement of any description in which the dominating element of the outcome of the game, contest, or amusement is the judgment, skill, or adroitness of the participant in the contest, and not chance.
(s) Spirituous liquor: Any alcohol, brandy, whisky, rum, tequila, mescal, gin, wine, port, ale, beer, malt liquor, malt beverage, absinthe, or compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol and any liquid mixture or preparation, whether patented or otherwise, which produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume.
(t) Teenage dancehall: An establishment open to persons under eighteen years of age unaccompanied by adults, where music is furnished for the purpose of dancing at which an admission or minimum fee is charged. A teenage dancehall includes the building or pavilion or other place provided for dancing together with all surrounding premises used for parking or any other activity or purpose related to the dancing operation.
(Ord. No. G-1964, § 3; Ord. No. G-1974, § 1; Ord. No. G-3202, § 1; Ord. No. G-3565, § 1; Ord. No. G-3566, § 1; G-3569, § 1; Ord. No. G-3570, § 1; Ord. No. G-3571, § 1; Ord. No. G-3599, § 1; Ord. No. G-3600, § 1; Ord. No. G-3601, § 1; Ord. No. G-3610, § 1; Ord. No. G-3611, § 1; Ord. No. G-3683, § 6; Ord. No. G-3922, §§ 1, 2, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4409, §§ 1, 2, passed 2-6-2002, eff. 3-8-2002)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 7-4. Chapter exclusions; public property; certain dancehalls; nonprofit associations and educational institutions; certain pool halls; certain theaters.
(a) The provisions of this chapter shall not apply to any device or establishment located upon any property owned by the United States of America, the State of Arizona, or Maricopa County. In addition, the provisions of this chapter shall not apply to any device or amusement taking place upon property owned by the City of Phoenix unless the device or establishment is privately owned or privately operated in which case the provisions of this chapter shall apply.
(b) The provisions of this chapter shall not apply to teenage dancehalls wherein dances are conducted and controlled exclusively by charitable or religious institutions, fraternal organizations or public or private schools and wherein dances are under the exclusive planning and direction of duly elected or appointed officers or committees of such institutions, organizations or schools and whereby after payment of expenses all of the proceeds collected as admission fee or cover charge therefor go directly to charitable or welfare purposes or directly into the treasury [of] such institutions, organizations or schools.
(Ord. No. G-1964, § 3; Ord. No. G-3571, § 2; Ord. No. G-3598, § 1; Ord. No. G-3599, § 2; Ord. No. G-3922, § 3, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4409, § 3, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-5. Compliance; penalties.
(a) No person shall fail to comply with any of the provisions of this chapter.
(b) Any violation of any of the provisions of this chapter shall be deemed a Class 1 misdemeanor. Every person shall be deemed guilty of a separate offense for each and every day such person violates any of the provisions of this chapter.
(Ord. No. G-1964, § 3; Ord. No. G-3270, § 3)
Sec. 7-6. Amusements to be conducted in lawful manner.
Each person having charge of any amusement shall at all times conduct such amusement in a lawful manner and in such a manner as to not endanger the health or safety of the City of Phoenix, its inhabitants, or the users of the amusement. A violation of any law, ordinance or regulation in conducting any amusement is a violation of this chapter.
(Ord. No. G-1964, § 3)
Sec. 7-7. Investigation to determine violation; requests for investigation.
(a) The Police Chief and the City Clerk or any of their duly authorized agents may enter in a lawful manner the premises in which amusements regulated pursuant to this chapter are being conducted, and in so doing may attend, witness, visit, and investigate any and all of the performances, exhibitions, amusements, or attractions therein and thereon. In addition, the Police Chief and the City Clerk or any of their duly authorized agents may inspect in a lawful manner buildings in which amusements regulated pursuant to this chapter are performed to determine whether or not there exist any violations of this chapter.
(b) The City Clerk or the Police Chief may request any other department in the City to make an investigation to determine whether or not amusements are being operated in compliance with the Phoenix City Code.
(Ord. No. G-1964, § 3; Ord. No. G-3683, § 7)
ARTICLE II.
LICENSES*------------
Cross references: Business succession and liability law, § 13-4 et seq.
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Sec. 7-8. License requirement.
No person shall commence, practice, transact or carry on a business involving any amusement without first having applied for and procured a license as provided for in this chapter.
(Ord. No. G-1964, § 3)
Sec. 7-9. Applications– Forms; fees.
