Official Web Site of the City of Phoenix

Phoenix - All America City - 2009

Chapter 10 BUSINESSES*

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Cross references: Advertising, ch. 3; cable television licenses, ch. 5; telecommunications service providers, ch. 5B; alcoholic beverages, ch. 6; amusements, ch. 7; business succession and liability law, § 13-4 et seq.; privilege and excise taxes, ch. 14; licenses, ch. 19; License Appeal Board, § 19-12 et seq.; sale of glue containing toxic substances restricted, § 23-51; sale of aerosol paint containing toxic substances restricted, § 23-51.1; bootblacks, §§ 23-86, 23-87; pawnshop hours of operation, § 23-92; smoking regulations, § 23-101 et seq.; placing merchandise on street or sidewalk, § 31-11; street and sidewalk vending, § 31-22 et seq.; regulation of business of painting street addresses on curbs, § 31-110 et seq.; taxicabs and limousines, § 36-201 et seq.; weights and measures, ch. 38; zoning, ch. 41.
State law references: Police power, A.R.S. §§ 9-499.01, 9-240(B)(29); general licensing authority, A.R.S. §§ 9-499.01, 9-240(B)(18), (B)(19).
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Article I. Reserved
Secs. 10-1– 10-12. Reserved.
Article II. Auto Courts
Sec. 10-13. Register– Required.
Sec. 10-14. Register– Examination by police.
Sec. 10-15. Minors.
Article III. Massage Practitioners, Massage Establishment Managers and Massage Establishments
Sec. 10-16. Definitions.
Sec. 10-17. City Clerk– Duties.
Sec. 10-18. Massage therapists; licensing of massage establishments required; exclusions.
Sec. 10-19. New license or permit application; fee.
Sec. 10-20. Massage establishment license application; contents; separate license; husband and wife; business hours.
Sec. 10-20.1. Controlling person and designated agent applications; contents.
Sec. 10-20.2. Manager permit application; contents.
Sec. 10-20.3. Information update.
Sec. 10-21. License and permit application investigation.
Sec. 10-22. Massage establishment license; special requirements.
Sec. 10-23. Reserved.
Sec. 10-23.1. Manager permit; special requirements.
Sec. 10-23.2. Applications; additional requirements.
Sec. 10-24. Display of license or permit; retention and inspection of records.
Sec. 10-25. Change of location.
Sec. 10-25.1. Expiration of license or permit; renewal.
Sec. 10-25.2. Reserved.
Sec. 10-25.3. Other unlawful activities; general penalty.
Sec. 10-25.4. Revocation, suspension or nonrenewal of license or permit; grounds.
Sec. 10-25.5. Denial, revocation or nonrenewal of license or permit; appeal.
Sec. 10-25.6. Reserved.
Sec. 10-25.7. Reserved.
Sec. 10-25.8. Reserved.
Secs. 10-26– 10-32. Reserved.
Article IV. Reserved
Article V. Swap Meet Operations
Sec. 10-33. Definitions.
Sec. 10-34. License required.
Sec. 10-35. Display of license; duration and renewal; transfer; proration of fee.
Sec. 10-36. Fee schedule.
Sec. 10-37. Application– Forms; fees; issuance.
Sec. 10-37.01. Application; additional requirements.
Sec. 10-38. Processing by City departments.
Sec. 10-39. Revocation or suspension of license; appeal.
Sec. 10-40. Owner or operator duties; records inspection and retention.
Sec. 10-41. Report of swap meet participants; swap meet participant duties.
Sec. 10-41.1. Failure to provide information by swap meet participant; consequences.
Sec. 10-42. Trading area.
Sec. 10-43. Exemptions.
Sec. 10-44. Reserved.
Article VI. Reserved
Secs. 10-45– 10-50. Reserved.
Article VII. Reserved
Secs. 10-51– 10-58. Reserved.
Article VIII. Motion Pictures or Television Productions
Sec. 10-59. Definitions.
Sec. 10-60. Permits and exemptions.
Sec. 10-61. Requirements and duties; rules.
Sec. 10-62. Applications and issuance.
Sec. 10-63. Bonds and insurance.
Sec. 10-64. Fees.
Sec. 10-65. Hearings.
Article IX. Alarm Systems
Sec. 10-66. Applicability.
Sec. 10-67. Definitions.
Sec. 10-68. Phoenix Police Department responsibilities.
Sec. 10-69. Alarm business duties.
Sec. 10-70. Alarm subscriber's duties.
Sec. 10-71. Proprietor alarm responsibilities.
Sec. 10-72. License required; administration; duration; duplicate license.
Sec. 10-72.1. Types of licenses; reciprocity.
Sec. 10-72.2. Alarm business license applications; contents.
Sec. 10-72.3. Alarm agent license applications.
Sec. 10-72.4. Fees; display of licenses.
Sec. 10-72.5. Renewal of license.
Sec. 10-72.6. Issuance; grounds for denial.
Sec. 10-73. Suspension or revocation; grounds.
Sec. 10-73.1. Suspension or revocation procedure; hearing.
Sec. 10-73.2. Review and appeals.
Sec. 10-73.3. Application after denial or revocation of license.
Sec. 10-73.4. Termination and cancellation of license; notice.
Sec. 10-74. Reserved.
Sec. 10-75. Warning notice.
Sec. 10-76. Police review of false alarms.
Sec. 10-76.01. False alarm prevention program.
Sec. 10-77. Appeal procedures.
Sec. 10-78. Alarm systems operation prohibitions.
Sec. 10-79. Grace period.
Sec. 10-80. Regulations.
Sec. 10-81. Prohibition of automatic or prerecorded messages or signals directly to the City of Phoenix; exception.
Sec. 10-81.01. Reserved.
Sec. 10-82. Consent agreements.
Sec. 10-83. Background investigation; fingerprints.
Sec. 10-84. Vision obscuring devices and alarm systems; requirements and responsibilities.
Sec. 10-85. False activation of vision obscuring device or alarm system; assessments; permit revocation.
Sec. 10-86. Confidentiality.
Sec. 10-86.01. Alarm subscriber permits.
Sec. 10-86.02. Reserved.
Article X. Escorts and Escort Bureaus
Sec. 10-87. Definitions.
Sec. 10-88. Nonprofit corporation or organization exemptions.
Sec. 10-89. Escort bureau, license required; adult cabaret exception.
Sec. 10-89.1 Escorts; identification card issuance; revocation; appeal; information update.
Sec. 10-90. License and identification card term; nontransferability.
Sec. 10-91. Application for escort bureau license; contents; required fees.
Sec. 10-91.01. Application; additional requirements.
Sec. 10-92. Escorts, unlawful to work as.
Sec. 10-93. Escort identification card; possession and display.
Sec. 10-94. Escort bureau duties.
Sec. 10-94.A. Advertising without a license.
Sec. 10-95. Information update.
Sec. 10-96. Underage clients prohibited; exception.
Sec. 10-97. Renewal of licenses.
Sec. 10-98. Fees.
Sec. 10-99. Revocation of license, grounds and procedure; appeal.
Sec. 10-99.1. Voluntary termination of license.
Sec. 10-100. Applicability of regulations to existing businesses.
Sec. 10-101. Effective date.
Secs. 10-102– 10-120. Reserved.
Article XI. Reserved
Secs. 10-121– 10-130. Reserved.
Article XII. Sexually Oriented Businesses
Sec. 10-131. Definitions.
Sec. 10-132. Classification.
Sec. 10-133. License, permit, or identification card required.
Sec. 10-134. Issuance of license.
Sec. 10-134.01. Issuance of manager's permit.
Sec. 10-134.02. Issuance of adult cabaret performer identification card; fee required; change in information; revocation.
Sec. 10-134.03. Temporary work authorization; licensee qualification; qualification revocation; hearing.
Sec. 10-134.04. Applications; additional requirements.
Sec. 10-135. Fees.
Sec. 10-136. Inspection.
Sec. 10-137. Expiration of license and permit; voluntary termination of license or permit; effect of license renewal on suspension or revocation.
Sec. 10-138. Suspension.
Sec. 10-139. Revocation of license.
Sec. 10-139.01. Revocation of permit.
Sec. 10-140. Hearing; judicial review; consent agreements; stay of enforcement.
Sec. 10-141. Transfer of license; limitation on number of licenses in operation; hours of operation.
Sec. 10-142. Additional regulations for adult motels.
Sec. 10-143. Regulations pertaining to exhibition of sexually explicit films or videos.
Sec. 10-144. Loitering and exterior lighting and monitoring requirements.
Sec. 10-145. Penalties and enforcement; civil sanctions for adult cabaret performers and other employees.
Sec. 10-146. Injunction.
Sec. 10-147. Applicability of ordinance to existing businesses.
Sec. 10-148. Regulations pertaining to sexually oriented businesses featuring nudity or live performances.
Secs. 10-149. Reserved.
Article XIII. Pawnbroker Transaction Fee
Sec. 10-150. Definitions.
Sec. 10-151. Imposition of fee.
Sec. 10-152. Reporting and payment of fee.
Sec. 10-153. Violations and penalties.
Sec. 10-154. Jurisdiction of Court.
Sec. 10-155. Commencement of a civil action.
Sec. 10-156. Admission or denial of allegation; hearing; findings of court; civil sanction.
Sec. 10-157. Appeal of court decision.
Secs. 10-158, 10-159. Reserved.
Article XIV. Mobile Vending
Sec. 10-160. Definitions.
Sec. 10-161. Mobile vending on private property; mobile vendor license required; manager for each site required; designated agent required; name used; display of privilege license tax number required.
Sec. 10-162. Application fee; license fee; duration; renewal.
Sec. 10-163. License applications; display; transfer; information update.
Sec. 10-163.01. Application; additional requirements.
Sec. 10-164. License revocation, suspension, denial; procedure; appeal.
Sec. 10-165. Consent agreements.
Sec. 10-166. Mobile vending operations on private property; restrictions.
Sec. 10-167. Mobile food vendors; exemptions; restrictions.
Sec. 10-168. Reserved.
Sec. 10-169. Exemptions.
Sec. 10-170. Enforcement independent of other officials.
Sec. 10-171. Violations and penalties.
Sec. 10-172. Jurisdiction of Court.
Sec. 10-173. Commencement of civil action.
Sec. 10-174. Appeal of City Court decision.
ARTICLE I.
RESERVED*
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Editor's note: Article I was repealed; see Ord. No. G-3613, § 1.
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Secs. 10-1– 10-12. Reserved.
ARTICLE II.
AUTO COURTS
Sec. 10-13. Register– Required.
It shall be the duty of all operators of auto courts within the City to keep a register of all persons obtaining auto court accommodations, consisting of the name and address of the persons so obtaining accommodations, and the person obtaining such accommodations shall be required to affix his signature to such register.
(Code 1962, § 10-1)
Sec. 10-14. Register– Examination by police.
It shall be the duty of the operator of every auto court to permit the police officers of the City to examine the registration at such time as a request to make such examination is made.
(Code 1962, § 10-2)
Sec. 10-15. Minors.
It shall be unlawful for the operator of any auto court to rent accommodations in such court to any person under the age of twenty-one years, except where such accommodation is requested by an adult person over the age of twenty-one years who shall be required to sign the register for the use and benefit of the minor.
(Code 1962, § 10-3)
Cross references: Minors, ch. 22.
ARTICLE III.
MASSAGE PRACTITIONERS, MASSAGE ESTABLISHMENT MANAGERS AND MASSAGE ESTABLISHMENTS*
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Editor's note: Ordinance No. G-4525, § 1, adopted 6-25-2003, effective 7-25-2003, amended the Title of Art. III from massage practitioners, massage trainees and massage establishments to read as herein setout.
State law references: Physical therapists, A.R.S. § 32-2001 et seq.
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Sec. 10-16. Definitions.
The following words and phrases, wherever used in this Article, shall be construed as defined in this Section unless from the context a different meaning is intended:
1. Applicant means a person who applies for a manager permit or a massage establishment license.
2. Controlling person means any individual who has a twenty percent or greater interest in the ownership or the earnings of the business.
3. Designated agent means the individual designated by the applicant to receive City notices pursuant to this Article.
4. Employ means to hire, or to engage or authorize the services of, without regard to compensation, any individual, on a full-time, part-time, or contract basis, whether or not the person employed, hired or engaged is denominated an employee, independent contractor, trainee, student or otherwise.
5. Knowingly means, with respect to conduct or a circumstance described in this Article, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
6. Licensee means the person who applied for a massage establishment license and in whose name a license has been issued by the City Clerk pursuant to this Article.
7. Manager means an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this Article.
8. Massage or touching techniques means any of the following named subjects and methods of treatment intended for use upon or in connection with the human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, table or cabinet baths; colon irrigation; herbal wraps; and touching procedures upon the external parts of the body by use of the hands, forearms, elbows, knees or feet, or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement.
9. Massage establishment means any place of business or establishment wherein any of the subjects or methods of treatment listed in paragraphs 8 or 12 are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed in paragraphs 8 or 12.
10. Massage practitioner means a person who practices or administers any of the subjects or methods or treatment listed in paragraphs 8 or 12 for a fee, income or compensation of any kind within the City of Phoenix.
11. Massage therapist means a person who is licensed pursuant to Chapter 42 of Title 32 of the Arizona Revised Statutes to engage in the practice of massage therapy.
12. Massage therapy means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits:
a. The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head.
b. The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices.
c. Any combination of range of motion, directed, assisted or passive movements of the joints.
d. Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin.
13. Permittee means the person in whose name a permit has been issued by the City Clerk pursuant to this Article.
14. Practice of massage therapy means the application of massage therapy to any person for a fee or other consideration. Practice of massage therapy does not include the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law.
15. Private anatomical areas means the genitals, perineum, and anal region of any person and the area of the breast that includes the areola and the nipple of any female person.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 1; Ord. No. G-4525, § 1, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 1, adopted 11-16-2005, eff. 1-1-2006)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-17. City Clerk– Duties.
It shall be the duty and responsibility of the City Clerk of the City of Phoenix or her designee to administer the provisions of this Article; and pursuant to this duty the City Clerk or her designee shall issue, renew, deny, suspend or revoke massage establishment licenses and manager permits as required by this Article.
(Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 2; Ord. No. G-3683, § 16; Ord. No. G-4525, § 2, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 2, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-18. Massage therapists; licensing of massage establishments required; exclusions.
A. It is unlawful for any person to practice or in any manner to claim to practice massage therapy without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage therapist license as required by Chapter 42, Title 32, Arizona Revised Statutes.
B. It is unlawful for any person to conduct or operate a massage establishment without first obtaining and maintaining in effect a current, unrevoked and unsuspended massage establishment license as required by this Article.
C. It is unlawful for any person licensed as provided in this Article to operate under any name or conduct business under any designation not specified in such license.
D. It is unlawful for any massage establishment licensed as provided in this Article to conduct business at any location not specified in such license.
E. The provisions of Subsection B shall not apply to a place of business or establishment wherein all persons offering massage or touching techniques or massage therapy are licensed as either a barber, aesthetician, cosmetologist, or nail technician pursuant to Title 32, Arizona Revised Statutes, and who practice within the scope of that person's license.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 3; Ord. No. G-4525, § 3, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 3, adopted 11-16-2005, eff. 1-1-2006; Ord. No. G-5196, § 1, adopted 7-2-2008, eff. 8-1-2008)
Sec. 10-19. New license or permit application; fee.
A. Any person desiring to obtain a massage establishment license or manager permit shall make separate application to the City Clerk on the form provided by the City Clerk for that purpose. The City Clerk shall refer the application for each applicant, controlling person and designated agent to the Chief of Police, or his designee, for appropriate investigation.
B. The application shall be accompanied by a non-refundable fee of:
1. Fifty dollars when the application is for a massage establishment license.
2. Sixty-five dollars when the application is for a manager permit.
C. After approval and prior to the issuance of a massage establishment license, the applicant shall pay a first year license fee of thirty dollars.
D. In addition to the fee required by subsection B, the applicant, each controlling person and the designated agent for a massage establishment license 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, after the first person, required to submit fingerprints pursuant to Section 10-20 or Section 10-20.1.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2197, § 5; Ord. No. G-2461, § 1; Ord. No. G-2491, § 4; Ord. No. G-3012, § 6; Ord. No. G-3131, § 6; Ord. No. G-3238, § 6; Ord. No. G-3336, § 3; Ord. No. G-3624, § 4; Ord. No. G-3683, § 17; Ord. No. G-3758, § 2; Ord. No. G-4100, § 2, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 3, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4350, § 2, passed 5-16-2001, eff. 7-1-2001; Ord. No. G-4503, § 2, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4525, § 4, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4543, § 4, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4682, § 4, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4752, § 4, adopted 11-16-2005, eff. 1-1-2006; Ord. No. G-4794, § 3, adopted 5-3-2006, eff. 7-1-2006; Ord. No. G-4909, § 1, adopted 5-30-2007, eff. 6-29-2007; Ord. No. G-5161, §§ 4, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5331, § 5, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that the rates in subsection 10-19(B)(2) of this section as amended by Ord. No. G-5331, are effective Oct. 1, 2009.
Sec. 10-20. Massage establishment license application; contents; separate license; husband and wife; business hours.
A. Each applicant for a massage establishment license shall submit, as applicable, the following:
1. The full legal name, business name, business phone number, legal form of applicant, current residential phone number, and current residence or legal address of the applicant.
2. Physical description, and date and place of birth.
3. Any other names by which the applicant has been known.
4. The address at which the applicant desires to do business.
5. The applicant's mailing address for purposes of receiving City notices and other licensing correspondence relating to the applicant, the licensee, or the enforcement of this Article.
6. Business hours.
7. All residence addresses for the five-year period prior to the date of application, and the dates of residence at each.
8. The name or names of all managers and the designated agent.
9. The name or names of all controlling persons.
10. Applicant's business, occupation and employment history for the five-year period immediately preceding the date of application, including addresses and dates of employment.
11. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of eighteen years.
12. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation.
13. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for such convictions.
14. The applicant's complete fingerprints, recorded by the Police Department.
15. The articles of incorporation, articles of organization, or certificate of limited partnership, together with any amendments thereto, for the applicant, as applicable.
16. A list of services to be offered by the massage establishment.
17. A clearly legible sketch or diagram showing the configuration of the overall business premises that includes:
a. The location of all interior doors, walls, curtains and room dividers.
b. A description of the use of each interior space or room, including a designation, by type of use, of each room or space available for massage or touching techniques or massage therapy by the applicant.
c. A designation of each room or space that is being, or is intended to be, leased, subleased or licensed for use by any person other than the applicant and a description of its intended and actual use.
d. A designation of each room or space that is being, or is intended to be, leased, subleased, or licensed for use by any person other than the applicant for purposes of offering massage or touching techniques or massage therapy and a description of its intended and actual use.
e. The location of the business license required to be displayed pursuant to subsection 10-24(A).
The sketch or diagram need not be professionally prepared but shall be drawn on one page measuring 8 1/2 inches by 11 inches with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. For purposes of this paragraph (A)(17), a "wall" shall include any interior barrier, including transparent glass, that extends more than fifty-four inches from the level of the finished floor.
18. Such other identification and information as the City Clerk may require in order to discover the truth of the matters above required to be set forth in the application.
B. A separate license shall be required for each room or space on the business premises of a massage establishment that has been designated pursuant to this Section as available for lease, sublease or license by any other person, and is otherwise required to be licensed as a massage establishment pursuant to this Article.
C. A single license shall be issued to an applicant that consists of a husband and wife.
D. The business hours submitted pursuant to this section may not be between 12:00 midnight and 6:00 a.m.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 5; Ord. No. G-4525, § 5, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 5, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-20.1. Controlling person and designated agent applications; contents.
Each controlling person and the designated agent for a massage establishment applicant shall submit the following:
1. Full legal name, physical description and date and place of birth.
2. Any other names by which the applicant has been known.
3. Current residence address.
4. All residence addresses for the five-year period immediately prior to the date of application, and the dates of residence at each.
5. All employment for the five-year period preceding the date of application with dates and addresses for each.
6. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the controlling person or designated agent has reached the age of eighteen years.
7. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each.
8. The controlling person's or designated agent's complete fingerprints, recorded by the Police Department.
9. The business license history of the controlling person or designated agent; whether the controlling person or designated agent, while operating in this or another city or state under license, has had such license revoked or suspended, the reason therfor, and the business activity or occupation subsequent to such suspension or revocation.
10. Such other identification and information as the City Clerk may require in order to discover the truth of the matters above required to be set forth in the application.
(Ord. No. G-4525, § 6, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4607, § 1, passed 5-19-2004, eff. 5-19-2004; Ord. No. G-4752, § 6, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-20.2. Manager permit application; contents.
An applicant for a manager permit shall submit the following:
1. Full legal name, physical description, and date and place of birth.
2. Any other names by which the applicant has been known.
3. Current residence address, mailing address and telephone number.
4. All residence addresses for the five-year period immediately prior to the date of application, and the dates of residence at each.
5. All employment for the five-year period preceding the date of application with dates and addresses for each.
6. Written proof, in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the applicant has reached the age of eighteen years.
7. All felony and misdemeanor convictions, excluding those for civil traffic offenses, and the grounds for each.
8. The business license history of the applicant; whether the applicant, while operating in this or another city or state under license, has had such license revoked or suspended, the reason therfor, and the business activity or occupation subsequent to such suspension or revocation.
9. One digital photograph of the applicant taken by the City at the time of application.
10. Such other identification and information as the City Clerk may require in order to discover the truth of the matters above required to be set forth in the application.
(Ord. No. G-4525, § 7, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 7, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-20.3. Information update.
A. Except as provided in subsections B, C, D and E, any change in the information required to be submitted by this Article shall be submitted to the City Clerk, on the form prescribed by the City Clerk for that purpose, within ten calendar days of any such change.
B. No change in the services offered by a massage establishment shall be made without first providing to the City Clerk a revised schedule of services offered on the form prescribed by the City Clerk for that purpose.
C. No change in the use or configuration of the premises of a massage establishment shall occur until the licensee has submitted notification of that change to the City Clerk on the form prescribed by the City Clerk for that purpose.
D. No addition or substitution of a manager or designated agent shall occur until the licensee has submitted notification of that addition or substitution to the City Clerk on the form or application prescribed by the City Clerk for that purpose.