(a) An application for a license pursuant to this chapter shall be made on forms furnished by the City Clerk and shall be fully completed. Each application shall be accompanied by an application fee as provided in Section 7-13. An additional application pursuant to this section is not required for each additional machine that a licensee has licensed if the additional machines to be licensed are similar to those already licensed.
(b) Unless otherwise provided in this chapter, the application shall contain the following information about the applicant, any person financially interested in the business to be licensed, any authorized local agents, and any managing employee of the business to be licensed:
(1) Full legal name and any name by which the person is or has been known.
(2) Date and place of birth.
(3) Driver's license if available.
(4) Fingerprints.
(5) A current photograph.
(6) Any prior felony or misdemeanor conviction except minor traffic violations.
(7) Home and business address and telephone number.
(8) Any revocation or suspension of a license issued pursuant to this chapter, including any consent agreement entered into pursuant to this chapter.
(9) The names of any local authorized agent who will be managing or operating the amusement at the indicated location and proof of their authority to act on behalf of the corporation.
(10) When an agent or other authorized representative is making application on behalf of any prospective licensee, the name, address, and telephone number of a local agent authorized to conduct daily business shall be required in addition to authority to act on behalf of the prospective licensee.
(11) An applicant from out-of-State shall be required to provide the name of a statutory agent.
(12) Except for corporations listed on the major stock exchanges, the names and addresses of all persons financially interested in the business. In the event that a "person financially interested" in the applicant business is a corporation, the owner shall provide the names and addresses of all persons financially interested in that corporation.
(13) Such information requested by the City Clerk to determine the truth of the information required to be set forth in the application as set forth above.
(c) Any change in the information required to be provided above concerning the local authorized agent or the applicant shall be reported to the City Clerk's office within ten days of the change. All other information must be updated at the time of the renewal of the license.
(d) All persons regulated pursuant to this chapter must comply with this section within thirty days of the effective date of the ordinance.
(e) The City Clerk is authorized to receive criminal history record information for the purpose of evaluating the fitness of applicants for all of the license types listed in Section 7-13.
(Ord. No. G-1964, § 3; Ord. No. G-2755, § 1; Ord. No. G-3683, § 8; Ord. No. G-3922, § 4, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4543, §§ 1, 2, passed 10-1-2003, eff. 10-2-2003)
Sec. 7-9.01. Application; additional requirements.
A. No license shall be issued to an individual if the individual does not present any of the following documents to the City Clerk indicating that the individual's presence in the United States is authorized under Federal Law:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A driver license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States Visa.
7. An I-94 Form with a photograph.
8. A United States citizenship and immigration services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood
12. A tribal or Bureau of Indian Affairs Affidavit of Birth.
B. This section does not apply to an individual, if all of the following apply:
1. The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country.
2. The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits.
(Ord. No. G-5224, § 4, adopted 9-3-2008, eff. 9-3-2008)
Sec. 7-10. Privilege license and use taxes.
No provision of this chapter shall be construed to avoid payment of the privilege license and use tax in accordance with chapter 14 of the Code of the City of Phoenix.
(Ord. No. G-1964, § 3)
Sec. 7-11. Application– Processing and approval by departments.
Every application filed pursuant to this chapter will be processed by such entities as designated by administrative order of the City Clerk as are necessary to determine if the applicant has complied with all requirements for the issuance of an amusement license under the provisions of this chapter. These orders shall be uniform for each type of license.
(Ord. No. G-1964, § 3; Ord. No. G-3683, § 9)
Sec. 7-12. Application– Approval and grounds for denial; appeal of denial.
(a) Applications for licenses shall be approved by the City Clerk unless:
(1) The applicant fails to meet the requirements of this chapter;
(2) The applicant will not be operating the amusement to be licensed in conformance with laws and regulations, zoning, building safety, or health;
(3) The applicant is a corporation or limited liability company and is not qualified to transact business in the State of Arizona.
(4) The applicant has deliberately falsified a material question on his application.
(5) The applicant is applying for any amusement license and the owner of the amusement, any member, partner, person financially interested, managing employee, or local authorized agent of the applicant has within the past five years been convicted of a felony or misdemeanor involving moral turpitude that relates to the activity to be licensed or has, within two years preceding the date of the issuance of a license, violated any of the provisions of this chapter while conducting any amusement regulated by this chapter.
(b) Appeals from the denial of a license provided for in this chapter shall be taken to the License Appeal Board in accordance with the procedures in article II of chapter 19 of the Phoenix City Code, provided that any challenge of a decision to deny a license for violation of a consent agreement entered into pursuant to this article shall be by way of special action in the Superior Court only.