E. No change in the applicant's mailing address for purposes of receiving City notices and other licensing correspondence relating to the applicant, the licensee, the permittee, or the enforcement of this Article shall occur until the licensee or permittee has submitted notification of that change to the City Clerk on the form prescribed by the City Clerk for that purpose.
(Ord. No. G-4525, § 8, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 8, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-21. License and permit application investigation.
Any applicant, controlling person or designated agent for a license, or any applicant for a permit issued pursuant to this Article shall personally appear at the office of the City Clerk and shall present the application containing the information required by Section 10-20, 10-20.1 or 10-20.2, as applicable. The City Clerk may receive and review the criminal history record information, including conviction and non-conviction data, of license applicants for the purpose of evaluating the fitness of prospective licensees, controlling persons or designated agents in connection with the issuance, renewal, suspension or revocation of a massage establishment license or manager permit. Such information shall be used only for the purpose of such evaluation. The City Clerk shall submit a full set of the applicant's fingerprints to the Arizona Department of Public Safety for the purpose of obtaining a state noncriminal records check pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544. The Police Department shall have a reasonable time within which to investigate the application and background of the applicant, controlling persons and designated agent. Based on such investigation, the Police Department shall recommend to the City Clerk approval or denial of the license.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 6; Ord. No. G-3683, § 18; Ord. No. G-4525, § 9, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4543, § 5, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4752, § 9, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-22. Massage establishment license; special requirements.
A. No massage establishment license shall be issued if the applicant, a controlling person or designated agent has been convicted within the last five years of any felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment licensee, if the application was deliberately falsified, if the applicant, a controlling person or designated agent has an outstanding warrant for his arrest, or if the applicant, a controlling person or designated agent is not in compliance with any provision of this Article.
B. No massage establishment license shall be issued if the applicant, a controlling person or designated agent has been convicted within the last five years of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (Title 13, Arizona Revised Statutes), or by Sections 23-52 and 23-53 of this Code, or any offense committed outside this State or City that if committed in this State or City would constitute a violation of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code or by Sections 23-52 and 23-53 of this Code.
C. An applicant for a massage establishment license, a controlling person or a designated agent for a licensee, a manager, or a licensee shall permit representatives of the Police Department, and any other federal, state, county, or City agency in the performance of any function connected with the enforcement of any code, statute or regulation relating to human health, safety or welfare or structural safety, normally and regularly conducted by such agency, to inspect the premises of a massage establishment for the purpose of ensuring compliance with the law, at any time it is lawfully occupied or open for business. The inspection authorized by this subsection shall be limited to:
1. Those areas of the premises available to patrons, provided that no inspection shall be done of a room occupied by a patron until the patron has been given a reasonable opportunity to dress, gather his personal effects and exit the room.
2. All dressing, toilet, bathing and wash basin facilities.
3. Any location used to disinfect and sterilize equipment as required by subsection D.
4. Any location used to store linens as required by subsection D.
D. A massage establishment licensee shall comply with the following requirements and no massage establishment license shall be issued unless inspection by a City agency or, where appropriate, a county agency, indicates that the site of the establishment complies with each of the following requirements:
1. A readable sign shall be permanently affixed at the main entrance to the business identifying the business as a massage establishment.
2. Lighting of ten foot candles, measured at a height of 30 inches at the approximate center of the room or enclosure, shall be provided in each room or enclosure where services are performed on patrons.
3. Ventilation shall be provided in accordance with the Construction Code of the City of Phoenix.
4. Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in Section 10-16(8) or (12).
5. Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.
6. Closed cabinets shall be provided, and used, for the storage of clean linens.
7. Notwithstanding any other requirement of this Article, a minimum of one shower or tub shall be provided for any establishment offering colon therapy, colonics, or any hydrotherapy services including whirlpool baths, saunas, steam baths, and herbal wraps.
8. Any pool or spa shall be issued a permit and inspected as required by the Construction Code of the City of Phoenix or Maricopa County, as applicable.
9. All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.
10. Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron.
11. All wash basins within an establishment shall have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanently installed dispensers or upon a permanently attached roll dispenser; and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing colon therapy, colonics, or hydrotherapy services, including whirlpool baths, saunas, steam baths and herbal wraps.
12. A locker containing an interior volume of at least .18 cubic feet shall be provided to each patron to be served in either the treatment room or a locker room on the business premises.
E. It is unlawful for any person to knowingly employ any other person to offer massage therapy who does not hold a current, unrevoked and unsuspended massage therapy license issued by the State of Arizona.
F. It is unlawful to employ a massage practitioner whose true name and, if the massage practitioner is also a massage therapist, state-issued massage therapist license number has not been previously provided to the City Clerk on the form prescribed by the City Clerk for that purpose.
G. The name of any person provided to the City Clerk pursuant to subsection F whose employment at the massage establishment has terminated shall be reported to the City Clerk, on the form prescribed by the City Clerk for that purpose, within ten calendar days after termination.
H. A massage establishment licensee shall file with the City Clerk, on the form provided by the City Clerk for that purpose, the name and permit number of each person authorized to fulfill the functions of a manager at the massage establishment. During any period of time that a massage establishment does not have a properly permitted manager recorded with the City Clerk pursuant to this subsection physically located on the business premises, the designated agent shall be responsible for fulfilling the duties of a manager pursuant to this Article.
I. It is unlawful for any person to knowingly employ at a massage establishment a manager who has been convicted within the previous five years of any of the offenses listed in subsection 10-22B.
J. It is unlawful for any person to offer massage or touching techniques or massage therapy in any room or space of the business that has not been specifically identified as a room or space available for those services on the sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20.
K. It is unlawful for any person to offer massage or touching techniques or massage therapy in a room or space designated as leased, subleased or licensed for use by any other person on the sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20.
L. A massage establishment applicant shall be in compliance with the City Zoning Code on the date of application.
M. A massage establishment applicant or licensee shall comply at all times with the City Zoning Code.
N. A massage establishment applicant shall be in compliance with the Construction Code of the City of Phoenix on the date of application.
O. A massage establishment applicant or licensee shall comply at all times with the Construction Code of the City of Phoenix.
P. It is unlawful for any massage establishment to remain open for business, to provide services, to dispatch massage practitioners, or to permit massage practitioners to work off the premises on behalf of that massage establishment at any time between the hours of 12:00 midnight and 6:00 a.m.
Q. No massage establishment shall be open for business during hours that have not been provided to the City Clerk as required by this Article.
R. It is unlawful to employ any person to act as a manager at any massage establishment who is not either licensed as a manager pursuant to this Article or the designated agent for the massage establishment in the records of the City Clerk.
S. Notwithstanding any other provision of this Article, the City Clerk may, in her discretion, delay the granting or denial of a massage establishment license, upon the submission of a complete application, for a period of up to ninety days if there exists, or did exist within the sixty-day period prior to the date the application was first submitted, an active massage establishment license at the location for which the application was submitted and there also exists a Police Department report documenting a violation of this Article at that establishment or a state prosecution of that existing establishment relating to compliance with any of the provisions of this Article. For purposes of this Section, an active massage establishment license includes a license that has been suspended or revoked, provided that a revoked license is no longer active after passage of the period of time for appeal with no appeal taken, or after the License Appeal Board has ruled in the event an appeal is taken and the decision is in the City's favor. Notwithstanding any other provision of this subsection, any license subject to a judicial stay or injunction is an active license.
T. The applicant for any massage establishment license for a location at which a massage establishment license was revoked or suspended within the previous six months shall provide to the City Clerk a sworn statement, in a form prescribed by the City Clerk, verifying that no person not qualified to own, control or manage a massage establishment is involved in the ownership, control or management of the applicant. The City Clerk may also request such documents as are reasonably believed necessary to verify any of the information in the sworn statement. The failure to provide this sworn statement or supporting information shall be cause for denial of the massage establishment application.
U. A massage establishment license shall not be issued for a physical space at which a licensed massage establishment is in operation. For purposes of this subsection, there shall be a rebuttable presumption that a location with an active massage establishment license has a massage establishment in operation.
V. Any massage establishment application that is not in full compliance with this Article sixty days after initial filing shall be denied, provided that the City Clerk may grant an additional period of up to ninety days upon written application, prior to the expiration of the sixty-day period, demonstrating the occurrence of circumstances beyond the applicant's control or other, similar good cause. Nothing in this subsection shall be construed to prevent the City Clerk from denying a license as soon as a legal basis exists to do so.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 7; Ord. No. G-3667, § 1; Ord. No. G-4525, § 10, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 10, adopted 11-16-2005, eff. 1-1-2006; Ord. No. G-5196, § 2, 7-2-2008, eff. 8-1-2008)
Sec. 10-23. Reserved.
Editor's note: Ord, No. G-4752, § 11, adopted Nov. 16, 2005, effective January 1, 2006, repealed § 10-23 in its entirety. Formerly, said section pertained to massage practitioner license; special requirements and derived from Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 8; Ord. No. G-3667, § 2; Ord. No. G-4525, § 11, passed 6-25-2003, eff. 7-25-2003.
Sec. 10-23.1. Manager permit; special requirements.
A. No manager permit shall be issued if the applicant:
1. Has been convicted within the last five years of any:
a. Felony or misdemeanor offense having a reasonable relationship to the operation of a massage establishment;
b. Offense proscribed by Sections 23-52 or 23-53 of this Code; or
c. Offense proscribed by Chapters 14, 32 or 35.1 of Title 13, Arizona Revised Statutes.
2. Deliberately falsified the application.
3. Has an outstanding warrant for his arrest.
4. Was a controlling person or designated agent for a massage establishment license that was revoked within the previous five years for an act or acts that occurred while the controlling person or designated agent was a controlling person or designated agent for the licensee.
5. Is not in compliance with any provision of this Article.
B. A manager shall not knowingly fail to ensure that a massage establishment at which he is employed is in compliance with subsections 10-22(C) through (K), (M), and (O) through (R), and Section 10-24.
(Ord. No. G-4525, § 12, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 12, adopted 11-16-2005, eff. 1-1-2006; Ord. No. G-5224, § 5, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-23.2. Applications; additional requirements.
A. No license or permit 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, § 6, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-24. Display of license or permit; retention and inspection of records.
A. Every person to whom a massage establishment license or manager permit has been granted shall display the license or permit in a conspicuous place upon the business premises that is clearly visible to the general public upon entry to the business.
B. A massage establishment shall maintain on the business premises the following records for each massage practitioner employed by that massage establishment:
1. A copy of the State-issued massage therapy license, if the massage practitioner is also a massage therapist.
2. For every massage therapist who does not possess a state-issued massage therapist license that bears a photograph of the licensee, and for every massage practitioner who is not also a massage therapist, a clearly-legible copy of a current picture identification document issued by a governmental agency.
3. A massage establishment shall maintain the records required by paragraphs 1 and 2 on the business premises for a period of 90 calendar days after the date of last employment of each massage practitioner or massage therapist.
C. A massage establishment shall maintain on the business premises a copy of the most recent sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20.
D. A licensee, manager or employee of a massage establishment shall make the records required to be maintained by paragraphs B(1) and B(2) and subsection C available for inspection upon demand by any law enforcement officer or City regulatory license inspections official, during any period of time that the business premises are open to the public or lawfully occupied.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-4525, § 13, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 13, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-25. Change of location.
A change of location of a massage establishment shall be approved by the City Clerk, provided that the applicant is in compliance with all City ordinances and regulations and a fee of two hundred ten dollars is paid to the City Clerk. Notwithstanding any other provision of this Article, no massage establishment shall be operated or maintained at a location that has not been approved by the City Clerk.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 9; Ord. No. G-3683, § 19; Ord. No. G-4525, § 14, passed 6-25-2003, eff. 7-25-2003)
Sec. 10-25.1. Expiration of license or permit; renewal.
A. A license or permit issued pursuant to this Article shall expire on December 31.
B. Before the first day of January of each year, every licensed massage establishment shall pay to the City Clerk a renewal fee of thirty dollars.
C. Before the first day of January of each year, every permitted manager shall pay to the City Clerk a renewal fee of twenty-five dollars.
D. Any person licensed or permitted pursuant to this Article shall complete a license or permit renewal form as prescribed by the City Clerk.
E. The holder of either an expired manager permit or an expired massage establishment license may, within thirty-one calendar days after the date of expiration thereof, have the license or permit renewed upon payment of the required renewal fee and submittal of the required renewal form.
F. The renewal of a license or permit pursuant to subsection E shall not have retroactive effect.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 10; Ord. No. G-3683, § 20; Ord. No. G-4275, § 4, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4350, § 3, passed 5-16-2001, eff. 7-1-2001; Ord. No. G-4525, § 15, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 14, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-25.2. Reserved.
Editor's note: Ordinance No. G-4525, § 16, passed 6-25-2003, effective 7-25-2003, repealed § 10-25.2 in its entirety. Formerly said section pertained to sale, transfer or expansion and derived from Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 11.
Sec. 10-25.3. Other unlawful activities; general penalty.
A. It is unlawful:
1. For any person to knowingly conduct or operate a massage establishment on the same premises whereon is also conducted or operated a sexually oriented business as defined in this Chapter, an escort bureau as defined in this Chapter, an adult bookstore as defined in the Zoning Ordinance, or a bar, cocktail lounge, photography studio, model studio, art studio, or telephone answering service.
2. For any person, while on the premises of a massage establishment, to knowingly provide or offer to provide any service:
a. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires.
b. In such a manner that the person touches the private anatomical areas of the individual receiving the treatment.
c. While the person providing the treatment is clothed in a manner that fails to cover his or her private anatomical areas with an opaque material.
3. For any person on the premises of a massage establishment to intentionally view a completely or partially disrobed massage establishment client if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage practitioner or the massage establishment client.
4. For any person, while on the premises of a massage establishment, to knowingly ask or direct a patron to:
a. Touch his own anus or genitals.
b. Touch the anus or genitals of any person on the premises or the breasts of any female person on the premises.
c. Expose his genitals or anus to any person on the premises with the intention of appealing to the prurient interest of the massage practitioner or the massage establishment client.
5. For any person, while on the premises of a massage establishment, to knowingly place any part of the body of a patron in direct or indirect contact with the anus or genitals of any other person on the premises or the breasts of any female person on the premises.
6. For any person, while on the premises of a massage establishment, to knowingly offer a patron any service, in exchange for a gratuity or compensation of any description, that does not appear on the schedule of services required by Section 10-20.
7. For any person to knowingly operate or maintain a massage establishment at a location that has not been licensed by the City Clerk.
8. To knowingly provide the services of a manager to a massage establishment without a manager permit.
B. For purposes of this Section, the word touch shall include physical contact that occurs through clothing or by means of any object.
C. Whenever in this Article any act is prohibited or declared to be unlawful, and wherever in this Article 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 Class One Misdemeanor. Each day any such violation continues shall constitute a separate offense. Revocation or suspension of a license or permit shall not be a defense against prosecution.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-1868, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 12; Ord. No. G-4525, § 17, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 15, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-25.4. Revocation, suspension or nonrenewal of license or permit; grounds.
A. The license of a massage establishment or the permit of a manager, may be revoked, suspended or denied renewal upon any one or more of the following grounds:
1. That the licensee, a controlling person, designated agent, or permittee is guilty of fraud in conducting the business of a massage establishment or of fraud or deceit in obtaining a license or permit.
2. That the licensee, a controlling person, designated agent or permittee has been convicted within the last five years in a court of competent jurisdiction of a felony or misdemeanor offense having a reasonable relationship to the functions of a massage establishment or a massage practitioner.
3. That the licensee, a controlling person, designated agent or permittee is guilty of untrue, fraudulent, misleading or deceptive advertising.
4. That the licensee, a controlling person, designated agent or permittee is engaged in the business of massage practitioner, massage manager or massage establishment under a false or assumed name, or is impersonating another practitioner or manager of a like or different name.
5. That the licensee, a controlling person, designated agent or permittee has violated any of the provisions of this Article. This paragraph shall apply regardless of the location at which the violation occurred.
6. That, in the case of a massage establishment, any individual who did not qualify as a controlling person at the time the license was issued has acquired a twenty percent or greater interest in the licensee.
7. That, in the case of a massage establishment, the massage establishment has operated at a location that has not been licensed for use by the massage establishment by the City Clerk.
8. That, in the case of a massage establishment, the licensee has ceased to use the license for purposes of offering massage or touching techniques or massage therapy. The failure to offer massage or touching techniques or massage therapy at a massage establishment for thirty consecutive days shall create a rebuttable presumption that the licensee has ceased to use the license for purposes of offering massage or touching techniques or massage therapy.
9. That, in the case of a massage establishment, the licensee has failed to maintain in the records of the City Clerk the name of an individual as a designated agent who has not been convicted of an offense listed at subsection 10-22(B) within the previous five years.
10. That the licensee, a controlling person, designated agent or permittee has knowingly photographed a customer, while the customer was on the premises of a massage establishment and located within any treatment room, restroom, locker room or dressing room, without the express, written permission of that customer. for purposes of this paragraph the word photographed shall mean the use of any electronic or mechanical device to record, reproduce or transmit an optical image.
B. Notwithstanding the provisions of subsection A of this section, the license of a massage establishment, or the permit of a manager, shall be revoked or denied renewal if the licensee, a controlling person, designated agent or permittee has been convicted within the last five years of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code (Title 13, Arizona Revised Statutes) or by Sections 23-52 and 23-53 of this Code, or any offense committed outside this State or City which if committed in this State or City would constitute a violation of any offense proscribed by Chapters 14, 32, and 35.1 of the Arizona Criminal Code, or by Sections 10-25.3(A)(2) through (A)(6), 23-52 or 23-53 of this Code.
C. Notwithstanding the provisions of subsection A of this section, the license of a massage establishment shall be revoked or denied renewal if on two or more occasions within a twelve month period, the licensee, a controlling person, designated agent, or an agent, employee or independent contractor of the licensee, a controlling person or designated agent, while on the premises of the licensee, commits an offense proscribed by Chapter 14, Chapter 32, or Chapter 35.1 of the Arizona Criminal Code (Title 13, Arizona Revised Statutes), Section 10-25.3, Paragraphs (A)(2) through (A)(6), Section 23-52 or Section 23-53 of this Code. In order to establish the application of this section, the City Clerk is not required to prove that the same person, or category of person, committed both offenses.
D. Notwithstanding the provisions of subsection A of this section, the permit of a manager shall be revoked or denied renewal if:
1. The manager has knowingly hired any person to engage in the practice of massage therapy who did not then possess a valid massage therapist license issued pursuant to Chapter 42, Title 32, Arizona Revised Statutes.
2. A person who does not possess a massage therapist license has provided massage therapy on the premises of a massage establishment, regardless of compensation, while the manager was present at that massage establishment. For purposes of this paragraph, a massage therapist with a suspended massage therapist license is an unlicensed massage therapist.
3. The manager was present on the premises of a massage establishment while two or more violations of paragraph 10-25.3(A) occurred within a consecutive twelve month period on at least two separate calendar days.
For purposes of paragraphs 2 and 3 of this subsection, it shall not be a defense that the licensee, a controlling person, designated agent or another manager was present on the premises at the time of the violation.
4. The manager has knowingly permitted massage or touching techniques or massage therapy to be offered by the licensee in any location of the business not specifically identified as available for such services on the sketch or diagram required to be submitted to the City Clerk pursuant to Section 10-20 or in any location of the business identified as leased, subleased or licensed for use by any person other than the licensee on that same sketch or diagram.
E. To deny, suspend or revoke a license or permit, the City Clerk shall personally serve or mail by certified mail to the licensee's or permittee's address as shown on the application, or otherwise more recently of record, a written notice that said license or permit is denied, suspended or revoked. Personal service may be upon the massage establishment licensee or upon any responsible person at the business address on file with the City Clerk, or at the actual business address, if different. The cause for such denial, suspension or revocation shall be set forth in the notice. A suspended or revoked license or permit shall be surrendered to the City Clerk on demand. An applicant, licensee, or permittee may appeal the denial, nonrenewal, suspension or revocation of a license or permit to the License Appeal Board pursuant to the provisions of Chapter 19, Article III of this Code. If the denial, nonrenewal, suspension or revocation of a license or permit results from a conviction, the applicant, licensee, or permittee shall be given an opportunity upon appeal to explain the circumstances of the conviction or demonstrate why such conviction does not render the applicant, licensee, or permittee unfit for a license or permit.
F. Neither the suspension nor the revocation of a license or permit issued pursuant to this Article shall be affected by the voluntary surrender of that license or permit.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 13; Ord. No. G-3667, § 3; Ord. No. G-3683, § 21; Ord. No. G-4525, § 18, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 16, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-25.5. Denial, revocation or nonrenewal of license or permit; appeal.
A. No massage establishment license shall be issued for one year from the date the denial, revocation or nonrenewal became effective, to an applicant, or to an applicant that has a controlling person or designated agent, who was listed on an application or on a massage establishment license that was denied, denied renewal or revoked pursuant to:
1. Subsections 10-22(C), (E) through (K), (M), and (O) through (R).
2. Paragraphs 10-25.4(A)(5), (6), (7) and (9).
3. Section 10-24.
4. Paragraphs 10-25.3(A)(1), (6), (7) and (8).
5. Subsections 10-18(C) and (D).
B. No massage establishment license shall be issued for one year from the date the revocation became effective to an applicant, or to an applicant that has a controlling person or designated agent, who was listed on a license that was revoked pursuant to subsection 10-22(D).
C. No massage establishment license shall be issued for five years from the date the denial, revocation or nonrenewal became effective, to an applicant, or to an applicant that has a controlling person or designated agent, who was listed on an application or on a massage establishment license that was denied, denied renewal or revoked pursuant to:
1. Subsection 10-22(A) as the result of a conviction, provided, however, that an applicant shall not be granted another license until five years have elapsed from the date of conviction.
2. Subsection 10-22(A) as the result of the deliberate falsification of the application.
3. Subsection 10-22(B), provided that an applicant shall not be granted another license until five years have elapsed from the date of conviction.
4. Paragraphs 10-25.4(A)(1), (3), (4) or (10).
5. Paragraph 10-25.4(A)(2), provided that an applicant shall not be granted another license until five years have elapsed from the date of conviction.