(Ord. No. G-1964, § 3; Ord. No. G-3610, § 2; Ord. No. G-3683, § 10; Ord. No. G-3922, § 5, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4409, § 4, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-13. Fee schedule.
The application and license fees shall be as provided in this section. The first period license fee is due prior to issuance of the license.
License Type Application Fee License Fee Coin Operated Game Machine $110.00 $3.00 minimum monthly fee. Amount of the monthly fee is determined by applying the rate schedule according to the maximum number of machines in use at one time. Rate Schedule: $1.50 per machine. (One time only: $5.00 per game initially for tagging) Concession Games $110.00 $12.50 per day per game Game Center $160.00 $20.00 semiannually Pool Hall $160.00 $20.00 semiannually per non-coin-operated table Ride $110.00 $20.00 semiannually per ride (One time only: $1.00 per ride initially for tagging) Teenage Dance Hall $270.00 $150.00 semiannually In addition to the application fee provided in this section, the applicant shall pay the City Clerk the fee established by the Director of the Arizona Department of Public Safety for the processing of state noncriminal justice fingerprints. This fee shall be paid for each person required to submit fingerprints pursuant to Subsection 7-9(b).
(Ord. No. G-1964, § 3; Ord. No. G-1974, § 2; Ord. No. G-2197, § 3; Ord. No. G-2491, § 2; Ord. No. G-2758, § 2; Ord. No. G-3012, § 2; Ord. No. G-3131, § 2; Ord. No. G-3238, § 2; Ord. No. G-3336, § 2; Ord. No. G-3565, § 2; Ord. No. G-3566, § 2; Ord. No. G-3569, § 2; Ord. No. G-3570, § 2; Ord. No. G-3571, § 3; Ord. No. G-3599, § 3; Ord. No. G-3600, § 2; Ord. No. G-3601, § 2; Ord. No. G-3610, § 3; Ord. No. G-3611, § 2; Ord. No. G-3758, § 1; Ord. No. G-4100, § 1, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 2, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4350, § 1, passed 5-16-2001, eff. 7-1-2001; Ord. No. G-4409, § 5, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4503, § 1, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4543, § 3, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4556, § 1, passed 11-19-2003, eff. 11-19-2003; Ord. No. G-4682, § 3, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-5161, §§ 3, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5273, § 1, adopted 11-20-2008, eff. 12-12-2008; Ord. No. G-2331, § 4, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that the fees in this section as amended by Ord. No. G-5331, are effective Oct. 1, 2009.
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Sec. 7-14. Fees– Disposition; refunds.
Unless provided otherwise in this chapter, all fees for applications collected under the provisions of this chapter shall be paid in advance and be retained by the City Treasurer who shall place the funds in the excise funds of the City of Phoenix upon receipt. In the event no license is issued, the application fee shall be applied to cover the costs of processing such application. In the event a license is revoked, suspended, or terminated, or in the event the amusement is discontinued after being licensed, no refund of any portion of any of the fees paid for the application or the license shall be made.
(Ord. No. G-1964, § 3; Ord. No. G-4409, § 6, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-15. Fees– Proration.
All license fees for initial licenses issued pursuant to this chapter in which the fee is set forth in section 7-13 on a semiannual basis may have the license fee prorated to the nearest month between July 1 and the next following December 31, or between January 1 and the next following June 30, whichever is applicable. Other license fees shall not be prorated.
(Ord. No. G-1964, § 3)
Sec. 7-16. Age of licensee.
All individuals who apply for a license under this chapter shall be at least 18 years of age.
(Ord. No. G-1964, § 3)
Sec. 7-17. Licensees to conform to City Clerk regulations.
(a) The City Clerk is authorized to enact regulations to implement the provisions of this chapter.
(b) All licensees under this chapter shall comply with all regulations of the City Clerk which are issued pursuant to the provisions of this chapter.
(Ord. No. G-1964, § 3; Ord. No. G-3683, § 11)
Sec. 7-18. License– Term; time of payment; renewal period and penalty; nontransferability.
(a) Unless otherwise provided in this chapter, licenses issued pursuant to this chapter shall be for a designated period. This designated period is the period for which the fee is required to be paid as set forth in section 7-13.
(b) Unless otherwise provided in this chapter, all license fees shall be payable in advance. Licenses payable on a semiannual basis shall be payable each six months for six months in advance beginning July 1 to the next following December 31, and beginning January 1 to the next following June 30.