6. Subsections 10-22(C) and (E) through (R) if the denial, revocation or nonrenewal involved fraud, misrepresentation or deceit on the part of the applicant, a controlling person, designated agent or licensee.
7. Subsections 10-25.4(B), (C) and (D).
8. Paragraphs 10-25.3(A)(2) through (5).
D. The denial, revocation or nonrenewal of a manager's permit shall continue for five years if issued pursuant to:
1. Paragraph 10-23.1(A)(1), provided, however, that an applicant shall not be granted another permit until five years have elapsed from the date of the conviction.
2. Paragraph 10-23.1(A)(2).
3. Paragraphs 10-25.4(A)(1), (3), (4), (5), (7), (9) or (10).
4. Paragraph 10-25.4(A)(2), provided, however, that an applicant shall not be granted another permit until five years have elapsed from the date of the conviction.
5. Subsection 10-25.4(B), provided, however, that an applicant shall not be granted another permit until five years have elapsed from the date of the conviction.
6. Subsections 10-25.4(C) and (D).
E. The suspension of a massage establishment license shall continue for a specified period not to exceed one year. No new massage establishment application may be approved, or license or permit granted, for any person, regardless of the percentage of interest that person possesses in the new applicant, who has had a license or permit suspended pursuant to this Article, until the period of that suspension has expired.
F. The fact that a conviction is being appealed or a judgment of guilt is set aside pursuant to A.R.S. § 13-907 shall have no effect on the denial, suspension, revocation or nonrenewal of a license or permit under this Article.
(Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, §§ 14, 15; Ord. No. G-4525, § 19, passed 6-25-2003, eff. 7-25-2003; Ord. No. G-4752, § 17, adopted 11-16-2005, eff. 1-1-2006)
Sec. 10-25.6. Reserved.
Editor's note: Ord. No. G-4525, § 20, passed 6-25-2003, effective 7-25-2003, repealed § 10-25.6 in its entirety. Formerly said section pertained to applicability of regulations to existing businesses and derived from Ord. No. G-1117, § 2; Ord. No. G-1561, § 1; Ord. No. G-2461, § 1; Ord. No. G-3624, § 16; Ord. No. G-3667, § 4.
Sec. 10-25.7. Reserved.
Editor's note: Ord. No. G-4752, § 18, adopted November 16, 2005, effective January 1, 2006, repealed § 10-25.7 in its entirety. Formerly, said section pertained to exemptions and derived from Ord. No. G-1117, § 2; Ord. No. G-1564, § 1; Ord. No. G-2461, § 1; Ord. No. G-4525, § 21, passed 6-25-2003, eff. 7-25-2003.
Sec. 10-25.8. Reserved.
Editor's note: Ord. No. G-4752, § 19, adopted November 16, 2005, effective January 1, 2006, repealed § 10-25.8 in its entirety. Formerly, said section pertained to applicability of regulations to existing businesses and derived from Ord. No. G-4525, § 22, 6-25-2003, eff. 7-25-2003.
Secs. 10-26– 10-32. Reserved.
ARTICLE IV.
RESERVED*
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Editor's note: Article IV was repealed; see Ord. No. G-3567, § 1.
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ARTICLE V.
SWAP MEET OPERATIONS*
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Cross references: Licenses, ch. 19.
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Sec. 10-33. Definitions.
Chief of Police: The Chief of the City of Phoenix Police Department.
City Clerk: The City Clerk of the City Clerk Department of the City of Phoenix or her designee.
Open to the public: The business occupying the space leased or licensed is making its goods or services available for sale to the public.
Owner, operator: The person or persons who control, either directly or through agents, the admission of persons or merchandise into the trading area of a swap meet lot.
Swap meet: The activity carried on at the swap meet lot, and consisting of the admitting of persons into a swap meet lot for the purpose of displaying, exchanging, bartering, buying, selling or bargaining for new or secondhand merchandise.
Swap meet lot: A building, structure, enclosure, lot or other area into which persons are admitted to display, exchange, barter, buy, sell or bargain for new or secondhand merchandise.
Swap meet participant: Any person, other than an owner or operator, who brings goods, wares and merchandise, either new or secondhand, to a swap meet lot for the purpose of displaying, exchanging, bartering, buying, selling or bargaining those goods, wares and merchandise.
(Ord. No. G-743, § 1; Ord. No. G-3683, § 22; Ord. No. G-4011, §§ 2, 3, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, §§ 2, 3, passed 7-2-1997, eff. 8-1-1997)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-34. License required.
It shall be unlawful for any owner or operator to operate within the corporate limits of the City a swap meet lot without first having obtained a license as provided in this Article.
(Ord. No. G-743, § 1; Ord. No. G-4011, § 4, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 4, passed 7-2-1997, eff. 8-1-1997)
Sec. 10-35. Display of license; duration and renewal; transfer; proration of fee.
(a) A license issued under the provisions of this Article shall be displayed in a conspicuous place.
(b) All licenses, unless specifically excepted, shall be issued for a period of one year and shall run from January 1 in each calendar year to December 31 next following when they may be renewed, provided that no license shall be renewed unless the licensee conforms with the provisions of this Article. Licenses issued under this Article shall not be transferable.
(c) All licenses issued pursuant to this Article during a license year may have the license fee prorated to the next month except that the license fee shall not be less than the application fee for said license.
(Ord. No. G-743, § 1)
Sec. 10-36. Fee schedule.
The following fees shall be charged for applications and licenses for the operation of a swap meet lot:
Application Fee: One hundred thirty-five dollars.
License Fee: One hundred seventy-five dollars, annually.
(Ord. No. G-743, § 1; Ord. No. G-2197, § 7; Ord. No. G-2491, § 5; Ord. No. G-2758, § 3; Ord. No. G-3336, § 5; Ord. No. G-3758, § 3; Ord. No. G-4011, § 5, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 5, passed 7-2-1997, eff. 8-1-1997; Ord. No. G-4100, § 3, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 5, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4682, § 5, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4909, § 1, adopted 5-30-2007, eff. 6-29-2007; Ord. No. G-5161, §§ 5, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5331, § 6, 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.
Sec. 10-37. Application– Forms; fees; issuance.
A. An application for a license under this Article shall be made on forms furnished by the City.
B. Every application shall be accompanied by a nonrefundable application fee in the amount provided in Section 10-36.
C. The application shall be granted unless the applicant is not in compliance with any provision of this Article or the Zoning Ordinance.
(Ord. No. G-743, § 1; Ord. No. G-2197, § 8; Ord. No. G-5224, § 7, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-37.01. 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, § 8, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-38. Processing by City departments.
Every application filed pursuant to this Article shall be processed promptly by such City departments as shall be designated through administrative order.
(Ord. No. G-743, § 1)
Sec. 10-39. Revocation or suspension of license; appeal.
The City Clerk, whenever she has knowledge or it is brought to her attention that any person licensed under this Article has violated, or is violating, any of the provisions of this Article, shall cite such person to appear before her on a day certain to show cause why his license should not be suspended or revoked. Such citation shall state the duty of the person cited to appear personally at the time and place and shall be served in the manner prescribed by law. It shall be the duty of the person cited to appear personally at the time and place named in the citation. He shall have the right at such hearing to be represented by counsel, to introduce witnesses on his behalf and, at his own expense, to have the testimony given at such hearing transcribed. If, after such hearing, the City Clerk determines that there is a good and sufficient reason for the suspension or revocation of the cited person's license, she shall enter an order effective immediately to such effect and so notify the cited person by registered mail. If the person cited is dissatisfied with the order of the City Clerk, he may appeal to the License Appeal Board. The method and procedure of such appeal and duties of the Board are outlined in article II, chapter 19 of this Code.
(Ord. No. G-743, § 1; Ord. No. G-3683, § 23)
Sec. 10-40. Owner or operator duties; records inspection and retention.
A. The owner or operator of a swap meet shall:
1. Deliver the forms identified by Section 10-41 of this Article to each swap meet participant prior to the swap meet participant's entry into the swap meet lot.
2. Note on the form identified by Section 10-41(A) of this Article the time of entry of each swap meet participant into the swap meet lot.
3. Require each swap meet participant to complete the forms required by, and in compliance with, Section 10-41 of this Article.
4. Require each swap meet participant to deliver the original of the reports required by Section 10-41 to the swap meet owner or operator in compliance with that section.
5. Prohibit a swap meet participant from operating on its swap meet lot who has not completed the reports as required by Section 10-41 of this Article and delivered them to the owner or operator as required by that section.
B. The reports and records identified by Sections 10-40(J) and 10-41 of this Article, all leases, licenses or other agreements entered into by the owner or operator with a swap meet participant to operate at the swap meet lot, and any owner or operator admission records shall be made available for reasonable inspection by any City of Phoenix license inspector or peace officer of this State when the business premises are lawfully occupied and during normal business hours. The reports and records required by this section, and any leases, licenses or other agreements identified by this section, shall be retained on the business premises of the owner or operator for a period of twelve months, provided that an owner or operator may deliver the reports required by Section 10-41(A) of this Article to the Phoenix Police Department at any time ninety days after the form has been completed as required by that subsection.
C. The owner or operator shall verify the information required pursuant to subsections 10-41(A) and (B) of this Article within two hours after the swap meet participant has entered the swap meet lot.
D. Verification of the full name and date of birth of the swap meet participant shall be from an unexpired driver's license or unexpired identification license issued by any state, provided that the license includes a photograph of the licensee; an armed forces identification card; a valid unexpired government-issued passport which contains a photograph of the person and the date of birth; or an identification card issued by the Immigration and Naturalization Service of the United States Department of Justice which contains a photograph of the person and date of birth.
E. Verification of the date of entry, general description of merchandise, and signature shall be by physical observation.
F. Verification of an unexpired privilege tax account number, if provided by the swap meet participant on the form required by Section 10-41 of this Article, shall be from the original or a copy of an unexpired City of Phoenix issued license in the name of the swap meet participant.
G. The person making the physical observations required by this section shall sign his name to the form, including his printed name and the date of the observations.
H. No owner or operator shall permit a swap meet participant to remain on the swap meet lot who has failed to either complete or deliver the forms as required by Section 10-41 of this Article.
I. Subsections A, and C through H, of this section do not apply to any swap meet participant who sells exclusively new merchandise or who has a valid, unexpired regulatory license issued by the City of Phoenix for the location of the swap meet pursuant to chapter 19 of this Code.
J. The owner or operator of the swap meet shall record the name, privilege tax account number, most recent date of entry, and space occupied, of each swap meet participant permitted on the swap meet lot who sells exclusively new merchandise, and the name, regulatory license number, most recent date of entry, and space occupied, of each swap meet participant permitted on the swap meet lot who has a valid, unexpired regulatory license issued by the City of Phoenix for the location of the swap meet pursuant to chapter 19 of this Code.
(Ord. No. G-743, § 1; Ord. No. G-4011, § 6, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 6, passed 7-2-1997, eff. 8-1-1997)
Sec. 10-41. Report of swap meet participants; swap meet participant duties.
A. Each swap meet participant shall record, for each day or portion of a day that the swap meet participant is on a swap meet lot, on the form provided by the owner or operator for this purpose, the following information:
1. Full name.
2. Date of birth.
3. Current home address.
4. Current business address and telephone number.
5. Date of entry.
6. A description of each vehicle brought into the swap meet lot, together with its license plate number and state of issuance.
7. A general description of all merchandise brought into the swap meet lot which is intended to be displayed, exchanged, traded, bartered, sold, or offered for sale.
8. Original signature of swap meet participant.
9. Identifying number from an unexpired driver's license or unexpired identification license issued by any state, provided such license includes a photograph of the licensee, an armed forces identification card, a valid unexpired government-issued passport which contains a photograph of the person and the date of birth, or an identification card issued by the Immigration and Naturalization Service of the United States Department of Justice which contains a photograph of the person and date of birth.
10. City of Phoenix privilege tax account number, if any.
B. Notwithstanding any other provision of this Article, a swap meet participant covered by this section who does not have in the swap meet participant's name a City of Phoenix privilege tax account number shall place the word "none" in the proper space on the form.
C. Each swap meet participant shall record, for each day or portion of a day that the swap meet participant is on a swap meet lot, on the form provided by the owner or operator for this purpose, a complete description of each item of property traded, bartered or sold by him which had a sale price of one hundred dollars or more or had or did have a serial number and the name and address of the person receiving said property.
D. The owner or operator shall be responsible for forwarding the report required by subsection (C) of this section to the Police Department at the close of each day's business.
E. Forms for the reports required by this section will be provided to the owner or operator by the City of Phoenix.
F. The swap meet participant shall sign and certify as correct the form required by subsection (A) of this section in the presence of the owner or operator.
G. The swap meet participant shall complete all blanks on the forms required by this section. If the response to a particular section or request is "not applicable," then that shall be so designated.
H. The swap meet participant shall deliver the report required by subsection (A) of this section to the owner or operator upon demand.
I. Prior to leaving the swap meet lot, the swap meet participant shall deliver the report required by subsection (C) of this section to the owner or operator, irrespective of whether the report contains any qualifying items.
J. A swap meet participant shall make the forms required by this section, while in the swap meet participant's possession, available for reasonable inspection by any City of Phoenix license inspector or peace officer of this State during the normal business hours of the swap meet.
K. This section does not apply to any swap meet participant who sells exclusively new merchandise or who has a valid, unexpired regulatory license issued by the City of Phoenix for the location of the swap meet lot pursuant to chapter 19 of this Code.
(Ord. No. G-743, § 1; Ord. No. G-4011, § 7, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 7, passed 7-2-1997, eff. 8-1-1997)
State law references: Tax records of swap meet operators, A.R.S. § 42-1105(D).
Sec. 10-41.1. Failure to provide information by swap meet participant; consequences.
No person may remain on a swap meet lot as a swap meet participant who has failed to either:
a. Provide the owner or operator of a swap meet lot with the identification or information required by subsections (D) and (J) of Section 10-40 of this Article, as applicable; or
b. Deliver the form required by, and in the form required by, subsection (A) of Section 10-41 of this Article to the swap meet lot owner or operator upon demand.
(Ord. No. G-4011, § 8, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 8, passed 7-2-1997, eff. 8-1-1997)
Sec. 10-42. Trading area.
The swap meet activities shall be conducted only within a building or structure, or other area which is enclosed by a fence or wall, no less than four feet in height.
(Ord. No. G-743, § 1; Ord. No. G-3724, § 1)
Cross references: Zoning, ch. 41.
Sec. 10-43. Exemptions.
A. The provisions of this Article shall not be applied to any charitable organization having a valid solicitations permit for this activity from the City. This article shall not apply to activities carried on by charitable organizations established and operated exclusively for a religious or charitable purpose if conducted solely among its members and guests by other members serving without remuneration or if such activities are conducted at the assemblies or services of the organization.
B. The provisions of this Article shall further not be applicable to the owner or operator of any retail business premises wherein seventy-five percent or more of the space available for lease or license is open to the public for a total period of at least six hours a day for at least four of the five days, Monday through Friday.
For purposes of this subsection, "space available for lease or license" shall mean the maximum space available for lease or license for that calendar week, Sunday through Saturday.
(Ord. No. G-743, § 1; Ord. No. G-4011, § 9, passed 5-21-1997, eff. 6-20-1997; Ord. No. G-4030, § 1, passed 6-25-1997, eff. 7-25-1997; Ord. No. G-4038, § 9, passed 7-2-1997, eff. 8-1-1997)
Sec. 10-44. Reserved.
Editor's note: Section 10-44 was repealed; see Ord. No. G-1869, § 1.
ARTICLE VI.
RESERVED*
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Editor's note: Article VI was repealed; see Ord. No. G-2438, § 1.
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Secs. 10-45– 10-50. Reserved.
ARTICLE VII.
RESERVED*
------------
Editor's note: Article VII was repealed; see Ord. No. G-1940, § 1.
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Secs. 10-51– 10-58. Reserved.
ARTICLE VIII.
MOTION PICTURES OR TELEVISION PRODUCTIONS*
------------
Cross references: Streets and sidewalks, ch. 31.
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Sec. 10-59. Definitions.
A. Motion picture or television productions shall mean and include all activity attendant to staging or shooting motion pictures or television shows or programs.
(Ord. No. G-1403, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-60. Permits and exemptions.
A. Permit required. No person shall use any public property, facility or right-of-way belonging to the City of Phoenix for motion picture or television productions without first applying for and receiving permit from the City Manager.
B. Exemptions.
1. Current news. The provisions of this chapter shall not apply to the filming of news events concerning those persons, scenes, or occurrences which are in the news and of general public interest.
2. Studios. The provisions of this chapter shall not apply to or affect a motion picture or television studio operating at an established or fixed place of business in the City of Phoenix.
3. Charitable purposes. No permit fee shall be required for any motion picture or television production when found by the City Manager to be conducted or carried on wholly for a charitable or educational purpose, however, a permit as provided for in this chapter shall be required.
(Ord. No. G-1403, § 1)
State law references: General power over streets and public places, A.R.S. §§ 9-499.01, 9-240(B)(3), (B)(4), (B)(15), 9-276(A)(1).
Sec. 10-61. Requirements and duties; rules.
A. Rules. The City Manager is hereby authorized and directed to promulgate rules and regulations subject to the approval by the City Council, governing form, time, and location of any activity described in Section 59 of this chapter within the City of Phoenix and the permit fees to apply thereto. The City Manager shall also provide for the issuance of permits and the collection of the permit fees. The rules and regulations shall be based upon the following criteria:
1. Traffic congestion at particular locations within the City;
2. The safety and convenience of all persons;
3. The disruption of normal activities of all persons at particular locations within the City; and
4. The safety of property within the City.
(Ord. No. G-1403, § 1)
Sec. 10-62. Applications and issuance.
A. Issuing authority. The issuing authority shall be the City Manager or his designee.
B. Application. The following information shall be included in the application:
1. The address or place at which the activity is to be conducted;
2. The inclusive times and dates such activity will transpire;
3. A general statement of the character or nature of the proposed activity and a statement that the applicant is and will be responsible for all persons conducting activities pursuant to a permit issued as a result of this application;
4. The number of personnel to be involved;
5. The amount and type of equipment to be involved.
C. Issuance of permits. Upon a finding by the City Manager that the applicant has complied with the rules and regulations referred to in Section 61 of this chapter, he shall issue a permit in accordance with the provisions of this chapter.
(Ord. No. G-1403, § 1)
Sec. 10-63. Bonds and insurance.
Bonds and insurance may be required pursuant to the rules and regulations promulgated by the City Manager under this chapter.
(Ord. No. G-1403, § 1)
Sec. 10-64. Fees.
Fee. A permit fee for motion picture or television productions in the amount of one hundred dollars shall be paid.
(Ord. No. G-1403, § 1; Ord. No. G-3871, § 1)
Sec. 10-65. Hearings.
The City Manager shall, by rules and regulations approved by the City Council, provide for hearings on the denial of a permit or revocation of a permit by the City Manager, at the request of the applicant or permittee.
The rules and regulations as approved by the City Council shall provide for appeal procedures to the City Council upon denial of issuance or revocation of a permit after a hearing has been held.
(Ord. No. G-1403, § 5)
ARTICLE IX.
ALARM SYSTEMS*
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Cross references: Police Department, § 2-119 et seq.
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Sec. 10-66. Applicability.
This article is intended to regulate the activities and responsibilities of persons who purchase, rent or use and persons who own or conduct the business of selling, leasing, renting, installing, maintaining or monitoring alarm systems, devices or services. It is further intended to encourage the improvement in reliability of these systems, devices and services and to insure that Police Department personnel will not be unduly diverted from responding to actual criminal activity as a result of responding to false alarms. This article specifically encompasses "burglar alarms," "robbery alarms," "holdup alarms" and "panic alarms," both audible and inaudible (silent). The provisions of this Article shall not apply to audible alarms affixed to motor vehicles, audible fire alarms and, except as provided in Section 10-86.01(C), alarm systems that are operated by the County, State, or federal government and installed on premises which such entity occupies or uses for governmental purposes.
(Ord. No. G-1940, § 3; Ord. No. G-2240, § 1; Ord. No. G-2476, § 1; Ord. No. G-3344, § 1; Ord. No. G-4003, § 1, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-67. Definitions.
In this Article, unless the context otherwise requires:
1. Act of God means an unusual, extraordinary, sudden and unexpected manifestation of the forces of nature, the adverse effects of which cannot be prevented by reasonable human care, skill or foresight. Such events include tornadoes, floods, earthquakes, and other similarly violent conditions.
2. Alarm or alarm system means any mechanical or electrical device that is used to detect smoke, fire, hazardous materials or an unauthorized entry into a building or other facility, or to alert other persons of the occurrence of a fire or a medical emergency or the commission of an unlawful act against a person or within a building or other facility, and that may be designed to emit an audible alarm or transmit a signal or message when activated. Alarm or alarm system includes, but is not limited to, silent, panic, holdup, robbery, duress, burglary, check welfare, and proprietor alarms. Alarm or alarm system shall not include telephone call diverters and systems that are designed to report environmental and other occurrences and that are not designed to alert, or cause other persons to alert, public safety personnel.
3. Alarm agent means any person, whether an employee, independent contractor or otherwise, who acts on behalf of an alarm business and leases, rents, maintains, services, repairs, or installs alarm systems, other than alarm systems located on the person's own property or the property of the person's employer.
4. Alarm business means any person that, either by itself or through a third party, engages in the business of providing alarm monitoring services or the business of selling, leasing, renting, maintaining, repairing or installing alarm systems, devices or services.
5. Alarm subscriber means any person who leases, rents or purchases any monitored alarm system, device or service from an alarm business or who leases or rents an audible alarm system or device, or who contracts with an alarm business for alarm monitoring, repair or maintenance services.
6. Audible alarm means a device designed for the detection of an unauthorized entry on premises and which when activated generates an audible sound on the premises.
7. Automatic dialer means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message, when activated or if self-activated, over a telephone line, radio or other communication system, to the Police or Fire Department.
8. Common cause means a common technical difficulty or malfunction which causes an alarm system to generate a series of false alarms, all of which occur within a seventy-two hour period. The series of false alarms shall be counted as one false alarm only if the cause of the series of false alarms is repaired before it generates additional false alarms, documentation of the repair is provided to the Police Chief, and during the thirty-day period following the repair, the alarm system generates no additional false alarms from the documented cause.
9. Controlling person means all current officers, managers and directors, and any person who is a stockholder, member, general or limited partner or owner, or who holds more than ten percent of the ownership, management rights, control or claim to the profits of the business. Controlling person does not include current officers, directors or shareholders of stock in any corporation that is traded on a national stock exchange.
10. False alarm means any activation of an alarm which results in a Police response to the premises on which the alarm system is located, unless the alarm is caused by or the result of a criminal act, unauthorized entry, or attempted unauthorized entry.
11. Licensing authority means the City Clerk or the Police Department, as applicable, who has the authority to issue licenses pursuant to this Article or the reciprocal alarm licensing ordinance of another City or town.
12. Monitored alarm means a device designed for the detection of an unauthorized entry in premises and which when activated generates an inaudible signal to a monitoring station. A monitored alarm may also generate an audible sound on the premises.
13. Primary alarm business license means a license issued by the licensing authority of a City or town that has adopted the reciprocal alarm licensing ordinance to an alarm business that has its headquarters, main office, corporate office or designated branch of the alarm business located within this State. In the event that an alarm business has its headquarters, main office, corporate office or designated branch in a City or town that does not require the licensing of alarm businesses, the alarm business may apply for a primary alarm business license from any City or town in this state that has adopted the reciprocal licensing ordinance.
14. Proprietor alarm means any alarm or alarm system which is owned by the alarm subscriber and which is not monitored, maintained, or repaired under contract by an alarm business.
15. Robbery, holdup or panic alarm means a device designed for the detection of a robbery, holdup or the commission of an unlawful act within the premises protected by an alarm system, and which may be intentionally activated by a person, generates an inaudible signal to the monitoring station and may or may not generate an audible sound at the premises.
16. Reciprocal alarm business license means a license issued by the licensing authority of a City or town that has adopted the reciprocal alarm licensing ordinance, and in which that alarm business conducts business. This license shall be issued only to an alarm business that has a valid primary alarm business license from a similar licensing authority within this state that has adopted the reciprocal alarm licensing ordinance.
17. Reciprocal alarm licensing ordinance means an ordinance that is substantially the same in its material terms to the reciprocal alarm licensing provisions codified in this Article and that is intended by the adopting jurisdiction to be recognized as being reciprocal with alarm licensing ordinances adopted by other cities and towns in this state. minor or non-material variations that are enacted in a particular City or town to accommodate local conditions or needs shall not affect the reciprocal nature of the ordinance.
18. Vision obscuring device or alarm system means a device or alarm system that emits or produces real or simulated smoke, fog, vapor or any like substance that obscures vision for the purpose of preventing or deterring theft.
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 2; Ord. No. G-3344, § 2; Ord. No. G-4003, § 2, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 1, passed 7-5-2001, eff. 1-1-2002)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-68. Phoenix Police Department responsibilities.
The provisions of this Article shall be administered in a manner prescribed by the Police Chief.
(Ord. No. G-1940, § 3)
Sec. 10-69. Alarm business duties.
The duties of an alarm business shall be as follows:
A. To install an alarm system compatible with the environment, to take reasonable measures to prevent the occurrence of false alarms, and, if it has agreed to provide maintenance or repair service to the system, to service the system within seventy-two hours of a request for service. The alarm business shall not install a single action non-recessed button as a device to activate a holdup or panic alarm.
B. To provide written and oral instructions to each of its alarm subscribers and the principal occupants of the buildings or premises protected by an alarm system in the proper use and operation of the system. Such instruction will specifically include all instructions to turn the alarm system on and off and to avoid false alarms.
C. To provide each purchaser and subscriber with a copy of this Article, an alarm subscriber/proprietor permit application, and false alarm prevention material. The alarm business shall complete and sign the alarm subscriber/alarm company information form with alarm subscriber, and submit the form as required in subsection G of this section.
D. Upon leasing or renting an alarm system:
1. To conspicuously place on the premises a tag identifying the pertinent alarm business, including the telephone number to call when the alarm has been activated.
2. To maintain records of the location of these alarm systems, devices or services and the name and telephone number of the person and alternate to be notified whenever the alarm is activated and to provide such information to the Police Department upon request.
3. To inactivate or cause to be inactivated the audible alarm within fifteen minutes of the notification of its activation in the event the primary and alternate cannot be contacted or do not respond.
E. Upon leasing, renting, selling or monitoring an alarm system:
1. To establish a central receiving station which will monitor these alarm systems. The central receiving station shall attempt to contact the alarmed location by telephonic or other electronic means on every alarm signal except a holdup, robbery, panic, or duress alarm activation, whether or not actual contact with a person is made, before requesting a Police response to an alarm system signal.
2. To organize its central receiving station in order to be able to readily and positively identify the type of alarm, including but not limited to burglary, robbery, holdup, or panic alarm, and the location of the alarm, if there is more than one system; whether the alarm is audible or silent; the alarm subscriber permit number and the description of the zone or sensor activated, and the name and response time of a responsible party.
3. To maintain records as to each of these alarm systems, devices or services which shall include the name of the owner or occupant of the premises; the name and telephone number of the subscriber, a primary person and at least one alternate responsible for responding to the premises when the alarm is activated; information concerning whether the alarm system includes an audible alarm; and records of any alarm activation for a period of one year from the date of the activation. The records required by this paragraph shall be made available for inspection to any law enforcement officer of this State or City regulatory licensing inspections official upon twenty days' prior written demand. The business may require the law enforcement officer or inspector to complete an inspection log with name, serial or badge number, and time, date and purpose of the inspection.
4. To notify the Police Department of activated alarm systems in the manner prescribed by the Police Chief, including such reasonable information concerning the alarm system as the Police Department may request. Reasonable information shall include copies of central station alarm activity reports, the names of persons from the activated alarm location who have contracted with the alarm business, and any mailing or telephonic information for the activated alarm location. The information shall be made available at any time upon request for inspection by Police Department representatives.
5. To arrange for either the alarm subscriber, alarm agent or other responsible representative to go to the premises of an activated alarm system within thirty minutes of the activation of the alarm in order to be available to assist the Police in determining the reason for activation and securing the premises. In no event shall there be an unreasonable delay in arriving at the location of the alarm.
6. To notify the alarm subscriber or other responsible person, in the case of a monitored alarm system, of all alarm activations at the alarm subscriber's premises within twenty-four hours of activation, not including weekends or holidays, by telephone, facsimile transmission, or written notice deposited in the United States mail.
F. To cease responsibility for an alarm system pursuant to this Article, the alarm business shall send written notice to the Police Department in the event the alarm business ceases to lease, rent, maintain, service or monitor any alarm system. The notice shall be sent within ten days after the date service or responsibility is discontinued.
G. To submit on a form and in the manner prescribed by the Police Chief, such information concerning compliance of the alarm business with its duties under this section as the Police Chief may request. An alarm business representative and the subscriber shall complete and sign the alarm subscriber/alarm company information form, and the alarm business shall submit the form to the Police Department within ten days of commencement of service for the alarm system.
H. Alarm businesses which do not monitor, maintain, service or install alarms or alarm systems shall not be subject to subsection A, B, C, D, E, or F of this section, but shall be responsible for instructing each person who purchases an alarm or alarm system in the proper use and operation of the alarm, informing each alarm subscriber or alarm purchaser to contact the Phoenix Police Department for information regarding this Article, advising each alarm subscriber or alarm purchaser of the requirement of an alarm subscriber permit and providing a copy of this Article to each alarm subscriber or alarm purchaser. Such instruction will specifically include all instructions necessary to turn off the alarm and to avoid false alarms. Any alarm business that sells an alarm or an alarm system with monitoring services, or leases, rents, installs, maintains or services an alarm or alarm system shall be subject to subsections A, B, C, D, E, F and G of this section.
I. Any alarm business that monitors, but does not sell, lease, rent, install, service or maintain alarms or alarm systems, shall be subject to subsections E, F and G of this section.
J. Any alarm business that sells or installs alarms or alarm systems without monitoring services, and does not lease, rent, install, maintain or service alarms or alarm systems, shall be subject to subsections C, D and G of this section.
K. An alarm business which violates any provision of this section is guilty of a class 1 misdemeanor.
(Ord. No. G-1940; Ord. No. G-2476, § 3; Ord. No. G-3344, § 3; Ord. No. G-4003, § 3, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 2, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-70. Alarm subscriber's duties.
The duties of an alarm subscriber shall be as follows:
A. To instruct all persons who are authorized to place the system or device into operation in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows.
B. To inform all persons who are authorized to place the alarm system into operation of the provisions of this Article emphasizing the importance of avoiding false alarms. A current copy of the provisions of this Article shall be maintained on the premises and be made available to persons who are authorized to place an alarm system into operation.
C. To apply for an alarm subscriber permit from the Phoenix Police Department.
D. To respond or to make arrangements for an alarm business or other responsible person to respond to the scene of an activated alarm within thirty minutes of the alarm activation.
E. To maintain the alarm or alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms.
F. An alarm subscriber who violates any provision of this section is guilty of a Class 1 misdemeanor.
(Ord. No. G-1940, § 3; Ord. No. G-3344, § 4; Ord. No. G-4003, § 4, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-71. Proprietor alarm responsibilities.
The duties of a proprietor alarm owner shall be as follows:
A. To be familiar with the provisions of this Article and to apply for an alarm subscriber permit from the Phoenix Police Department.
B. To maintain the alarm or alarm system in good working order and take reasonable measures to prevent the occurrence of false alarms.
C. To notify the Police Department of the name, address and telephone number of the primary person, and at least one alternate, to be notified in case the alarm is activated.
D. Upon the purchase of any alarm system device or service which includes an audible alarm, to inactivate or cause to be inactivated the alarm system within fifteen minutes of notification of its activation.
E. To instruct all persons who are authorized to place the system or device into operation in the appropriate method of operation and to lock and secure all points of entry, such as doors and windows.
F. To inform all persons who are authorized to place the alarm system into operation of the provisions of this Article emphasizing the importance of avoiding false alarms. A current copy of this Article shall be maintained on the premises and be made available to persons who are authorized to place an alarm system into operation.
G. A proprietor alarm owner who violates any provision of this section is guilty of a Class 1 misdemeanor.
(Ord. No. G-1940, § 3; Ord. No. G-3344, § 5; Ord. No. G-4003, § 5, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-72. License required; administration; duration; duplicate license.
A. It shall be unlawful for any person to conduct, operate or engage in or carry on an alarm business, or to engage in the occupation of alarm agent, or represent oneself as an alarm agent, without first having obtained such licenses as are required by this Article. a separate license is required for each business name under which an alarm business conducts business or advertises. In the event that the licensing authority has reasonable cause to believe that an alarm business does not have a valid alarm business license as required by this Article, or that a person is engaged in the alarm business without a valid alarm business license, the licensing authority or its designee, with the assistance of the Police Department, shall issue a warning to the alarm business stating that it is in violation of the provisions of this Article. The warning shall direct the alarm business to apply for an alarm business license within ten calendar days of the date of the warning. The alarm business receiving such a notice shall not engage in the alarm business until an alarm business license is issued pursuant to this Article.
B. The administration of this Article, including the duty of prescribing forms, is vested in the licensing authority. License applications made pursuant to this Article shall be submitted to the licensing authority, which shall have the authority to issue, deny, suspend or revoke a license in accordance with the provisions of this Article.
C. The license required by this Article shall be in addition to any other licenses or permits required by the City, County or State in order to engage in business. Persons engaging in activities described in this Article shall comply with all other ordinances and laws, including the City zoning laws, as may be required to be engaged in the business to be licensed. Failure of any applicant or licensee, as applicable, to meet the requirements of this subsection shall be grounds for denial, suspension or revocation of a license.
D. All licenses issued pursuant to this Article shall be for a period of one year from the date of issue and shall be renewable annually, one year from the original date of issue or renewal, as applicable, subject to renewal pursuant to Section 10-72.5.
E. Upon written request and the payment of a ten dollar fee, the licensing authority shall issue a duplicate license to a licensee whose license has been lost, stolen or destroyed.
F. It shall be unlawful for an alarm business to use or to contract with for purposes of using the services of an unlicensed alarm business or alarm agent.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Editor's note: Ord. No. G-4378, § 3, passed July 5, 2001, effective Jan. 1, 2002, repealed §§ 10-72– 10-74. Section 4 of said ordinance enacted provisions designated as new §§ 10-72– 10-73.4 to read as herein set out. See the Code Comparative Table.
Sec. 10-72.1. Types of licenses; reciprocity.
A. The types of licenses that may be issued pursuant to this Article are as follows:
1. Primary alarm business license. A primary alarm business license may be applied for by an alarm business that is physically located within this City, in a jurisdiction that has not adopted this reciprocal alarm license ordinance, or in a jurisdiction outside this state.
2. Reciprocal alarm business license. An alarm business, whether physically located within or outside this State Arizona, that has a valid primary alarm business license issued by a jurisdiction within this state that has adopted the reciprocal alarm license ordinance, shall be entitled to the issuance of a reciprocal alarm business license upon compliance with the requirements of this Article.
3. Alarm agent license. A person desiring to engage in the business or occupation of alarm agent shall apply for and receive an alarm agent license from the jurisdiction that issues the primary alarm business license for the alarm business for which the alarm agent is or will be working. A person holding a valid alarm agent license, who desires to work for an alarm business holding a reciprocal alarm license, does not have to obtain a separate license, but shall provide a copy of his or her license, upon request, to the jurisdiction in which the reciprocal license has been issued.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-72.2. Alarm business license applications; contents.
A. All applications for alarm business license made pursuant to this Article shall include the following:
1. The name, business address, mailing address and telephone number of the alarm business. If the applicant is a corporation, general or limited partnership, limited liability company, or other legal entity, the name of the applicant shall be set forth exactly as shown in its articles of incorporation, charter, certificate of limited partnership, articles of organization or other organizational documents, as applicable, together with the state and date of incorporation and the names, residence addresses and dates of birth of each controlling person. If one or more of the partners, members or shareholders of the applicant is a corporation or other legal entity, the provisions of this subsection relating to information required of a corporation shall apply.
2. In the event that the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, the applicant shall designate one of its officers, general partners, or members to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this Article. The applicant shall provide a copy of their corporation, partnership or limited liability company formation documents.
3. The name of the applicant and each controlling person, any alias or other name used or by which the applicant or any controlling person has been previously known, his or her current residence and business addresses, telephone numbers, including facsimile numbers, and e-mail addresses, if applicable.
4. The names and addresses of the alarm agents employed by the alarm business.
5. The residence and business address of the applicant and each controlling person for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address.
6. Proof that the applicant and each controlling person is at least eighteen years of age, as indicated on a current driver's license with picture, or other picture identification document issued by a governmental agency.
7. Height, weight, color of eyes and hair and date of birth of the applicant and each controlling person.
8. Two current two-inch by two-inch photographs of the applicant and each controlling person.
9. The employment history of the applicant and each controlling person for the five-year period immediately proceeding the date of the filing of the application.
10. Information as to whether the applicant or any controlling person, or the business on behalf of which the license is being applied for, has ever been refused or denied any similar license or permit, or has had any similar permit or license revoked, canceled or suspended, and the reason or reasons for the revocation, cancellation or suspension.
11. Whether or not the applicant or any controlling person has ever been convicted of a crime, regardless of whether the conviction was later set aside or expunged, in any domestic, foreign or military court. "Crime" means any and all felonies, misdemeanors and serious driving offenses, including driving under the influence of intoxicating liquor or drugs, reckless driving, driving on a suspended, revoked, canceled or refused driver's license, or any driving offense for which the possible penalty includes jail time. "Crime" does not include minor or civil traffic offenses. "convicted" means having plead guilty or no contest to a crime, having been found guilty of a crime, or having been sentenced for a crime, whether incarcerated, placed on probation, fined or having received a suspended sentence. An applicant or controlling person shall also answer "yes" to this question, even though he or she has not been convicted of a crime, if the applicant or controlling person is presently pending trial or other court proceeding for a crime.
12. For initial and renewal applications for primary alarm business licenses only, one full set of fingerprints on fingerprint cards, or fingerprint data, as provided in Section 10-83 for the applicant and each controlling person. Fingerprints or fingerprint data must be submitted on fingerprint cards provided or approved by the licensing jurisdiction, but may be taken by any law enforcement or other government agency.
13. Copies of the State of Arizona Registrar of Contractor's C-11, C-12 or L-67 license, as applicable, or a copy of the K-67 license for combined residential and commercial, issued to the alarm business applicant, and copy of the State of Arizona Transaction Privilege Tax License, if applicable.
14. A list of all Arizona counties, cities and towns where the applicant conducts business.
15. An express agreement by the alarm business that any and all records of the alarm business, whether written or recorded, electronically or otherwise, or in any other form, relating to information required to be supplied to the Police Department in case of an alarm, shall be immediately made available at any time upon request for inspection by agents of the Police Department.
16. A copy of a valid primary alarm business license if the application is made for an original or renewal reciprocal alarm business license.
17. Such other information, evidence, statements or documents as may be deemed by the licensing authority to be reasonably necessary to process and evaluate the application or renewal.
B. Applicants for primary or reciprocal alarm business licenses, or applicants for renewal of any such licenses, shall notify the licensing authority, in writing, of any change in the information contained in the license application or renewal application. Notification shall be given to the licensing authority within fifteen calendar days of the occurrence of the change.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-72.3. Alarm agent license applications.
A. An alarm agent license application and an alarm agent license renewal application shall include the following information about the applicant:
1. The name of the applicant and any alias or other name, used by or by which the applicant has been previously known, his or her current residence and business addresses, telephone numbers, including facsimile numbers, and e-mail addresses, if applicable.
2. The name, business address and business telephone number of the alarm business where the applicant is or will be employed.
3. Proof that the applicant is at least eighteen years of age, as indicated on a current driver's license with picture, or other picture identification document issued by a governmental agency.
4. Height, weight, color of eyes and hair and date of birth of the applicant.
5. Two current two-inch by two-inch photographs of the applicant.
6. The applicant's employment history for the five-year period immediately proceeding the date of the filing of the application.
7. Information as to whether, in this City or elsewhere, the applicant has ever been refused or denied any similar license or permit, or has had any similar permit or license revoked, canceled or suspended, and the reason or reasons for the revocation, cancellation or suspension.
8. Whether or not the applicant has ever been convicted of a crime, regardless of whether the conviction was later set aside or expunged, in any domestic, foreign or military court. "Crime" means any and all felonies, misdemeanors and serious driving offenses, including driving under the influence of intoxicating liquor or drugs, reckless driving, driving on a suspended, revoked, canceled or refused driver's license, or any driving offense for which the possible penalty includes jail time. "Crime" does not include minor or civil traffic offenses. "Convicted" means having plead guilty or no contest to a crime, having been found guilty of a crime, or having been sentenced for a crime, whether incarcerated, placed on probation, fined or having received a suspended sentence. An applicant shall also answer "yes" to this question, even though he or she has not been convicted of a crime, if the applicant is presently pending trial or other court proceeding for a crime.
9. One full set of fingerprints on fingerprint cards, or fingerprint data, as provided in Section 10-83. Fingerprints or fingerprint data must be submitted on fingerprint cards provided or approved by the licensing jurisdiction, but may be taken by any law enforcement or authorized government agency.
10. The applicant's business, occupation or employment history for the five-year period immediately proceeding the date of filing the application.
11. A list of all Arizona counties, cities or towns where the applicant conducts business.
12. Such other information, evidence, statements or documents as may be deemed by the licensing authority to be reasonably necessary to process and evaluate the application or renewal.
B. Applicants for alarm agent licenses, or applicants for renewal of such licenses, shall notify the licensing authority, in writing, of any change in the information contained in the license application or renewal application. Notification shall be given to the licensing authority within fifteen calendar days of the occurrence of the change.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-72.4. Fees; display of licenses.
A. The following fees, which shall be non-refundable, non-transferable and will not be prorated, shall accompany initial applications and renewals:
Initial license application fee:
Primary alarm business . . . . $200.00
Reciprocal alarm business . . . . 75.00
Alarm agent . . . . 70.00
License renewal fee:
Primary alarm business . . . . $20.00
Reciprocal alarm business . . . . 10.00
Alarm agent . . . . 20.00
Criminal history investigation– Current cost of obtaining from the Arizona Department of Public Safety and the Federal Bureau of Investigation
Duplicate license fee . . . . $10.00
B. Alarm business licenses shall state whether they are primary alarm business licenses or reciprocal alarm business licenses. The primary alarm business license or reciprocal alarm business license, as applicable, shall be at all times conspicuously displayed at the alarm business's central station or office.
C. Alarm agent licenses shall be carried on the person of an alarm agent at all times while so employed and the alarm agent shall display the license to any Police Officer or authorized representative of this City upon request.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-72.5. Renewal of license.
A. The holder of a primary alarm business license, reciprocal alarm business license or alarm agent license shall renew the license annually by submitting a renewal application containing the information listed in Section 10-72.2 or 10-72.3, as applicable, and paying the required renewal fee and the costs for a criminal history investigation. The holder of a reciprocal alarm business license, as a condition of renewal, shall also submit a copy of the approved primary alarm business license upon which reciprocity is based.
B. Applications for license renewal shall be filed with the licensing authority not later than ninety days prior to the expiration of the license currently in effect. Applications for license renewal shall not be accepted after ninety days prior to the expiration date of the license. In the event that a license expires without the licensee having submitted a timely application for renewal, the holder of the expired license must file a new application for initial license and shall comply with all of the requirements provided herein for obtaining an initial license.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-72.6. Issuance; grounds for denial.
A. The licensing authority will issue a license provided for by this Article to an applicant, or renew a license, if applicable, when the following conditions of the applicable licensing provisions have been fully satisfied:
1. All application requirements have been met, including any criminal history background checks and fingerprint requirements.
2. All fees have been paid in full.
3. No grounds for denial listed in this section exist.
B. The licensing authority shall deny a license or deny the renewal of a license if, at the time of the filing of an original application or a request for renewal, the licensing authority has reasonable grounds to believe that an applicant, licensee or controlling person:
1. Has been previously convicted, in any jurisdiction, of a felony; or A misdemeanor involving fraud, theft, dishonesty, moral turpitude, physical violence, assault, indecent exposure, illegal use or possession of a deadly weapon, or a violation of Arizona Revised Statutes Title 13, Chapter 34 (drug offenses, including but not limited to those relating to possession, sale or other conduct involving marijuana, narcotic drugs, precursor chemicals and prescription drugs), or offenses committed in another jurisdiction, which if committed in Arizona would be in violation of Title 13, Chapter 34, Arizona Revised Statutes, within the five-year period immediately preceding the filing of an original application or a request for renewal, whether or not the conviction or convictions have been expunged from court records pursuant to law.