(c) Unless otherwise provided in this chapter, licenses payable on a semiannual basis for which no advance payment has been made shall be renewable only during the thirty days following termination of the designated period. A penalty of ten percent of the license fee shall be assessed when license fees are paid during the renewal period rather than in advance. Operating an amusement after failure to renew the license is unlawful. This section does not apply to new licenses.
(d) Unless provided otherwise in this chapter, licenses issued pursuant to this chapter shall not be transferable between persons, between locations, or between devices and if transferred become null and void.
(Ord. No. G-1964, § 3)
Sec. 7-19. Display of identification tags and licenses; replacement upon destruction.
(a) Identification tags issued pursuant to the provisions of this chapter for a coin operated game machine, ride or other similar device shall be provided by the City and shall not exceed two square inches in size and must be affixed to such device by the operator in a conspicuous place on the device. "Conspicuous place" means a place on the device or the coin box or which can be readily seen while in either the operating or the viewing position.
(b) All licenses issued pursuant to the provisions of this chapter must be displayed in a conspicuous place in the establishment at which the amusement is conducted or carried on.
(c) If any license or tag is destroyed, lost, or defaced, the licensee shall be entitled to a replacement license for a fee of one dollar.
(Ord. No. G-1964, § 3; Ord. No. G-3570, § 3; Ord. No. G-3611, § 3; Ord. No. G-4409, § 7, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-20. Suspension, revocation, termination of license; grounds and procedure; appeal.
(a) Any license issued pursuant to this chapter shall be revoked or suspended upon any one or more of the following grounds:
(1) The licensee, his employee, agent, or any person connected or associated with the license as a member, partner, officer, stockholder or manager, or any "person financially interested" as defined in section 7-3(m) of this chapter has violated any provision of the Phoenix City Code in conducting an amusement licensed under the provisions of this chapter or has been convicted of a violation of the Phoenix City Code, State or Federal law in conducting an amusement licensed under the provisions of this chapter.
(2) The licensee, his employee, agent or any person connected or associated with the license as a member, partner, director, officer, stockholder or manager, or any "person financially interested" as defined in section 7-3(m) of this chapter has knowingly made any false, misleading or fraudulent statement of material fact in the application for any license required in this chapter.
(3) The licensee has been convicted since the issuance of the license of a crime that is either a felony or a crime involving moral turpitude and that relates to the licensed activity.
(4) The licensee is a corporation or a limited liability company and is not or is no longer qualified to transact business in the State of Arizona.
(b) To suspend or revoke a license, the City Clerk shall notify the licensee in writing at the address as shown on the application or otherwise more recently of record, that said license is suspended or revoked. The cause for such suspension or revocation shall be set forth in the notice. A suspended or revoked license shall be surrendered to the City Clerk on demand.
(c) Except as otherwise provided in this chapter, the license shall terminate if the licensee fails to pay any license fee owed either when due or by the end of the renewal period.
(d) Appeals from the suspension, revocation, or termination of a license as provided for in this chapter may be taken to the License Appeal Board in accordance with the procedures in article II of chapter 19 of the Phoenix City Code.
(e) A license suspension shall not exceed sixty calendar days. In ordering a suspension under this section, the City Clerk shall consider the following factors as may be applicable in the exercise of her discretion: prior warnings given, date of violation, earlier violations, duration of licensure, circumstances of the violation or conviction and their connection to the regulatory purpose of the licensing scheme, punishment imposed for earlier violations or convictions, cooperation with City licensing or law enforcement personnel, investment in business, number of employees, knowledge of City regulations, and other aggravating or mitigating circumstances relating directly to the violation or conviction.
(Ord. No. G-1964, § 3; Ord. No. G-3569, § 3; Ord. No. G-3570, § 4; Ord. No. G-3610, § 4; Ord. No. G-3611, § 4; Ord. No. G-3683, § 12; Ord. No. G-3922, § 6, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4409, § 8, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-20.1. Business succession and liability.
The provisions of the City of Phoenix Finance Code, article IV, chapter 14, relating to business succession and liability, shall be applicable to all application fees, licenses and license fees imposed under this chapter.
(Ord. No. G-2075, § 4)
Sec. 7-20.2. Consent agreements.
A. The City Clerk may, either before or after the issuance of a notice of suspension or revocation, provide for informal disposition of any matter by consent agreement.
B. The consent agreement provided for by this section may include requirements on the licensee that go beyond the requirements of this article.
C. The consent agreement shall in all cases require the licensee to agree to the appeal provisions of this section.
D. The license of any person violating any of the terms of a consent agreement shall be revoked by the City Clerk for a period of two years by sending a notice of revocation, specifying the violation, to the licensee at his address of record.