2. Has prepared or filed an application or request for renewal which contains any false or misleading information, submitted false or misleading information in support of such application or request, or failed or refused to make full disclosure of all information required by this Article.
3. Has had a license relating to alarm businesses or agents, as applicable, or a license of similar character, issued by the City or another authority, suspended, canceled or revoked within the five-year period immediately preceding the date of the filing of the application.
4. Is not a United States citizen or lawful permanent resident alien or an alien who is authorized to work by the United States Department of Justice Immigration and Naturalization Service.
5. Has violated a provision of this Article, or has committed any act which, if committed by a licensee, would be grounds for the denial or revocation of a license pursuant to this Article.
C. Notice shall be given of any denial of a license application, or a request for renewal, in writing, and either by hand-delivery or by mail, to the address of record. The notice shall include the reasons for denial of the license or license renewal.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-73. Suspension or revocation; grounds.
The licensing authority may suspend or revoke any primary or reciprocal alarm business or alarm agent license, when the licensing authority has reasonable grounds to believe any of the following:
A. The licensee, or any controlling person, has violated any of the grounds for denial of a license, as described in Section 10-72.6(B).
B. The licensee or any controlling person has failed to comply with the requirements of this Article, including failure to provide changes in license information, as required.
C. The licensee has failed to comply with the requirements of this Article relating to alarm business or alarm agent responsibilities, false alarms or assessments.
D. The licensee has failed to maintain in good standing all licenses or permits which are required pursuant to this Article to hold a primary or reciprocal alarm business license, or alarm agent license, as applicable.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-73.1. Suspension or revocation procedure; hearing.
A. The licensing authority shall give notice of its intent to suspend or revoke a license. Notice shall be given in writing, either by hand-delivery or by mail, to the address of record. The notice shall include the reasons for the suspension or revocation.
B. The licensing authority shall transmit, by facsimile, notice of the suspension or revocation, when such action is final, to all counties, cities, and towns listed on the licensee's application. The suspension or revocation of a primary alarm business license shall result in the same action being taken as to all reciprocal alarm business licenses which are derived from that primary alarm business license.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-73.2. Review and appeals.
Any person aggrieved by any decision with respect to either the denial of an application for a license, or license renewal, or the suspension or revocation of a license which is subject to this Article, shall be entitled to the review and appeal procedures in accordance with Chapter 19, Article II of this Code.
Sec. 10-73.3. Application after denial or revocation of license.
No person, association, firm, corporation or other legal entity may apply for any license required under this Article within one year from the denial of any such license to such applicant, or from the nonrenewal or revocation of any such license, unless the cause of such denial, revocation or nonrenewal has been, to the satisfaction of the licensing authority, removed within such time. This section shall be inapplicable to denials of applications or renewal when the reason for denial was for an administrative, technical or otherwise non-material reason.
Sec. 10-73.4. Termination and cancellation of license; notice.
A. An alarm agent who terminates employment with an alarm business shall immediately surrender his or her alarm agent license to the licensing authority.
B. An alarm agent who terminates his employment with an alarm business to change employment to another alarm business licensee shall notify the licensing authority of the transfer, in writing, within fifteen calendar days of the change in employment.
C. An alarm business may cancel an alarm business license by filing a notice of cancellation of the license with the licensing authority. The notice of cancellation shall include the effective date of the cancellation. in the event of the cancellation of a primary alarm business license, notice shall be given to all jurisdictions in which reciprocal alarm business licenses have been issued and are active. Reciprocal alarm business licenses shall be canceled as of the effective date of the cancellation of the primary alarm business license, unless the licensee requests the license be canceled sooner.
(Ord. No. G-4378, § 4, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-74. Reserved.
Sec. 10-75. Warning notice.
When any alarm system generates two false alarms within a consecutive three-hundred-sixty-five-day period, the Police Department shall send a warning notice to both the alarm subscriber and alarm business or the proprietor alarm owner that one subsequent false alarm within said period will subject the notified parties to the sanctions as provided herein.
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 3; Ord. No. G-3344, § 8; Ord. No. G-4003, § 9, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-76. Police review of false alarms.
A. Any alarm system which has three or more false alarms within a consecutive three hundred sixty-five day period shall be subject to assessment as provided herein.
B. If the Police Department records three or more false alarms within a consecutive three hundred sixty-five day period:
1. The Police Department shall notify both the alarm subscriber and alarm business or the proprietor alarm owner by mail of the Police Department's initial notice of assessment of false alarm service fees and of the amount of the assessed service fees. The alarm subscriber and alarm business or the proprietor alarm owner may, within twenty days of the date of mailing of the notice, appeal to the Police Chief by filing a petition with the Police Chief or his designee. The petition shall contain specific defenses to the assessment. Affirmative defenses to a false alarm service fee assessment alarm may include evidence that a false alarm was caused by an act of God, common cause, action of the telephone company, telephone line outage, power outage lasting longer than the life of a fully charged battery, and other extraordinary circumstances not reasonably subject to control by the alarm business, alarm subscriber or proprietary alarm owner.
2. Any petition submitted pursuant to paragraph 1 of this subsection shall be received by the Police Chief or his designee within the time specified. If the petition is not timely submitted, any notified party shall be deemed to have waived his right to any further review or hearing as provided herein and the initial assessment shall be final.
3. If a petition is timely submitted pursuant to paragraph 1 of this subsection, the Police Chief or his designee shall review the defenses, if any, set forth in the petition. If it is determined that a valid defense to the initial determination of false alarm assessment has been set forth, a notice will be sent to the alarm subscriber and alarm business or proprietor alarm owner that no assessment will be made for that particular alarm. The notice shall specifically set forth the findings and conclusions of the Police Chief or his designee with respect to the review of the initial assessment.
4. If the Police Chief or his designee determines that a defense to the initial notice of assessment has not been set forth, a notice of decision shall be sent by mail to both the alarm subscriber and alarm business or the proprietor alarm owner that they will be assessed pursuant to paragraph 5 of this subsection. The notice of decision shall contain the specific findings and conclusions of the Police Chief with respect to the review of the initial assessment.
5. Service fees assessed pursuant to paragraphs 2 and 4 of this subsection shall be in an amount of eighty-five dollars per false alarm upon the third and any subsequent false alarm to recover the cost of the response by the Police to the false alarm. The alarm subscriber and the alarm business shall, except as provided in Section 10-77(F), be jointly and severally responsible for the payment of the service fees imposed upon the alarm system. The owner of a proprietor alarm shall be solely responsible for the payment of the service fees imposed upon a proprietor alarm system. No service fee shall be imposed under this section for any false alarm for which a service fee has been imposed against the alarm subscriber, alarm business or proprietor alarm owner pursuant to Section 10-86.01(E).
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 4; Ord. No. G-3344, § 9; Ord. No. G-4003, § 10, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 5, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-76.01. False alarm prevention program.
A. The Police Department shall provide an educational program for the prevention of false alarms. The Police Department shall allow an alarm subscriber or proprietor alarm owner to attend any false alarm prevention program for the purposes provided in this section and Section 10-78(C). Each alarm subscriber and proprietor alarm owner who attends the false alarm prevention program shall pay a fee of ten dollars. The Police Department shall collect the fee before or at the time of a person's attendance in the program.
B. If an alarm subscriber or a proprietor alarm owner successfully completes the false alarm prevention program, the Police Department shall issue the person a certificate. The certificate may be used to satisfy the requirements of Section 10-78(C) or in lieu of payment of one service fee assessment imposed pursuant to Section 10-76, provided that the certificate is submitted with a timely appeal of the initial assessment of false alarm service fees or submitted within ten days of the date of mailing of the notice of decision under Section 10-76(B)(4), and the certificate is submitted within one year of its issuance.
C. An alarm subscriber or proprietor alarm owner who attends any false alarm prevention program provided pursuant to this section is not eligible to attend a false alarm prevention program again within twelve months from the day on which the person last attended the program unless such attendance is necessary to satisfy the requirements of Section 10-78(C).
D. When an alarm business, alarm subscriber or proprietor alarm owner has installed an alarm system component, certified by Underwriters Laboratories, Inc. As false alarm resistant, and submitted to the Police Department proof of purchase and installation of the certified equipment within ten days of installation, the Police Department shall issue the alarm subscriber or proprietor alarm owner a certificate that may be used to satisfy the requirements of Section 10-78(B) or in lieu of payment of one service fee assessment imposed pursuant to Section 10-76; provided, however, the certificate is submitted with a timely appeal of the initial assessment of false alarm service fees or submitted within ten days of the date of mailing of the notice of decision under Section 10-76(b)(4), and the certificate is submitted within one year of its issuance. The proof of purchase shall include the name and address of the installing alarm business, the name of the installing alarm agent, the date of installation, type of component installed, the specific manufacturer name and model number of the component, and the signatures of the installing alarm agent and alarm subscriber or proprietor alarm owner. The component must be labeled by Underwriters Laboratories Inc. and shall specifically include the control panels labeled CP-01 and passive infrared sensors labeled PIR-01. In the event any passive infrared sensors are installed in the protected premise, all passive infrared sensors installed and connected to the control panel must be labeled PIR-01. Misrepresentation of the installation of Underwriters Laboratories Inc. false alarm resistant components is unlawful. The provisions of this subsection shall supplement, not supplant, the provisions of Section 10-79.
(Ord. No. G-3755, § 1; Ord. No. G-4003, § 11, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 6, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-77. Appeal procedures.
A. Any party aggrieved by a decision of the Police Chief or his designee made pursuant to Section 10-76 or Section 10-86.01 may, within ten days of receipt of the notice of decision, appeal by filing a notice of appeal with the hearing officer so designated by the City Manager.
B. The notice of appeal shall set forth the specific objections to the decision of the Police Chief which form the basis of the appeal.
C. The hearing officer shall set a time and place for the hearing as soon as practicable.
D. The hearing proceeding shall be conducted in an informal process to determine whether there is a sufficient factual and legal basis to support the assessment of fees. The hearing officer shall not be bound by the technical rules of evidence in the conduct of such hearings, provided that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence. In a hearing on an appeal filed pursuant to Section 10-76, the evidence may relate to the specific defenses listed under Section 10-76(B)(1) and the claim that another party should be solely responsible for the service fees. The burden of proof shall be at all times upon the party or parties appealing the assessment.
E. The decision of the hearing officer shall be based upon the evidence presented and it shall:
1. Affirm the assessment, in which case any service fees imposed pursuant to Section 10-76(B)(5) or Section 10-86.01(E)(6) shall be sustained; or
2. Reverse the assessment, in whole or in part, in which case no service fee or a lesser service fee shall be imposed.
F. When any part of the assessment is affirmed in appeals which are filed pursuant to Section 10-76 and which involve an alarm subscriber and alarm business permittee, the hearing officer may designate the alarm subscriber or the alarm business permittee as solely responsible for the payment of the service fees. When any part of the assessment is affirmed in appeals which are filed pursuant to Section 10-76 and which involve a proprietor alarm owner, the hearing officer shall designate the proprietor alarm owner solely responsible for payment of the service fees.
G. The decision of the hearing officer is final.
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 4; Ord. No. G-3344, § 10; Ord. No. G-4003, § 12, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-78. Alarm systems operation prohibitions.
A. Upon a final determination of assessment pursuant to Section 10-76 or Section 10-77 for the third and any subsequent false alarm within a consecutive three hundred sixty-five day period, the responsible party shall tender the assessed service fee within twenty days after the date of the final determination. In the event the service fee is not tendered, the continued operation of the alarm system by the alarm subscriber, alarm business, or proprietor alarm owner is unlawful and the unpaid balance of the service fee will be subject to a charge of one and one-half percent per month, compounded monthly.
B. Upon a final determination of assessment pursuant to Section 10-76 or Section 10-77 for the seventh false alarm within a consecutive three hundred sixty-five day period:
1. The alarm subscriber and the alarm business shall submit to the Police Department a notice confirming that the alarm business has formally trained the alarm subscriber in the operation of the alarm system, false alarm prevention measures, cancellation and verification procedures, and responsible party contact requirements and responsibilities. The notice shall also address the causes of the false alarms and what preventative measures have been taken to prevent further false alarm activations. The notice shall be submitted to the Police Department within ten days of the final determination of assessment.
2. A proprietor alarm owner shall submit a notice confirming that all persons with access codes and keys to the premises have been trained in the operation of the alarm system, false alarm prevention measures, and responsible party contact requirements and responsibilities, and addressing the causes of the false alarms and what preventative measures have been taken to prevent further false alarm activations. The notice shall be submitted to the Police Department within ten days of the final determination of assessment.
C. Upon a final determination of assessment pursuant to Section 10-76 or Section 10-77 for the tenth false alarm within a consecutive three hundred sixty-five day period, it shall be unlawful for the alarm subscriber, proprietor alarm owner and the alarm business to operate the alarm or alarm system until such time as the alarm subscriber or proprietor alarm owner does all of the following:
1. Files with the Police Department a certificate showing that the alarm subscriber or proprietor alarm owner has successfully completed the false alarm prevention program as provided under Section 10-76.01, or files with the Police Department a certificate, work order or notice from the alarm company certifying alarm user training on the alarm system. The training shall include the operation of the alarm system, false alarm prevention measures, cancellation and verification procedures, and responsible party contact requirements and responsibilities.
2. Has the alarm system inspected by a City Alarm Inspector, designated by the Police Chief, to determine that the alarm system is in good working order or in need of repair. The alarm subscriber or proprietor alarm owner shall be present and participate in the inspection. The alarm business also shall have a representative present at the time of the inspection. The representative shall provide reports, records and technical assistance to determine if the alarm system is in good working order or repaired as needed to work properly.
3. Pays an inspection fee of sixty dollars.
D. Upon a final determination of assessment pursuant to Section 10-76 or Section 10-77 of three false alarms following the inspection required in subsection C(2) and within a consecutive three hundred sixty-five day period, it shall be unlawful for the alarm subscriber, proprietor alarm owner and the alarm business to continue operation of the alarm or alarm system.
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 5; Ord. No. G-3344, § 11; Ord. No. G-3500, § 2; Ord. No. G-4003, § 13, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 7, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-79. Grace period.
A. Newly installed and reinstalled alarm systems shall not be subject to the provisions of Section 10-76 relating to the counting and assessment of false alarms for a period of thirty days from the date the alarm system becomes operational. For the purposes of this section, reinstalled alarm system means the installation of a new control panel.
B. The grace period provided in subsection A of this section shall apply only if the alarm business, alarm subscriber or proprietor alarm owner notifies the Police Chief or his designee in writing within ten days of the completion of installation or reinstallation, the alarm subscriber or proprietor alarm owner has applied for an alarm subscriber permit in accordance with Section 10-86.01 of this Article, and the alarm subscriber or proprietor alarm owner has paid any fees that were imposed and have become final pursuant to this Article. The written notice shall specify the date the system was installed or reinstalled. For reinstalled alarm systems, the notice shall also describe the nature and extent of the reinstallation.
(Ord. No. G-1940, § 3; Ord. No. G-3344, § 12; Ord. No. G-4003, § 14, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-80. Regulations.
A. Each alarm system shall be inspected and serviced by the permittee at least once in each twelve-month period. Records shall be maintained by the permittee for each system showing dates of inspection and the name of the person making such inspection. Records shall be kept for a minimum of twelve months and be open to the Police Chief or his designee on his request upon seventy-two hours' notice served by U.S. mail.
B. It shall be unlawful for any person to intentionally, knowingly or recklessly activate any burglary, robbery or panic alarm, except to warn of a criminal act or unauthorized entry on or into an alarm protected premises.
(Ord. No. G-1940, § 3; Ord. No. G-2476, § 6; Ord. No. G-3344, § 13; Ord. No. G-4003, § 15, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-81. Prohibition of automatic or prerecorded messages or signals directly to the City of Phoenix; exception.
A. No person shall use or cause to be used any automatic dialing device that:
1. Automatically selects a public safety or emergency services telephone line of the City of Phoenix and then reproduces any prerecorded message or signal or otherwise maintains an open line without direct person-to-person communication.
2. Prevents termination of a call by public safety or emergency services.
B. This section shall not apply to a life safety alert system utilizing residential transmitting equipment designated for direct telephone access to dedicated control receiving equipment located in the City's Fire Communications Center.
(Ord. No. G-1940, § 3; Ord. No. G-2757, § 1; Ord. No. G-3344, § 14; Ord. No. G-4003, § 16, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-81.01. Reserved.
Editor's note: Ord. No. G-4378, § 8, passed July 5, 2001, effective Jan. 1, 2002, repealed § 10-81.01, which pertained to prohibition of vision-obscured alarm systems or devices; classification. See the Code Comparative Table.
Sec. 10-82. Consent agreements.
A. The City Clerk, either before or after the issuance of a notice of suspension or revocation, may provide for the informal disposition of any matter by consent agreement.
B. The consent agreement provided for by this section may impose requirements on the permittee that go beyond the minimum requirements of this Article.
C. The consent agreement shall in all cases require the permittee to agree to the appeal provisions of this section.
D. The permit 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 permittee at his address of record.
E. Notwithstanding any other provision of this Code, a notice of revocation issued pursuant to this section may be appealed only by filing a notice of appeal in the office of the City Clerk within five business days of receipt of the notice of revocation. Appeals which are not timely filed in the office of the City Clerk pursuant to this subsection may not be considered.
F. All hearings on appeals filed pursuant to this section shall be heard by the City Clerk and shall be conducted informally. The hearing shall occur within twenty calendar days after receipt of the notice of appeal. The City Clerk shall either mail to the permittee at his address of record, or hand deliver to the permittee, the notice of hearing at least ten calendar days prior to the hearing date. At hearing, the only issue shall be whether a violation of the consent agreement occurred. The City Clerk shall rule on the appeal within five business days after the hearing. If the City Clerk determines that the violation occurred, the permit revocation if final and the permit shall be immediately surrendered to the City Clerk upon receipt of notice of the City Clerk's decision.
G. The City Clerk's decision to revoke a permit after the hearing provided for in this section may be challenged only by way of 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 Article.
(Ord. No. G-1940, § 3; Ord. No. G-4003, §§ 17, 18, passed 4-30-1997, eff. 7-1-1997)
Sec. 10-83. Background investigation; fingerprints.
A. As a condition of the issuance of licenses pursuant to this Article, the licensing authority shall require each applicant and controlling person to furnish one full set of fingerprints, or fingerprint data, to enable the licensing authority to conduct a criminal background investigation to determine the suitability of the applicant or controlling person.
B. The licensing authority shall submit or electronically transmit all completed fingerprint cards to the Department of Public Safety to conduct a statewide criminal history check. The applicant or controlling person shall bear the cost of conducting the criminal background investigation. The cost shall not exceed the actual cost of obtaining the criminal history information. Criminal history records checks shall be conducted pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544, as amended. The Department of Public Safety is authorized to exchange the submitted fingerprint card information with the Federal Bureau of Investigation for a National Criminal History Records check.
(Ord. No. G-1940, § 3; Ord. No. G-4003, §§ 17, 18, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 9, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-84. Vision obscuring devices and alarm systems; requirements and responsibilities.
A. An alarm subscriber and alarm business shall file a joint application for an addendum to the alarm subscriber permit for authorization to install a vision obscuring device or alarm system. the application for the addendum shall be submitted to the Police Department not less than ten business days prior to the installation of the vision obscuring device or alarm system. The alarm subscriber and the alarm business shall each possess a valid permit issued under this Article prior to submitting the application for a vision obscuring addendum. The application for a vision obscuring addendum shall be made on a form approved by the Police Department and shall be accompanied by a non-refundable three hundred forty dollar fee. The application shall include a floor plan of the premises indicating the location of all vision obscuring devices and alarm systems, discharge nozzles, electrical connections, and emergency knox-box with shut-off switch. The application shall contain the names and telephone numbers of a primary person and no fewer than two alternatives who will be notified by the monitoring business and who will act as the responsible party upon activation of the device or alarm system. The application shall be approved by the Police and Fire Chiefs or their designees provided that post-installation inspections of each device and alarm system verify the applicants' compliance with all requirements of this Article and other applicable codes and ordinances, including but not limited to electrical inspections and green tag requirements and all inspections, permits, and approvals required by the development services department. The approved addendum shall be kept on the premises protected by the vision obscuring device or alarm system and shall be made available for inspection by any law enforcement officer or agent of the Fire Department upon demand. The addendum is valid for one year from date of issuance. The addendum is not transferable from one subscriber to another subscriber or from one address to another address. Any new or additional installation of a vision obscuring device or alarm system will require an additional addendum.
B. The installation of a vision obscuring device or alarm system shall meet all of the following standards.
1. The premises upon which the device or system is installed shall be protected by an automatic fire sprinkler system complying with the current edition of the NFPA 13 Standard as referenced in the Fire Code. Additional separate permits shall be obtained should an automatic fire sprinkler system need to be installed. The operation of the device or system shall not prevent under any circumstances the remote transmission of the building's waterflow alarm or the remote transmission of the building's waterflow alarm to the alarm monitoring station.
2. All vision obscuring device or alarm system equipment that is installed shall be UL (Underwriters Laboratory) listed to Standard 1037, or UL Standard 864, whichever is applicable. All installations shall meet the requirements of the NFPA 72 Standards set forth in the Fire Code when interfacing with a fire alarm system or a combined fire and burglar alarm system. The installer of a vision obscuring device or alarm system shall certify in writing that the device or system has been installed in accordance with all applicable codes and standards. The certification shall specify which codes and standards apply.
3. The device or alarm system shall be monitored on a twenty-four-hour basis by a central monitoring station that is ul listed under the Underwriters Laboratories Inc. A copy of the certificate of such listing shall be submitted to the Police Department.