E. Notwithstanding any other provision of this article, a notice of revocation issued pursuant to this section may be appealed to the License Appeal Board by filing a notice of appeal pursuant to Article II, Chapter 19 of this Code, provided that the only issue in an appeal authorized by this subsection shall be whether a violation of the consent agreement occurred. The provisions of Section 19-15 of this Code shall apply to a notice of revocation issued pursuant to this section.
F. Except as otherwise provided in this article, all hearings on appeals filed pursuant to this section shall be governed by the rules of the License Appeal Board. If the Board determines that a violation of the consent agreement occurred, the license shall be revoked as originally noticed and immediately surrendered to the City Clerk on receipt of written demand.
G. The revocation of a license after the hearing provided for in this section may be challenged by way of a special action in the Superior Court.
H. A violation of a consent agreement entered into pursuant to this section shall be considered a violation of this chapter.
(Ord. No. G-3922, § 7, passed 6-5-1996, eff. 7-5-1996; Ord. No. G-4571, § 1, passed 1-21-2004, eff. 1-21-2004)
Sec. 7-20.3. Civil sanction.
A. The remedies provided for in this section are cumulative with those provided for in sections 7-5, 7-20, and 7-20.2 of this Code.
B. Any licensee, employee or agent of the licensee, or any other person connected or associated with the license as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in section 7-3, who violates any provision of this article is subject to a civil sanction as follows:
1. For the first violation, five hundred dollars.
2. For a second violation within a period of one hundred eighty days from the date of any other violation, one thousand dollars.
3. For a third, or subsequent, violation within a period of one hundred eighty days from the dates of any two other violations, two thousand five hundred dollars.
C. For purposes of calculating the enhanced penalty of paragraph B of this section only, violations occurring on the same calendar day are considered as one violation.
D. A violation of this article may be used for enhancement under this section without having been the subject of a separate complaint.
(Ord. No. G-3922, § 8, passed 6-5-1996, eff. 7-5-1996)
Sec. 7-20.4. Jurisdiction of the court.
A. Jurisdiction of all proceedings to enforce the provisions of section 7-20.3 of this article is in the Municipal Court of the City of Phoenix.
B. Civil actions to enforce section 7-20.3 of this article may be adjudicated by a judge or court hearing officer.
(Ord. No. G-3922, § 9, passed 6-5-1996, eff. 7-5-1996)
Sec. 7-20.5. Commencement of a civil action.
Any civil action to enforce a civil sanction imposed pursuant to this article shall be commenced and summons shall be issued in accordance with the Local Rules of Practice and Procedure for the City of Phoenix City Court.
(Ord. No. G-3922, § 10, passed 6-5-1996, eff. 7-5-1996)
Sec. 7-20.6. Admission or denial of allegation in a civil complaint; hearing; findings of court; civil sanction.
A. A person served with a civil complaint shall appear at the time and place stated in the summons, or may appear prior to that time, and upon the directions contained in the summons, and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted.
B. If the allegations are admitted, the court shall enter judgment for the City and impose the civil sanction specified in section 7-20.3.
C. If the person denies the allegations of the complaint, the court shall set the matter for hearing. Civil hearings are informal and held without a jury, and the City is required to prove the violation charged by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory privileges relating to privileged communications. If the person elects to be represented by counsel, the person shall so notify the court at least ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the complaint. If the court finds in favor of the City, the court shall enter judgment for the City and impose the civil sanction specified in section 7-20.3.
D. If the person served with a civil complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations of the complaint shall be deemed admitted and the court shall enter judgment for the City and impose the civil sanction specified in section 7-20.3.
(Ord. No. G-3922, § 11, passed 6-5-1996, eff. 7-5-1996)
Sec. 7-20.7. Appeal of court decision.
Any party may appeal the judgment of the court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure– Civil.
(Ord. No. G-3922, § 12, passed 6-5-1996, eff. 7-5-1996)
ARTICLE III.
ADDITIONAL REGULATIONS FOR PARTICULAR AMUSEMENTSSec. 7-21. Toilet facilities; security.
(a) The following amusement establishments licensed under this chapter shall be well lighted and well ventilated and shall have adequate and sanitary toilet facilities for both sexes:
(1) Pool halls;
(2) Skill game and video machine locations;
(3) Teenage dance halls.
(b) The following amusement establishments shall provide such security as may be required by the Chief of Police to insure the protection of the public:
(1) Teenage dancehalls.
(Ord. No. G-1964, § 3; Ord. No. G-1974, § 2; Ord. No. G-3569, § 4; Ord. No. G-3571, § 4; Ord. No. G-3600, § 3; Ord. No. G-3601, § 3; Ord. No. G-3610, § 5; Ord. No. G-3611, § 5; Ord. No. G-4409, § 9, passed 2-6-2002, eff. 3-8-2002)
Sec. 7-22. Reserved.
Editor's note: Section 7-22 was repealed; see Ord. No. G-3601, § 4.
Sec. 7-23. Teenage dancehalls– Taxi dancers.
(a) No person shall be permitted to be employed on a salary, contract or commission basis in any teenage dancehall for the purpose of dancing with patrons of such teenage dancehall.
(b) This section shall not apply to bona fide instructors of dancing regularly employed for the exclusive purpose of giving bona fide instructions in dancing.
(Ord. No. G-1964, § 3; Ord. No. G-3202, § 2; Ord. No. G-3571, § 5)
Cross references: Teenage dancehalls generally, § 7-29; minors, ch. 22.
Sec. 7-24. Reserved.
Editor's note: Section 7-24 was repealed; see Ord. No. G-2222, § 1.
Sec. 7-25. Pool halls; attendant; juveniles; hours of operation; security; management; fencing; lighting.
(a) During the hours that a pool hall is open to the public, the licensee shall provide a person of legal age to be present in the pool hall at all times. No licensee or employee shall permit a juvenile under the age of fourteen years in a pool hall unless such juvenile is accompanied by his parent or legal guardian.
(b) A pool hall shall:
(1) Not knowingly or intentionally conduct or permit to occur at or upon the business premises, any of the following:
(a) An act which would be a violation of any of the provisions of A.R.S. tit. 13 (A.R.S. § 13-101 et seq.).
(b) An act which would be a violation of any of the provisions of the Phoenix City Code.
(2) At all times provide such security as may be necessary to maintain the business premises free from criminal activity.
(3) Not fail to exercise such management over the business premises as is necessary to prevent repeated acts of violence, disorderly conduct, or other unlawful activity.
(4) Mail postage-prepaid via U.S. mail or hand-deliver, to the City Clerk, a detailed report of all acts of violence occurring on the business premises within seven calendar days of the occurrence.
(5) Consistent with otherwise applicable law, erect and maintain a solid fence at least six feet in height separating the business premises from all contiguous property.
(6) Consistent with otherwise applicable law, install and maintain lighting adequate to illuminate all outdoor areas of the business premises.
(c) A pool hall which is located within three hundred feet of the boundary line of the following residential zones, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-4, R-4A, R-5, S-1, and PAD 1 through PAD 15, shall not operate between the hours of 1:00 a.m. and 6:00 a.m.
For purposes of this subsection, the three-hundred-foot measurement shall be made from the nearest point of ingress to, or egress from, the pool hall to the nearest residential zone, measured as could be traveled in the shortest distance by foot remaining outside of, and without passing through or over, any buildings. For purposes of this measurement, private entrances and emergency exits, not ordinarily available to the public for ingress or egress, shall not be considered.
(d) For purposes of this section, the term "pool hall" includes the licensee and any employee, agent, or other person connected or associated with the licensee as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in section 7-3 of this Code.
(Ord. No. G-1964, § 3; Ord. No. G-3922, § 13, passed 6-5-1996, eff. 7-5-1996)
Cross references: Minors, ch. 22.
Sec. 7-26. Reserved.
Editor's note: Section 7-26 was repealed; see Ord. No. G-3565, § 3.
Sec. 7-27. Rides.
(a) Rides shall not be operated between the hours of 1:00 a.m. and 7:00 a.m.
(b) Issuance of ride identification tag.
(1) The owner of any ride to be operated in the City of Phoenix must have the machine identified and tagged before it can be placed for operation in the City.
(2) The owner of the ride must submit the following information about the ride to be licensed and tagged:
(a) The name of the manufacturer;
(b) The type of ride;
(c) The serial number of the ride if it has a serial number.
(3) The tags must be affixed to each machine in a conspicuous place pursuant to 7-19 of this chapter.
(4) Each tag will be issued for a particular ride only. The tags shall not be transferred from ride to ride.
(5) If a tagged ride is sold, the buyer of the ride shall remove any tag placed on the ride by the previous owner and shall have the ride retagged pursuant to this section.
(6) It is a violation of this chapter to either own or have in one's place of business a ride which is not tagged.