4. The installation plans shall be reviewed by and a final inspection conducted by the Police and Fire Departments.
5. The premises upon which a device or alarm system is installed shall be posted with signs no smaller than eight and one-half-inch by eleven-inch advising emergency response personnel that the premises is equipped with a vision obscuring device or alarm system. The signs shall be securely fastened to all exterior sides of the building and at all entryways. The signs shall be made of a durable, weatherproof material and of a design approved by the Police and Fire Departments.
6. A knox-box or knox-key with a "vision obscuring system" shut-off switch shall be installed on the premises at a location approved by the Fire Department.
7. An approved mechanical means of evacuating the vision obscuring substance shall be provided for all premises that are three thousand square feet or more in size or any premises upon which is installed more than two vision obscuring devices or alarm systems.
8. Each device shall be connected to a single, dedicated zone on the alarm system control panel to indicate the discharge of the device.
9. Each vision obscuring device shall be programmed to discharge only after the activation of at least two zones or devices on the alarm system.
10. A waiver and notification shall be signed by the alarm subscriber and alarm business, acknowledging that the discharge of a vision obscuring device or alarm system may delay Police and Fire Department emergency operations, and may result in property damage. If the alarm subscriber is a tenant, the property owner, alarm subscriber and the alarm business, will sign the waiver and notification. The waiver and notification will be on a form prescribed by Fire Department.
11. The vision obscuring device or alarm system shall be operational only when the premises is not occupied by any person.
C. After installation of a vision obscuring device or alarm system the alarm subscriber and the alarm business shall perform all of the following duties.
1. Maintain each device and alarm system in good working order and take reasonable measures to prevent the occurrence of false activations.
2. Respond or cause the responsible party to respond to the location of an activated device or alarm system within fifteen minutes of notification by the monitoring business. In the event the monitoring business cannot contact a responsible party, the monitoring company shall contact a representative from the alarm business, who shall promptly respond to the location of the activated device or alarm system.
3. Instruct all persons who are authorized to place the device or alarm system into operation in the proper use and operation of the device or system and the appropriate procedures to cancel an activation through the monitoring business.
D. A vision obscuring addendum may be renewed upon submission of a joint renewal application from the alarm subscriber and alarm business not less than twenty days prior to expiration of the addendum, which shall include an inspection report that is prepared by the alarm business that maintains the device or alarm and specifies the service dates and maintenance performed during the preceding year and a non-refundable eighty dollar renewal fee. The renewal application shall be on a form prescribed by the Police Department. The Police Chief or his designee shall approve the renewal application provided that a Police and Fire Department inspection verifies the applicants' compliance with the installation standards set forth in this section, the applicants have paid all assessments imposed against them pursuant to Section 10-85, and the original installation of the device or alarm system has not been altered in the prior year without the written approval of the Police and Fire Chiefs or their designees.
(Ord. No. G-4378, § 10, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-85. False activation of vision obscuring device or alarm system; assessments; permit revocation.
A. The alarm subscriber and the alarm business shall be subject to a civil assessment for each false activation of a vision obscuring device or alarm system. Upon recording a false activation, the Police Department shall notify both the alarm subscriber and alarm business by mail of the false activation and the amount of the assessment. If the alarm subscriber or alarm business wishes to contest the determination that the activation was false or the imposition of the assessment, the alarm subscriber and alarm business shall, within twenty days of the date of the mailing of the initial notice of assessment, file a petition with the Police Chief. The petition shall contain specific defenses. The petition shall identify the specific cause of the activation, and include a copy of the central station report for the date and time of the activation and any relevant inspection reports, maintenance and service records. If the imposition of the assessment is challenged but not the false alarm determination, the petition shall specify what corrective action, if any, has been taken to prevent the future occurrence of false activations of the device or alarm system. An activation caused by an act of God or other extraordinary circumstances not reasonably subject to control by the alarm business or alarm subscriber shall be an affirmative defense.
B. If the petition is not received within twenty days of the date of mailing of initial notice of assessment required by subsection A of this section, the alarm subscriber and the alarm business shall be deemed to have waived their right to any further review or hearing as provided herein and the initial assessment shall be final.
C. Upon timely submission of a petition, the Police Chief or his designee shall review the defenses, if any, set forth in the petition. If it is determined that a valid defense to the initial determination of a false activation has been set forth, a notice will be sent to the alarm subscriber and alarm business that no assessment will be made for that particular activation. The notice shall specifically set forth the findings and conclusions of the Police Chief or his designee with respect to the review of the petition.
D. If the Police Chief or his designee determines that a defense to the initial notice of assessment has not been set forth in the petition, the Police Chief shall send a notice of decision by mail to both the alarm subscriber and the alarm business that they will be assessed pursuant to subsection E of this section. The notice of decision shall contain the specific findings and conclusions of the Police Chief.
E. The Police Chief or his designee shall impose an assessment under subsection A or D of this section in the amount of one hundred fifty-five dollars for a Police Department response, two hundred sixty-three dollars for a Fire Department response, and four hundred eighteen dollars if both departments respond, for each false activation. The alarm subscriber and alarm business, except as otherwise decided by the Police Chief or his designee or as provided in subsection J of this section, shall be jointly and severally responsible for the payment of the assessment.
F. Any party aggrieved by a decision of the Police Chief or his designee made pursuant to subsection D of this section may, within ten days of receipt of the notice of decision, appeal by filing a notice of appeal with the hearing officer so designated by the City Manager. The notice of appeal shall set forth the specific objections to the decision of the Police Chief, which forms the basis of the appeal. The hearing officer shall set a time and place for the hearing as soon as practicable.
G. The hearing officer shall conduct the hearing required by subsection F in an informal manner to determine whether there is a sufficient factual and legal basis to support the assessment. The hearing officer shall not be bound by the technical rules of evidence in the conduct of such hearings, provided that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence, including evidence of specific defenses and the claim that another party should be solely responsible for the assessments. The burden of proof shall be at all times upon the party or parties appealing the assessment.
H. The decision of the hearing officer shall be based upon the evidence presented and it shall affirm the assessment, in which case any assessments imposed shall be sustained, or reverse the assessment, in whole or in part, in which case no assessment or a lesser assessment shall be imposed. When the hearing officer affirms any part of the assessment on appeal, the hearing officer may designate the alarm subscriber or the alarm business as solely responsible for the payment of the assessment. The decision of the hearing officer is final.
I. The party responsible for the assessment shall tender the assessment within twenty days after the date of the final determination. All or any part of the assessment not paid when due will be subject to a charge of one and one-half percent per month, compounded monthly.
J. Upon the third or subsequent false activation of a vision obscuring device or alarm system within one year from the date of issuance of the vision obscuring addendum or the renewal date of the vision obscuring addendum, the Police Chief or his designee may revoke the vision obscuring addendum. The alarm subscriber and alarm business may appeal the revocation decision pursuant to the appeal procedures set forth in this section. The vision obscuring addendum shall be reinstated upon completion of the following conditions:
1. The alarm subscriber and alarm business certify in writing that corrective action was taken to prevent further false activations, and provide proof that the vision obscuring device or alarm system was inspected for malfunctions.
2. An inspection by the Police and Fire Departments verifies that the device or system operates in conformance with the standards set forth in this Article.
3. The alarm subscriber and alarm business have paid all assessments imposed pursuant to this section and not under appeal, and a reinstatement fee of two hundred seventy dollars.
K. It is unlawful:
1. For any person to manually activate a vision obscuring device or alarm system.
2. For an alarm subscriber to use or operate a vision obscuring device or alarm system without a valid vision obscuring addendum.
3. For an alarm subscriber or alarm business to fail to pay an assessment imposed under this section when due.
4. For an alarm subscriber or alarm business to install, use or operate a vision obscuring device or alarm system that emits or produces a harmful or hazardous substance, including tear gas.
5. For an alarm subscriber, proprietary alarm owner or alarm business to install a vision obscuring device or alarm system in a residential structure.
6. For an alarm subscriber, proprietary alarm owner or alarm business to use or operate a vision obscuring device or alarm system that is not connected to a twenty-four-hour monitoring station that will notify the Police and Fire Departments of each device or system activation.
7. For an alarm subscriber or an alarm business to violate any provision of this section.
(Ord. No. G-4378, § 10, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-86. Confidentiality.
The information furnished and secured pursuant to this ordinance shall be confidential and shall not be subject to public inspection.
(Ord. No. G-1940, § 3)
Sec. 10-86.01. Alarm subscriber permits.
A. Every alarm subscriber and proprietor alarm owner shall apply for and receive an alarm subscriber permit from the Police Department. Application shall be made with the Police Department for a permit within ten days of the installation date of a new alarm system. Alarm subscriber permits will be on forms approved by the Police Department and shall be accompanied by a fifteen dollar permit fee. An alarm subscriber permit is valid for one year and may be renewed for additional one-year periods on application and payment of an annual fifteen dollar renewal fee. An alarm subscriber permit shall be kept within the premises protected by the alarm and shall be available for inspection by the Police Department. Permits are not transferrable from one subscriber or proprietor to another subscriber or proprietor, or from one address to another address. A separate permit is required for each address. No refund or proration of the permit fee or annual renewal fee will be made.
B. A residential alarm subscriber or proprietor alarm owner who is on an annual fixed limited income that is at or below the federal poverty guidelines and is the primary resident of the residence, shall be issued an alarm subscriber permit without payment of the permit or renewal fee if no business is conducted in the residence and the applicant submits A completed permit application and a copy of a document verifying the applicant's income. For the purposes of this subsection, "fixed limited income" means the amount of verifiable income as defined by the department of health and human services annual HHS poverty guidelines.
C. Alarm systems that are operated by the county, state or federal government and installed on premises which such entity occupies or uses for governmental purposes shall not be subject to this Article. However, such entity shall apply for and obtain a permit for each alarm system it operates, which shall be issued without payment of the permit or renewal fee.
D. If an alarm subscriber has multiple alarm systems at one location, an alarm subscriber permit is required for each system. The fee for multiple systems at one address is fifteen dollars for the purposes of this Article:
1. The tenant of an apartment or other rental property who installs, purchases or rents an alarm system shall be deemed to be the alarm subscriber.
2. The owner of an apartment or other rental property that has an existing alarm system shall be deemed to be the alarm subscriber. each apartment unit shall be considered a separate address. The common areas or offices of the apartment complex will be considered one address.
E. When the Police Department has recorded an alarm for a subscriber or proprietor alarm owner who has not applied for an alarm subscriber permit in accordance with the provisions of this Article:
1. The Police Department shall send the alarm subscriber or proprietor alarm owner and the alarm business that called in the alarm to the Police Department a warning stating that they are in violation of the provisions of this Article. The warning will direct the alarm subscriber or proprietor alarm owner to apply for the alarm subscriber permit within ten days of the date of the warning. The warning shall notify the party that the failure to obtain the alarm subscriber permit shall result in an assessment of a service fee of eighty-five dollars per alarm activation for each alarm which occurs while the alarm system is operated without an alarm subscriber permit.
2. If the alarm subscriber or proprietor alarm owner applies for an alarm subscriber permit as required, the service fee assessment per alarm will not be imposed. If the alarm subscriber or proprietor alarm owner fails to apply for the alarm subscriber permit within ten days of the date of the warning, the Police Department shall notify the alarm subscriber or proprietor alarm owner that the applicable service fee will be assessed for each alarm which occurs while the system is operated without an alarm subscriber permit. The alarm subscriber or proprietor alarm owner may, within twenty days of the date of the mailing of the notice, appeal the initial assessment to the Police Chief by filing a petition with the Police Chief or his designee. The petition shall contain specific defenses, if any, to show why the assessment should not be imposed against the alarm subscriber or proprietor alarm owner.
3. Any petition submitted pursuant to paragraph 2 shall be filed with the Police Chief or his designee within the time specified. If the petition is not timely filed, any notified party shall be deemed to have waived the right to any further review or hearing as provided herein and the service fee assessment shall be final.
4. If a petition is timely filed pursuant to paragraph 2, the Police Chief or his designee shall review the specific defenses set forth in the petition. If it is determined that a valid defense to the initial assessment has been set forth, a notice will be sent to the alarm subscriber or proprietor alarm owner informing them that the initial assessment is reversed. The notice shall specifically set forth the Police Chief's findings and conclusions.
5. If the Police Chief or his designee determines that a defense to the initial assessment has not been set forth, a notice shall be sent by mail to the alarm subscriber or the proprietor alarm owner informing them that the initial assessment is upheld. The notice of decision shall include the Police Chief's specific findings and conclusions. The Police Chief's decision is subject to appeal pursuant to Section 10-77.
6. An alarm subscriber or proprietor alarm owner who fails to apply for an alarm subscriber permit as required by paragraph 1 shall be assessed a service fee in the amount of eighty-five dollars for each alarm activation to recover the costs of the Police response while the alarm or alarm system is operated without an alarm subscriber permit. The alarm subscriber or proprietor alarm owner shall tender the assessed service fee within twenty days of a final determination of assessment pursuant to this section or Section 10-77. If the alarm business did not comply with Section 10-69(G) and submit the required form, the alarm business shall be assessed the service fee. In the event the assessed service fee is not tendered, the unpaid balance of the assessment will be subject to a charge of one and one-half percent per month, compounded monthly.
7. It shall be unlawful for an alarm subscriber or proprietor alarm owner to operate an alarm system without a valid alarm subscriber permit issued in accordance with the provisions of this Article.
(Ord. No. G-3344, § 15; Ord. No. G-3372, § 1; Ord. No. G-3500, § 3; Ord. No. G-4003, § 19, passed 4-30-1997, eff. 7-1-1997; Ord. No. G-4378, § 11, passed 7-5-2001, eff. 1-1-2002)
Sec. 10-86.02. Reserved.
Editor's note: Section 10-86.02 was repealed; see Ord. No. G-3500, § 4.
ARTICLE X.
ESCORTS AND ESCORT BUREAUS*
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Cross references: Sexually oriented businesses, § 10-131 et seq.; offenses involving morals, § 23-52 et seq.
State law references: Hours of operation of escort services, A.R.S. § 13-1422.
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Sec. 10-87. Definitions.
In this Article, unless the context otherwise requires:
A. Applicant means the person applying for a license pursuant to this Article.
B. City Clerk means the City Clerk of the City of Phoenix or the City Clerk's designee.
C. Designated agent means the individual designated by the applicant to receive City notices pursuant to this Article.
D. Employed means the state of being hired, engaged or authorized to provide any service on a full time, part time, or contract basis, whether the individual is denominated an employee, independent contractor or otherwise, and whether the individual is compensated.
E. Escort means any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment, within any place of public resort, or within any private quarters.
F. Escort bureau means any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
G. Escort bureau runner means any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either an escort bureau or a patron, contacts or meets with escort patrons or escort bureaus at any location other than the established open office, as defined hereunder, whether that person is employed by the escort bureau or any business, or is self-employed.
H. Licensee means a person who is the holder of a valid license under this ordinance. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is or would be prohibited from doing or performing an act or acts under this title.
I. Manager means an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this Article.
J. Offer to provide acts of sexual conduct means to offer, propose or solicit to provide sexual conduct to a patron, including all conversations, advertisements and acts that would lead a reasonably prudent person to conclude that such acts were to be provided.
K. Open office means an office at the licensed escort bureau address from which escort business is transacted. To qualify as an open office it is required that:
1. Business hours be established and posted and that the office be open to the public and patrons or prospective patrons during such business hours and that the office be accessible to business invitees, business license officials and law enforcement officers through a security system during all other hours that escorts are working.
2. The office be managed by the owner or a manager of the owner having authority to bind the bureau to escort and patron contracts and adjust patron and consumer complaints.
3. All telephone lines and numbers listed to the escort bureau, or advertised as escort bureau numbers, must be on file with the City Clerk.
4. An index of all employees and escorts be kept in the open office.
5. All business records be kept in the open office including records of escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of escort sent and whether the referral resulted in an escort service and the total fee received from the patron, if any.
6. The business license be posted in a conspicuous place to patrons upon entry.
L. Person means any individual, firm, partnership, corporation or association of any kind.
M. Person financially interested means, for a corporation, any person who is an officer or a director or any shareholder holding more than five percent of the shares thereof; and for a noncorporate business any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of five percent of gross or ten percent of net revenue.
N. Service oriented escort means an escort for whom all of the following are true:
1. Operates from an open office.
2. Does not employ or use an escort bureau runner.
3. Does not advertise that sexual conduct will be provided or work for an escort bureau that so advertises.
4. Does not offer, solicit, agree to provide, or provide sexual conduct.
O. Service oriented escort bureau means an escort bureau for which all of the following are true:
1. Maintains an open office at an established place of business.
2. Does not use an escort bureau runner.
3. Does not advertise, offer, solicit, agree to, or provide sexual conduct to a patron.
4. Employs or provides only escorts who possess escort identification cards.
P. Sexual conduct means engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying sexual desire of another person.
Q. Sexual gratification means sexual conduct as defined herein.
R. Sexually oriented acts means sexual conduct as defined herein.
S. Sexually oriented escort means an escort for whom any of the following are true:
1. Employs an escort bureau runner as an employee, agent or independent contractor.
2. Works for, as an agent, employee or independent contractor, or is referred to a patron by, a sexually oriented escort bureau.
3. Advertises that sexual conduct will be provided, or works for as an agent, employee or independent contractor, or is referred to a patron by, an escort bureau that so advertises.
4. Solicits, offers, agrees to provide or does provide acts of sexual conduct to an escort patron.
5. Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort bureau.
T. Sexually oriented escort bureau means an escort bureau for which any of the following are true:
1. Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided.
2. Uses as escorts persons known to have been convicted of any offense in Chapter 32 (Prostitution) of Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offense in another state or jurisdiction, within the previous five years.
3. Does not maintain an open office.
4. Employs as an employee, agent or independent contractor, or uses an escort bureau runner.
5. Advertises that sexual conduct will be provided or that escorts that provide such sexual conduct will be provided, referred, or introduced to a patron.
6. Solicits, offers or agrees to provide or does provide acts of sexual conduct to a patron.
7. Employs, contracts with or provides or refers escorts who do not possess escort identification cards as required herein.
8. Does not deliver contracts to every patron or customer.
9. Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
U. Sexual stimulation means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts of sexual conduct."
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 26; Ord. No. G-3891, § 1; Ord. No. G-5035, § 1, adopted 12-5-2007, eff. 1-4-2008)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-88. Nonprofit corporation or organization exemptions.
An organization that is qualified for exemption from taxation of income under A.R.S. § 43-1201(1), (2), (4), (5), (6), (7), (10) or (11), and all professions, occupations and businesses that are licensed by the State of Arizona or any political subdivision thereof pursuant to a specific statute or ordinance, and all employees employed by a business so licensed, and that perform an escort or escort bureau function as a service merely incidental to the primary function of such organization, profession, occupation or business and that do not hold themselves out to the public as an escort or escort bureau, are exempt from licensing pursuant to this Article. Any employment agency, licensed by the State, that provides escorts as defined herein, must, however, obtain a license as required by this chapter.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-5035, § 2, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-89. Escort bureau, license required; adult cabaret exception.
A. It shall be unlawful for any person to work or perform services as, conduct, manage, operate, or maintain an escort bureau unless licensed pursuant to this Article.
B. It shall be unlawful for any person to operate a business that has been licensed under this Article while the license for that business is suspended.
C. It shall be unlawful for any person to work or perform services as, conduct, operate, manage, or maintain a sexually oriented escort bureau, regardless of license.
D. It shall be unlawful to operate an escort bureau that has not been issued a separate license for each location at which the escort bureau conducts business or advertises.
E. It shall be unlawful to knowingly employ an escort with a revoked identification card.
F. Notwithstanding any other provision of this Article, any person issued a sexually oriented business license to operate an adult cabaret pursuant to the provisions of Article XII of of this Code is exempt from the requirements of this Article for those licensed activities while that license is valid and unsuspended.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3740, § 1; Ord. No. G-3806, § 1; Ord. No. G-3834, § 1; Ord. No. G-4142, § 1, passed 12-9-1998, eff. 1-8-1999; Ord. No. G-5035, § 3, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-89.1 Escorts; identification card issuance; revocation; appeal; information update.
A. An applicant for an escort identification card shall file an application with the City Clerk on a form prescribed by the City Clerk for that purpose and shall provide the following information:
1. Full true name and all aliases.
2. Current mailing address.
3. Height, weight and color of hair and eyes.
4. Date of birth and written proof of age in the form of a current driver's license with photograph, or other current picture identification document issued by a governmental agency.
5. A statement as to whether the applicant has been convicted of any offense in Chapter 32 (Prostitution) of Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offense in another state or jurisdiction, within the previous five years.
6. Whether the applicant has an outstanding arrest warrant.
7. Signature of applicant.
8. One digital photograph of the applicant taken by the City at the time of application.
9. A notarized statement in a form prescribed by the City Clerk that the applicant is authorized to work for the designated licensed escort bureau.
B. The application shall be approved unless the applicant has:
1. Not reached the age of eighteen years.
2. Not paid the application fee.
3. Been convicted of an offense listed in Subsection A within the previous five years.
4. Not completed the application as required by this Section and Section 10-91.01.
5. Given false or misleading information in the application or in an earlier-filed application within the previous five years.
6. An outstanding arrest warrant issued on an underlying charge relating to prostitution or a similar offense, in this or any other state.
7. Applied for an identification card for an escort bureau with a suspended or revoked license.
C. If the application is denied, the City Clerk shall hand deliver, or mail by certified mail to the mailing address of the applicant, a notice of denial that states the reasons therefor. Service by mail shall be complete five calendar days after mailing.
D. The applicant may appeal a notice of denial by filing a notice of appeal in the Office of the City Clerk within ten calendar days of receipt of the denial. An appeal of a notice of denial shall be heard by the License Appeal Board pursuant to the provisions of Article II of Chapter 19 of the Phoenix City Code.
E. An identification card shall be revoked under the following circumstances:
1. The applicant failed to pay the application fee.
2. The applicant gave false or misleading information in the application.
3. The applicant has been convicted of an offense listed at Subsection A within the five year period prior to the date of application.
4. The applicant has been convicted of an offense listed at Subsection A subsequent to the issuance of the identification card.
5. An escort bureau license in the name of the escort has been revoked within the previous five years.
6. The applicant is a sexually oriented escort as defined in this Article.
7. The license of the escort bureau for which the identification card was issued has been revoked or terminated.
F. If the identification card is revoked, the City Clerk shall hand deliver, or mail by certified mail to the mailing address of the card holder, a notice of revocation that states the reasons therefor. Service by mail shall be complete five calendar days after mailing.
G. The identification card holder may appeal a notice of revocation by filing a notice of appeal in the Office of the City Clerk within ten calendar days of receipt of the notice of revocation. An appeal of a notice of revocation shall be heard by the License Appeal Board pursuant to the provisions of Article II of Chapter 19 of the Phoenix City Code.
H. An identification card revoked pursuant to this Section shall be surrendered to the City Clerk upon demand at the conclusion of the administrative case or any appeal taken.
I. Any change in the information required to be submitted pursuant to this Section, or any conviction of an offense listed at Subsection A subsequent to the date of application shall be reported to the City Clerk on a form prescribed by the City Clerk for that purpose within ten calendar days of the change or the conviction.
(Ord. No. G-5035, § 4, adopted 12-5-2007, eff. 1-4-2008; Ord. No. G-5224, § 9, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-90. License and identification card term; nontransferability.
A. A license issued pursuant to the provisions of this Article shall expire at midnight on December 31 of the year of application provided that a license approved by the City Clerk on or after the fifth business day of October of any calendar year shall expire at midnight on December 31 of the following year. All licenses issued pursuant to this Article are non-transferable.
B. An escort identification card shall expire on the expiration date of the license of the escort bureau for which it was issued. The expiration date to be used shall be the expiration date of the escort bureau license on the date of application for the identification card.
C. All identification cards issued pursuant to this Article are non-transferable.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-5035, § 5, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-91. Application for escort bureau license; contents; required fees.
A. An applicant for an escort bureau license shall file an application with the City Clerk accompanied by a nonrefundable application fee.
B. The application shall contain the following information about the applicant, any person financially interested in the activity to be licensed, any authorized local agents, the designated agent, and any manager of the business:
1. The full legal name, business trade names or styles, business phone number, legal form of applicant, current residential phone number, and current residential or legal address.
2. Each residence and business address for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address.
3. Written proof in the form of a current driver's license with picture, or other current picture identification document issued by a governmental agency, that the individual has reached the age of eighteen years.
4. Height, weight, color of eyes and hair and date of birth.
5. One digital photograph taken by the city at the time of application.
6. The business, occupation or employment history for the five-year period immediately preceding the date of the filing of the application.
7. Information as to whether such individual or business has ever been refused any similar license or permit or has had any similar license or permit issued to such individual or business in Phoenix or elsewhere revoked or suspended, and the reason or reasons therefor.
8. All prior criminal convictions, excepting minor traffic offenses, and warrants issued for the arrest of the applicant.
9. Fingerprints.
10. If the applicant is a person other than an individual, the applicant shall designate one of its officers, members or partners to act as its designated agent. The designated agent shall complete and sign all application forms required of an applicant under this ordinance.
11. A description of any service to be provided together with a declaration that the services to be provided shall not involve those of a sexually oriented escort or escort bureau.
12. The name, identification card number and all other names under which the escort is providing services for the escort bureau for each person employed as an escort.
13. All telephone numbers that the escort bureau is using or under which the escort bureau is doing business or advertising.
14. All business names, trade names or fictitious names under which the escort bureau is doing business or advertising.
C. The City Clerk shall have a reasonable period of time in which to investigate the application and background of the applicant and process the application through various City departments.
D. The City Clerk shall grant the license upon the following circumstances:
1. The required fees have been paid.
2. The application conforms in all respects to the provisions of this Article.
3. The applicant has not made a material misrepresentation of fact in the application.
4. That neither the applicant, if an individual, nor any person financially interested if a corporation, nor any of the partners, including limited partners, nor the holder of any profit interest, nor the manager or other person principally in charge of the operation of the existing or proposed escort bureau, nor the designated agent, nor any individual employed or contracted with to be an escort or to provide escort services has been convicted of, pleaded nolo contendere to or guilty to any felony, or to a misdemeanor involving moral turpitude, within five years prior to the issuance of the license. This section shall be inapplicable to an individual whose civil rights have been restored in accordance with law, unless the conviction involves a criminal violation of this Article.
5. The applicant has not had a license similar to the one issued pursuant to the provisions of this Article issued by another authority, suspended or revoked within the five-year period immediately preceding the date of the filing of the application.
6. The escort bureau is in compliance with all applicable laws of the City of Phoenix, County and State.
7. The applicant, manager, designated agent, or other person principally in charge of the operation of the business is at least eighteen years of age.
8. The applicant has not had a license issued pursuant to this Article suspended or revoked within the five-year period immediately preceding the date of filing of the application.
E. The City Clerk shall deny the license application if all of the requirements set forth in subsections D(1) through (8) of this Section have not been met. In the event of denial, the applicant shall be notified by certified mail or hand-delivery of the denial and the reasons therefor. Service by mail shall be complete five calendar days after mailing. The applicant may appeal such denial to the License Appeal Board pursuant to the provisions of Chapter 19 of the Phoenix City Code.
F. The City Clerk may require each applicant, any person financially interested in the activity to be licensed, any authorized local agents, the designated agent, and any manager of the business to furnish a full set of fingerprints to enable the City Clerk to conduct a criminal background investigation. The City Clerk shall submit the person's completed fingerprint card to the Department of Public Safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544. The Department of Public Safety is authorized to exchange the person's submitted fingerprint card information with the Federal Bureau of Investigation for a National Criminal History Records Check.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 27; Ord. No. G-3891, §§ 2, 3; Ord. No. G-4543, § 6, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-5035, § 6, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-91.01. Application; additional requirements.
A. No license or identification card 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, § 10, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-92. Escorts, unlawful to work as.
A. It shall be unlawful for any person to work or perform services as an escort within the City of Phoenix unless that person possesses a valid identification card issued pursuant to Section 10-89.1 in the name of the escort and the escort bureau.
B. It shall be unlawful for any person to work or perform services as a sexually oriented escort, regardless of license or identification card.
C. It shall be unlawful for any person to knowingly act as an escort for an escort bureau that has a suspended or revoked license.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-5035, § 7, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-93. Escort identification card; possession and display.
The identification card issued pursuant to this Article must be carried on the person of any individual while that person is engaged in the activity of an escort within the City of Phoenix. Such identification card shall be displayed upon the request of any Phoenix Police Officer or other law enforcement or regulatory licensing official.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-5035, § 8, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-94. Escort bureau duties.
A. The escort bureau shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the name of the escort bureau licensee, the type of services to be performed, the length of time such services shall be performed, the total amount of money such services shall cost the patron, and any special terms or conditions relating to the services to be performed.
B. The escort bureau shall maintain an open office at the licensed location that is located within the City of Phoenix. The street address of that office shall be included in all patron contracts. Private rooms or booths where the patron may meet with the escort shall not be provided at the open office or at any other location by the escort bureau.
C. The escort bureau, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors including, but not limited to, telephone receptionists and escorts who are referred by that bureau while the escort is with the patron.
D. No escort bureau may employ an escort until the name, identification card number and all fictitious names under which that escort is known or advertised are first reported to the City Clerk in and on a form prescribed by the City Clerk for that purpose.
E. No escort bureau may use, do business under or advertise a telephone number until that number has first been reported to the City Clerk on a form prescribed by the City Clerk for that purpose.
F. No escort bureau may use a business name, trade name or fictitious name until that name has first been reported to the City Clerk in and on a form prescribed by the City Clerk for that purpose.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3891, § 4; Ord. No. G-5035, § 9, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-94.A. Advertising without a license.
It is unlawful to advertise or hold out to the public the availability of an escort or escort bureau without obtaining a license therefor as provided in this Article, whether the actual business of escorts or escort bureau as defined in this Article is performed. The escort bureau license number must be prominently displayed in such advertisements.
(Ord. No. G-3216, § 1)
Sec. 10-95. Information update.
Except for the information required by paragraphs 12, 13 and 14 of Subsection 10-91(B), any change in the information required to be submitted by this Article must be received in the Office of the City Clerk, in or on the form prescribed by the City Clerk for this purpose, within ten calendar days of any such change.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 28; Ord. No. G-5035, § 10, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-96. Underage clients prohibited; exception.
It shall be unlawful for a licensee to provide escort services as described in this Article to individuals under eighteen years of age unless written authorization by a parent or legal guardian is issued to the escort when acting as such.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-5035, § 11, adopted 12-5-2007, eff. 1-4-2008)
Cross references: Minors, ch. 22.
Sec. 10-97. Renewal of licenses.
Any license issued pursuant to the provisions of this Article that has not been revoked may be renewed for a period of time not to exceed one year on written application to the City Clerk made at least forty-five days, but no earlier than the fifth city business day of October, prior to the expiration date of the current valid license. The renewal application shall be on a form provided by the City Clerk, shall contain all of the information required by Section 10-91, and shall include the renewal fee provided for in this Article.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 29; Ord. No. G-5035, § 12, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-98. Fees.
A non-refundable application fee in the amount of three hundred dollars shall accompany each application for an escort bureau. In addition to this application fee, the applicant shall pay the City Clerk the fee established by the Director of the State Department of Public Safety for the processing of State noncriminal justice fingerprints. This fee shall be paid for each person, after the first, required to submit fingerprints pursuant to Section 10-91. Upon approval an initial license fee of one hundred thirty dollars shall be assessed. A renewal fee of one hundred thirty dollars shall accompany each renewal application. A fee of twenty-two dollars shall accompany each request for the issuance of an escort identification card.
(Ord. No. G-2941, § 1; Ord. No. G-3012, § 4; Ord. No. G-3131, § 4; Ord. No. G-3216, § 1; Ord. No. G-3238, § 4; Ord. No. G-3336, § 7; Ord. No. G-3758, § 5; Ord. No. G-3891, § 5; Ord. No. G-4100, § 5, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 7, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4350, § 5, passed 5-16-2001, eff. 7-1-2001; Ord. No. G-4503, § 3, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4543, § 7, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4682, § 6, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4794, § 4, adopted 5-3-2006, eff. 7-1-2006; Ord. No. G-4909, § 1, adopted 5-30-2007, eff. 6-29-2007; Ord. No. G-5035, § 13, adopted 12-5-2007, eff. 1-4-2008; Ord. No. G-5161, §§ 6, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5331, § 7, 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.
Sec. 10-99. Revocation of license, grounds and procedure; appeal.
A. Any license issued pursuant to this Article shall be revoked upon any one or more of the following grounds:
1. The licensee, any employee, agent, 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 10-87 has violated any provision of this Article in conducting an activity licensed under the provisions of this Article.
2. The licensee, any employee, agent or any 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 10-87 has made a material misrepresentation of fact in the application for any license required in this Article.
3. The licensee has been convicted, subsequent to the issuance of any license, of a crime that is either a felony or a misdemeanor involving moral turpitude or has offered or agreed to or rendered the service of a sexually oriented escort.
4. The licensee has violated a provision of this Article in conducting a licensed activity pursuant to this Article.
5. The licensee is a corporation or limited liability company and is not or is no longer qualified to transact business in the State of Arizona.
B. To revoke a license, the City Clerk shall notify the licensee either by hand-delivery or in writing by certified mail to the address as shown on the application, or otherwise more recently of record, that said license is revoked. The cause for such revocation shall be set forth in the notice. Service by mail shall be complete five calendar days after mailing.
C. Except as otherwise provided in this Article, the license shall terminate if the licensee fails to pay any license fee owed either when due or by the end of any renewal period, or fails to submit a renewal application within the time period prescribed by Section 10-97.
D. Appeals from the revocation of a license as provided for in this Article may be appealed to the License Appeal Board in accordance with the procedures in Article II of Chapter 19 of the Phoenix City Code.
E. A revoked license, and all escort identification cards issued in the name of that escort bureau, shall be surrendered to the City Clerk on demand at the conclusion of the administrative case or any appeal taken.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1; Ord. No. G-3683, § 30; Ord. No. G-3891, § 6; Ord. No. G-5035, § 14, adopted 12-5-2007, eff. 1-4-2008)
Sec. 10-99.1. Voluntary termination of license.
No license shall be voluntarily terminated except as provided in this Section. A licensee may apply for license termination by completing an application form provided by the City Clerk for that purpose. The applicant shall indicate on the application whether the license is in use and shall keep that information current in the records of the City until the application has been approved or denied. The application shall be granted unless: (1) the application is incomplete or has been falsified, (2) the license is suspended, (3) the license has been noticed for revocation, or (4) the City Clerk determines that the Phoenix Police Department has witnessed one or more violations of this Article that are unresolved, in which case the application shall be denied. An application filed pursuant to this section that has not been either approved or denied within thirty calendar days after submission of the application shall be deemed approved. A decision to deny an application shall be served and appealed as provided in Section 10-99, provided that an appeal shall automatically result in a hearing that shall be held, and a decision rendered, no later than sixty calendar days after receipt of the request for hearing. If the licensee requests a hearing, either the Board or the City Clerk may continue the hearing on the request of the licensee for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the respondent's waiver of the time deadline for holding the hearing and issuing the decision established by this subsection.
(Ord. No. G-5035, § 15, adopted 12-5-2007, eff. 1-4-2008
Sec. 10-100. Applicability of regulations to existing businesses.
The provisions of this Article shall be applicable to all persons and activities described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Article into law. All such persons and businesses shall have sixty days from said effective date hereof to comply with the provisions of this Article.
(Ord. No. G-2941, § 1; Ord. No. G-3216, § 1)
Sec. 10-101. Effective date.
This ordinance shall be effective January 1, 1987.
(Ord. No. G-2941, § 1)
Secs. 10-102– 10-120. Reserved.
ARTICLE XI.
RESERVED
Secs. 10-121– 10-130. Reserved.
ARTICLE XII.
SEXUALLY ORIENTED
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Cross references: Topless bars, § 6-15; video center license, § 7-30.1; escorts and escort bureaus, § 10-87 et seq.; offenses involving morals, § 23-52 et seq.; live sex act businesses, § 23-54; zoning, ch. 41.
State law references: Hours of operation of sexually oriented businesses, A.R.S. § 13-1422.
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Sec. 10-131. Definitions.
In this Article, unless the context otherwise requires:
1. Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
2. Adult cabaret means a nightclub, bar, restaurant, escort bureau, nude model studio, or similar commercial establishment that, during any part of any two or more days within any continuous thirty calendar day period, features live performances or activities on the business premises that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." The term "adult cabaret" is intended to apply to businesses that emphasize and seek, through the conduct of one or more dancers or performers, to arouse or excite the patron's sexual desires. Nothing in the definition of "adult cabaret" shall be construed to apply to the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
3. Adult cabaret performer means any employee who performs either semi-nude or in a state of nudity on the business premises, except an employee who:
a. Performs only upon a stage upon which no patrons are then present, and
b. While on that stage does not make physical contact with any patron other than incidental hand-to-hand contact that may occur during the act of tipping.
For purposes of this definition, a patron is considered to be present on a stage if the licensee, or any employee of the licensee, knowingly permits any part of the body of a patron, other than the patron's hands and arms, to be supported by the surface of the stage.
4. Adult motel means a hotel, motel or similar commercial establishment that:
a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or
b. Offers a sleeping room for rent for a period of time that is less than ten hours; or
c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
5. Adult theater means a commercial establishment, or portion of a commercial establishment, that offers, for any form of consideration, during any part of any two or more days within any continuous thirty calendar day period, films, motion pictures, video cassettes, or other video reproductions that depict explicit sexual activity in a viewing room of one hundred fifty square feet of floor space or greater. Multiple viewing rooms of one hundred and fifty feet of floor space or greater located on the same business premises shall be considered one adult theater.
6. City Clerk means the City Clerk of the City Clerk Department of the City of Phoenix or her designee.
7. Column means a building component used primarily to support axial compressive load that is no wider, including aesthetic features and decorative attachments, than two feet at its widest point and is separated from the closest point of the next closest column by at least ten feet.
8. Dancing pole means a vertical pole that is regularly used by adult cabaret performers during performances that occur upon a stage and that is no wider than four inches at its widest point, provided that no vertical pole located within three feet of another vertical pole shall qualify as a dancing pole.
9. Direct line of sight means a straight line between the observer and the object being observed, unobstructed by any wall, curtain, glass, partition, or other physical barrier of any description, excluding a dancing pole and a guardrail.
10. Employ or employment shall mean the act of hiring, or engaging, or authorizing the services of, an employee.
11. Employee means an individual who is hired, engaged or authorized to perform any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the individual is denominated an employee, independent contractor or otherwise. "Employee" includes an individual who is authorized to perform any service on the licensed premises for no compensation and an individual who is authorized to perform any service on the licensed premises in exchange for the payment of any form of consideration to the licensee. "Employee" does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the licensee, nor an attorney, accountant or other person whose primary function is to provide professional advice and assistance to the licensee.
12. Erotic entertainer shall have the meaning as prescribed at Section 6-15.
13. Escort means any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment, within any place of public resort, or within any private quarters.
14. Escort bureau means a person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer, escorts, or provides, or offers to introduce, patrons to escorts.
15. Established or establishment mean and include any of the following:
a. The opening or commencement of any sexually oriented business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
c. The addition of any sexually oriented business to any other existing sexually oriented business; or
d. The relocation of any sexually oriented business.
16. Explicit sexual activity means the clearly visible insertion of the human penis into the mouth, anus or vagina of any person.
17. General patron area means that portion of the business premises, excluding lobbies and restrooms, that is available to any member of the general public lawfully on the premises.
18. Guardrail means a guardrail required to be present by applicable codes or regulations, with components evenly distributed throughout, that does not obstruct more than thirty percent of the view within the outer perimeter of the guardrail.
19. Knowingly means, with respect to conduct or to a circumstance described by an ordinance defining an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
20. License means the license required by this Article as a condition to operating a sexually oriented business.
21. Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.
22. Manager means any employee of an adult cabaret, an adult arcade, an adult motel, or an adult theater, who is authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions required of a manager by this Article.
23. Manager's station means that location or locations designated by the business for purposes of placing a manager to observe employee performances and patron conduct.
24. Non-porous excludes any wood, plywood, composition board or other porous material.
25. Nude model studio means any place where a person appears semi-nude, in a state of nudity, or displays specified anatomical areas, and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted, by other persons for any form of consideration. "Nude model studio" does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which all of the following apply:
a. A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude or semi-nude person is available for viewing; or
b. Where in order to participate in a class a student must enroll at least three calendar days in advance of the class; and
c. Where no more than one nude or semi-nude model is on the premises at any one time.
26. Nudity or a state of nudity means:
a. The appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast; or
b. A state of dress that fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast.
27. Open room means a room or space inside of a building that: (a) meets the following test: each point within the room or space is visible to all other points within the room or space, measured at a height just above fifty-four inches and ignoring all items not considered to be a wall pursuant to this definition, (b) is nine hundred square feet or more in area, (c) has a level floor, and (d) contains no walls. For purposes of this paragraph, a wall is any wall, curtain, room divider, furniture, plant or planter, railing, barrier or other solid object, including transparent glass, that rises higher than fifty-four inches from the level of the floor, provided that the following shall not be considered a wall: (a) a column, (b) a dancing pole, (c) a guardrail, (d) a stage, (e) a vending machine and (f) an individual. The interior space to be measured shall include only the general patron area, all stages used for performances, and all managers' stations provided that the manager's station has no wall higher than fifty-four inches from the level of the floor. For purposes of this paragraph, the room or space to be measured may include contiguous levels of higher elevation if they meet both of the following requirements: (a) the level is no higher than thirty-two inches from the level of the lowest finished floor, and (b) the level contains no wall higher than fifty-four inches from the level of the lowest finished floor.
28. Operate or causes to be operated means to: (a) cause to function or to put or keep in operation, or (b) participate directly and regularly in decisions relating to the operation of the business, with the authority to hire managers. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, manager or licensee of the business. Any individual with the authority to hire managers may be presumed to be operating the business for purposes of this definition.
29. Oral sexual contact means oral contact with the penis, vulva or anus.
30. Permit means the permit required by this Article to work as a manager of certain sexually oriented businesses.
31. Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
32. Physical contact shall mean direct or indirect physical contact that occurs between two individuals, including contact that occurs through clothing or by means of any object.
33. Sexually oriented business means an adult arcade, adult cabaret, adult motel, or adult theater.
34. Semi-nude means a state of dress that shows the female breast below a horizontal line across the top of the areola at its highest point, or which shows the male or female buttocks. This definition shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part.
35. Sexual contact means any direct or indirect touching, fondling or manipulating of any part of the unclothed genitals or unclothed anus by any part of the body or by any object or causing a person to engage in such contact.
36. Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.
37. Specified anatomical areas means: (a) Human genitals in a state of sexual arousal; (b) the appearance of the anus, male or female genitals, or areola of the female breast; or (c) a state of dress that fails to opaquely cover the anus, male or female genitals, or areola of the female breast.
38. Specified sexual activities means and includes any of the following:
a. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in connection with any activities set forth in (a) through (c) above.
39. Stage means that portion of the business premises that has been designated as a stage by the licensee pursuant to the provisions of this Article, or that portion of the business premises that is principally used for employees to perform either semi-nude or in a state of nudity without the presence of patrons. In either case, a "stage" shall include all stairs or ramps leading thereto.
40. Topless bar shall have the meaning as prescribed at Section 6-15.
41. Transfer of ownership or control of a sexually oriented business means any of the following:
a. The sale, lease, or sublease of the business;
b. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
42. Vending machine means a machine regularly used to dispense small items for a consideration that is operational and in use, including an automatic teller machine, provided that the rear of the machine is located no more than one foot from a perimeter wall and the front of the machine extends no farther than five feet from that same perimeter wall.
43. Viewing room means the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, motion picture, video cassette, or other video reproduction.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 31; Ord. No. G-3718, § 2; Ord. No. G-3775, § 1; Ord. No. G-3876, § 1; Ord. No. G-3894, § 1; Ord. No. G-4142, §§ 2, 3, passed 12-9-1998, eff. 1-8-1999; Ord. No. G-4143, §§ 1, 2, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 1, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4622, §§ 1– 3, adopted 6-23-2004, eff. 7-23-2004)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-132. Classification.
Sexually oriented businesses shall be classified as follows:
1. Adult arcades;
2. Adult cabarets;
3. Adult motels; and
4. Adult theaters.
(Ord. No. G-3671, § 2; Ord. No. G-4410, § 2, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-133. License, permit, or identification card required.
A. It shall be unlawful for any person:
1. To operate a sexually oriented business without a separate, valid license, issued by the City for each classification of business listed at Section 10-132. A suspended license is not a valid license for purposes of this paragraph.
2. To employ or hire a manager who does not either possess a sexually oriented business manager's permit as required by subsection (C) of this section or comply with the requirements of subsection 10-134.01(C).
3. To operate an adult cabaret, an adult arcade, an adult motel, or an adult theater, without a manager who either has been issued a permit pursuant to the provisions of this Article or who has met the requirements of subsection 10-134.01(C).
4. To employ an adult cabaret performer who does not possess a valid, unexpired, unrevoked identification card issued pursuant to either Section 10-134.02 or Section 6-17, or a valid, unexpired, unrevoked provisional identification card issued pursuant to Section 10-134.02.
5. Who has not reached the age of eighteen years to appear on the premises of an adult cabaret as an employee, regardless of whether that person has been issued an identification card, or a provisional identification card, pursuant to this Article or Article IV of Chapter 6.
B. It shall be unlawful for any person who is an employee of an adult cabaret to appear on the premises of the adult cabaret as an adult cabaret performer without possessing on his or her person, or on the business premises, either:
1. A valid, unexpired, unrevoked identification card issued by the City pursuant to this Article;
2. A valid, unexpired, unrevoked identification card issued pursuant to Article IV of Chapter 6;
3. A valid, unexpired, unrevoked provisional identification card issued pursuant to Section 10-134.02; or
4. A copy of an unexpired temporary work authorization provided to the person by a licensee in compliance with Section 10-134.03.
C. It shall be unlawful for a person to be a manager of an adult cabaret, an adult arcade, adult motel, or an adult theater, without either possessing a valid permit or meeting the requirements of subsection 10-134.01(C).
D. An applicant for a license or permit shall file in person at the Office of the City Clerk an application made on a form prescribed and provided by the City Clerk. The applicant shall be qualified according to the provisions of this Article. The application shall be signed under oath by the applicant and notarized. The application shall include the following information:
1. The full true name and any other names used in the preceding five years.
2. Current residence address and telephone number.
3. Residence addresses for the previous five years and dates at each.
4. Place and date of birth.
5. Height, weight, and color of hair and eyes.
6. If the application is for a license, the name, business location, business mailing address and phone number of the sexually oriented business.
7. Written proof of age, in the form of a current driver's license with picture, or other picture identification document issued by a governmental agency.
8. Two identical, portrait, passport-quality photographs of the applicant, approximately two inches by two inches in size, taken within the preceding month, one digital photograph taken by the City at the time of application, and one set of the applicant's complete fingerprints.
9. The issuing jurisdiction and the effective dates of any license or permit relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefor.
10. All criminal charges, complaints, informations, or indictments in the preceding five years which resulted in a conviction or a plea of guilty or no contest for any offense described in Section 10-134(A)(7) and committed in this state, or any offense committed outside this state which if committed in this state would constitute an offense described in Section 10-134(A)(7).
11. If the application is for a license, the name and address of the statutory agent or other agent authorized to receive service of process.
12. If applicable, applicant's spouse's full true name, maiden name, other names used in the preceding five years, current residence address, and date and place of birth.
13. If the application is for a permit, the business name and physical address for each licensee at which the permittee will be providing the services of a manager and the date and time at which such services will begin.
14. If the application is for a license, the hours during which the business will or may be operated for each day of the week.
15. If the application is for a license, evidence that the applicant has a legal or equitable right to operate the sexually oriented business on the premises for a stated period of time beginning no later than thirty calendar days from the date of application. The evidence meeting the requirement of this paragraph may be either a deed, lease, or other similar document, or a sworn, signed statement on a form provided by the City Clerk for this purpose.
The information provided pursuant to this subsection, except for paragraphs (13) and (14), shall be supplemented in writing by hand-delivery or certified mail, return receipt requested, to the City Clerk within ten calendar days of a change of circumstances that would render the information originally submitted false or incomplete. The information required pursuant to paragraph (13) shall be supplemented in writing and received in the office of the City Clerk at least one City working day prior to the addition of a licensee and no later than one City working day after the deletion of a licensee. The information required pursuant to paragraph (14) shall be supplemented in writing by hand-delivery or certified mail, return receipt requested, to the City Clerk, on a form provided by the City Clerk for that purpose, at least one City working day prior to any change.
E. The application for a license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, and that space available to the public labeled by classification as set forth in Section 10-132. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with Section 10-143 shall also submit a diagram meeting the requirements of Section 10-143. Applicants who are required to comply with Section 10-148 shall submit a diagram that also meets the requirements of Section 10-148. Any change in the information required to be submitted by this subsection shall be provided to the City Clerk, on a form provided by the City Clerk for that purpose, no later than five calendar days after the change.
F. If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. Except as otherwise provided in this subsection, if a person who wishes to operate a sexually oriented business is other than an individual, each individual who will operate the business on behalf of such entity shall sign the application for a license as applicant. Each applicant must be qualified under Section 10-134 and each applicant shall be considered a licensee if a license is granted. Attorneys, accountants and other persons whose primary function is to provide professional advice and assistance to the licensee are not required to sign the application for a license as an applicant.
G. A person who possesses a license issued pursuant to the provisions of Title 4, Arizona Revised Statutes, is exempt, as to the licensed location only, from the provisions of this Article relating to the operation of an adult cabaret.
H. The City Clerk is authorized to receive criminal history record information for the purpose of evaluating the fitness of applicants for a license in any of the classifications set forth in Section 10-132 and for a manager's permit.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 32; Ord. No. G-3687, § 1; Ord. No. G-3775, § 2; Ord. No. G-3876, § 2; Ord. No. G-3894, § 2; Ord. No. G-4143, §§ 3– 5, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 3, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4543, § 8, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4622, §§ 4– 6, adopted 6-23-2004, eff. 7-23-2004; Ord. No. G-5276, § 1, adopted 11-12-2008, eff. 12-12-2008)
Sec. 10-134. Issuance of license.
A. The City Clerk shall approve or deny the issuance of a license within thirty days after receipt of an application. If the City Clerk fails to approve or deny the license within thirty days after receipt of an application the license shall be deemed to have been approved. The City Clerk shall approve issuance of a license unless one or more of the following is found to be true:
1. An applicant is under eighteen years of age.
2. An applicant or an applicant's spouse is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business or arising out of any other business activity owned or operated by the applicant or the applicant's spouse and licensed by the City.
3. An applicant has failed to provide information required by this Article for issuance of the license or has falsely answered a question or request for information on the application form.
4. An applicant or an applicant's spouse has been convicted of a violation of a provision of this Article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
5. The application fee required by this Article has not been paid.
6. An applicant or the proposed establishment is in violation of or is not in compliance with Sections 10-136, 10-141, 10-142, 10-143, 10-144, 10-148 or applicable provisions of the Phoenix Zoning Ordinance.
7. An applicant or an applicant's spouse:
a. Has been convicted of any of the following offenses if committed in this State or any offense committed outside this State which if committed in this State would constitute one of the following offenses:
i. As described in A.R.S. Tit. 13, Ch. 14 (A.R.S. § 13-1401 et seq.):
aa. Indecent exposure;
bb. Public sexual indecency;
cc. Sexual abuse;
dd. Sexual conduct with a minor;
ee. Sexual assault;
ff. Sexual assault of a spouse;
gg. Molestation of a child;
ii. As described in A.R.S. Tit. 13, Ch. 32 (A.R.S. § 13-3201 et seq.):
aa. Enticement of persons for purpose of prostitution;
bb. Procurement by false pretenses of person for purpose of prostitution;
cc. Procuring or placing persons in house of prostitution;
dd. Receiving earnings of prostitute;
ee. Causing spouse to become prostitute;
ff. Taking child for purpose of prostitution;
gg. Detention of persons in house of prostitution for debt;
hh. Keeping or residing in house of prostitution;
ii. Pandering;
jj. Transporting persons for purpose of prostitution or other immoral purpose;
kk. Child prostitution;
ll. Prostitution;
iii. As described in A.R.S. Tit. 13, Ch. 35.1 (A.R.S. § 13-3551 et seq.):
aa. Commercial sexual exploitation of a minor;
bb. Sexual exploitation of a minor;
cc. Portraying adult as minor;
dd. Admitting minors to public displays of sexual conduct;
iv. Incest, as described in chapter 36 of the Arizona Criminal Code;
v. Prostitution and related offenses and solicitation, and operating and maintaining a live sex act business, as described in Chapter 23, Article IV, Division 1 of this Code.
vi. Disorderly houses as described in Chapter 23, Article IV, Division 2 of this Code;
vii. As described in Chapter 23, Article IV, Division 4 of this Code:
aa. Public sexual activity;
bb. Solicitation of public exposure;
cc. Indecent exposure;
dd. Public display of explicit sexual material offensive to others;
ee. Permitting minors to enter premises wherein there is displayed explicit sexual material which is offensive to others;
viii. Attempt, solicitation, conspiracy, or facilitation to commit any of the foregoing offenses.
b. For which:
i. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
ii. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
iii. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
8. There exists at the applied-for business location a license of the same classification or a completed, pending and non-denied application for a license of the same classification.
9. An applicant or an applicant's spouse has had a license issued pursuant to this Article revoked within the five year period preceding the application for the same classification of business.
10. The applicant changed its use or occupancy, or expanded its floor space, on or after July 1, 2005, and is not in compliance with the Phoenix Building Construction Code. For purposes of this paragraph, the term "use or occupancy" shall have the meaning as set forth in the Phoenix Building Construction Code.
B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in paragraph (A)(7)(a) of this section may qualify for a license only when the time period required by paragraph (A)(7)(b) of this section has elapsed.
D. The license shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 33; Ord. No. G-3775, § 3; Ord. No. G-3876, § 3; Ord. No. G-4410, §§ 4, 5, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4726, § 1, adopted 7-1-2005, eff. 7-1-2005)
Sec. 10-134.01. Issuance of manager's permit.
A. The City Clerk shall approve or deny the issuance of a manager's permit within thirty calendar days after receipt of an application. If the City Clerk fails to approve or deny the issuance of a manager's permit within thirty calendar days after receipt of an application, the permit shall be deemed to have been approved. The City Clerk shall approve the issuance of a manager's permit unless one or more of the following is found to be true:
1. The applicant is less than eighteen years of age.
2. The applicant has failed to provide information required by this Article for issuance of the permit or has falsely answered a question or request for information on the application form.
3. The applicant has been convicted of a violation of a provision of this Article within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
4. The application fee required by this Article has not been paid.
5. The applicant has been convicted of an offense listed in subdivision 10-134(A)(7)(a) for which the time period required in subdivision 10-134(A)(7)(b) has not elapsed. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
B. The permit shall state on its face the name of the permittee, the number of the permit issued to that applicant, and the expiration date. The permit shall contain a photograph of the permittee. A permittee shall keep the permit on his or her person or on the premises where the permittee is then working, and shall produce such permit for inspection upon request by a law enforcement officer or other authorized City official.
C. Notwithstanding any other provision of this Article, a person may act as a manager at a business licensed pursuant to this Article for the thirty consecutive calendar day period following the date of application or, if the application is denied, until the decision of the City Clerk to deny the license becomes final, provided that:
1. The person has submitted a complete application for a manager's permit pursuant to this Article, and
2. The person maintains a copy of that application on his or her person or on the premises where the applicant is then working and produces that copy for inspection upon request by a law enforcement officer or other authorized City official.
D. No person to whom a valid, unexpired permit has been issued pursuant to this section may perform as an adult cabaret performer at an adult cabaret at which the permittee is providing the services of a manager.
E. Notwithstanding any other provision of this section, a permittee who has applied for permit cancellation pursuant to subsection 10-137(B) and who is not performing the functions of a manager under this Article on the premises of a particular licensee may perform as an adult cabaret performer on behalf of that licensee upon application as required by this Article.
(Ord. No. G-3775, § 4; Ord. No. G-3876, § 4; Ord. No. G-4143, § 6, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 6, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-134.02. Issuance of adult cabaret performer identification card; fee required; change in information; revocation.
A. The identification card issued by the City pursuant to this Article shall state on its face the name of the adult cabaret performer, his or her physical description and date of birth, the account number and expiration date. The card shall contain a photograph of the applicant. An adult cabaret performer shall produce the identification card or provisional identification card issued pursuant to this Article, or the identification card issued pursuant to Article IV of Chapter 6 for inspection upon request of a law enforcement officer or City Regulatory Licensing Inspections Official.
B. An applicant for an adult cabaret performer identification card shall provide the following information to the City Clerk on a form, or in a form, approved by the City Clerk:
1. Full true name.
2. All other names under which an identification card or provisional identification card has been issued pursuant to this Article or Article IV of Chapter 6.
3. Current mailing (record) address and telephone number.
4. Stage name currently used, if any.
5. Height, weight, and color of hair and eyes.
6. Date of birth and written proof of age, in the form of a current driver's license with photograph, or other current picture identification document issued by a governmental agency.
7. A statement as to whether the applicant has been convicted of any offense in Chapter 32 (Prostitution), Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.
8. Signature of applicant.
9. One digital photograph of the applicant taken by the City at the time of application.
C. An identification card issued pursuant to this section expires at midnight on September 30, provided that an identification card applied for, approved and issued on or after the fifth City working day of September shall expire at midnight of the second date of September 30 then following.
D. The City Clerk shall approve or deny the application no later than four City working hours after receipt of the application, or the application will be deemed denied.
E. The application shall be approved if the applicant has:
1. Reached the age of eighteen years.
2. Provided all of the information required by subsection B and Section 10-134.04.
3. Paid the fee required by this section.
4. Not been convicted of any offense in Chapter 32 (Prostitution), Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.
5. Not had a license issued pursuant to this Article or Section 6-17 revoked within the previous:
a. Year if revoked pursuant to paragraph 10-134.02(L)(1), paragraph 10-134.02(L)(2), paragraph 10-134.02(L)(6), paragraph 6-26(A)(1), paragraph 6-26(A)(2), or paragraph 6-26(A)(6).
b. Five years if revoked pursuant to paragraph 10-134.02(L)(3) or paragraph 6-26(A)(3).
F. The application shall be denied if the applicant has:
1. Not reached the age of eighteen years.
2. Failed to provide all of the information required by subsection B and Section 10-134.04.
3. Not paid the fee required by this Article.
4. Been convicted of any offense in Chapter 32 (Prostitution) of Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.
5. Had a license issued pursuant to this section or Section 6-17 revoked within the previous:
a. Year if revoked pursuant to paragraph 10-134.02(L)(1), paragraph 10-134.02(L)(2), paragraph 10-134.02(L)(6), paragraph 6-26(A)(1), paragraph 6-26(A)(2), or paragraph 6-26(A)(6).
b. Five years if revoked pursuant to paragraph 10-134.02(L)(3) or paragraph 6-26(A)(3).
G. If the application is denied, or is deemed denied, and the applicant is physically present at the Office of the City Clerk, the City Clerk shall hand-deliver the applicant the notice of denial, which shall state the reasons for denial. If the application is denied, and the applicant is no longer present in the Office of the City Clerk, the applicant shall be mailed the notice of denial, which shall state the reasons for denial, by certified mail to the applicant's address of record, within one City working day of the date of denial. Service by mail is complete upon mailing. Within ten calendar days after service of the notice of denial, or within ten calendar days after the application has been deemed denied pursuant to subsection D, the applicant may file a request for hearing in the Office of the City Clerk stating the reasons why the application should not have been denied and providing an address at which the applicant may be served by mail. If the applicant fails to provide a request for hearing as permitted by this subsection, a final notice of application denial shall be issued by the City Clerk and no further action on the application by the City Clerk shall be required. Within ten City working days after service of a request for hearing on the City, the City Clerk shall either issue the identification card to the applicant or shall schedule a hearing before the license appeal board and shall send notification to the applicant in writing by certified mail of the date, time and place of the hearing. If, upon receipt of a timely request for hearing, the City Clerk fails to send a timely notification either withdrawing the notice of denial or scheduling a hearing, the notice of denial shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for hearing. If the applicant requests a hearing, either the City Clerk or the License Appeal Board may continue the hearing on the request of the applicant for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the applicant's waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The applicant may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision either sustaining or overturning the decision to deny the application within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the applicant or mail a copy of the decision to the applicant by certified mail to the applicant's address of record. If more than sixty days elapse between the receipt by the City of a request for hearing and the mailing or hand-delivery by the License Appeal Board of a final decision to the applicant, a decision in favor of the applicant shall be deemed to have been rendered. The decision of the License Appeal Board shall be final upon hand-delivery or, if mailed, at the end of five calendar days after mailing, and shall constitute final administrative action.
H. When the decision to deny the license application becomes final, the applicant shall have the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. If the applicant files an action in the superior court challenging the license application denial within fourteen calendar days after the License Appeal Board decision has become final, and serves the complaint on the City within that same fourteen-day time period, and the Superior Court fails to issue a decision on the merits of the complaint within sixty calendar days after service of the complaint on the City, the City shall issue the applicant a provisional identification card within one City working day after the expiration of the sixty-day time period. The sixty-day rule of this subsection shall apply only to a challenge, or to that part of a challenge, to the denial of the application that relates specifically to the decision to deny the application and not to the constitutionality of the ordinance itself. The right of a person to work pursuant to a provisional identification card issued pursuant to this subsection shall expire at midnight on the date of September 30 next following and shall automatically be reissued as necessary to the card holder without cost if a decision has not been rendered by the Superior Court by that date.
I. The application fee for the identification card issued pursuant to this section shall be twenty-eight dollars and is non-refundable.
J. A change in the information required to be provided to the City Clerk pursuant to paragraphs (B)(1) and (3) of this section shall be submitted to the City Clerk on the form prescribed by the City Clerk for that purpose within ten calendar days of the change, provided that an applicant who has been issued a provisional identification card shall update this information with the City Clerk within one City working day of the change. A change in the information required to be provided to the City Clerk pursuant to paragraph (B)(4) of this Section shall be submitted to the City Clerk on the form prescribed by the City Clerk for that purpose prior to any change.
K. The information provided by an applicant pursuant to paragraphs (B)(1), (2), (3), (6), (8) and (9) of this section, the applicant's proof of age, and the applicant's social security number and residence address, if they should appear on any documentation submitted by the applicant pursuant to this section, shall be maintained by the City Clerk on a confidential basis, provided that:
1. Such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function.
2. Such information may be disclosed with the permission of the card holder or applicant.
3. An adult cabaret licensee may receive verification of card holder status if the licensee provides the card holder's name and license number.
L. The City Clerk shall revoke the identification card, or provisional identification card, of any person who has:
1. Provided false or misleading information on, or in connection with, an application submitted pursuant to this section.
2. Failed to update the information listed at paragraphs (B)(1), (3) and (4) of this section, as required by subsection J of this section.
3. Been found responsible for or guilty of, in either a civil or criminal case, a violation of any of the provisions of subsections 6-15(B), (C) or (D), or subsections 10-148(A)(1) through (A)(10), on three or more separate days within a three year period. For purposes of this paragraph, the time period from midnight until 1:00 a.m. shall be considered to be the previous day.
4. Been convicted of any offense in Chapter 32 (Prostitution) of Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.
5. Been issued a provisional identification card and had the denial of the application for the related non-provisional identification card sustained by judicial order.
6. Failed to pay the fee required by this Article.
M. To revoke an identification card, or provisional identification card, the City Clerk shall hand-deliver, or mail by certified mail to the card holder's address of record, a written notice of intent to revoke the identification card, together with a summary of the grounds therefor. Service by mail shall be complete five calendar days after mailing. Within ten calendar days after service of the notice of intent to revoke, the card holder may file a request for hearing in the Office of the City Clerk stating the reasons why the identification card should not be revoked. Within ten City working days after service of a request for hearing on the City, the City Clerk shall either withdraw the notice of intent to revoke or shall revoke the license and schedule a hearing before the License Appeal Board and shall send notification to the card holder in writing by certified mail of the date, time and place of the hearing. If the card holder fails to file a timely request for hearing, the City Clerk shall issue a notice of revocation as the final administrative action and shall deliver the notice to the card holder by hand-delivery or by certified mail to the card holder's address of record. Service by mail shall be complete five calendar days after mailing. If, upon receipt of a timely request for hearing, the City Clerk fails to send a timely notification either withdrawing the notice of intent to revoke or scheduling a hearing, the notice of intent to revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for hearing. If the card holder requests a hearing, either the City Clerk or the License Appeal Board may continue the hearing on the request of the card holder for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the card holder's waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The card holder may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision either sustaining or overturning the decision to revoke the license within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the card holder or mail a copy of the decision to the card holder by certified mail to the card holder's address of record. If more than sixty calendar days elapse between the receipt by the City of a request for hearing in compliance with this section and the mailing or hand-delivery by the License Appeal Board of a final decision to the card holder, a decision in favor of the card holder shall be deemed to have been rendered. The decision of the License Appeal Board shall be final upon hand-delivery or, if mailed, at the end of five calendar days after mailing, and shall constitute final administrative action. The card holder who has filed a request for hearing in compliance with this subsection may continue to work as an adult cabaret performer pending receipt or service of the final decision of the License Appeal Board.
When the decision to revoke the license of the card holder becomes final, the card holder shall have the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. If the card holder files an action in the Superior Court seeking review of the decision of the License Appeal Board within fourteen calendar days after the decision of the License Appeal Board becomes final, and serves the summons and complaint on the City within that same fourteen-day time period, the decision of the License Appeal Board shall be stayed pending the entry of judgment on the merits by the Superior Court.
N. Notwithstanding subsection H, a provisional identification card shall be immediately revoked upon a judicial order sustaining the denial of the application for the related identification card.
O. A person to whom an identification card has been issued pursuant to this section may apply for an additional card at any time pursuant to this section unless an injunction has been entered by the Superior Court prohibiting a new application.
P. The holder of one or more cards issued pursuant to this section may cancel the card or cards by completing the form prescribed by the City Clerk for that purpose and filing it with the City Clerk.
Q. A person to whom a provisional identification card has been issued pursuant to this section shall notify the City Clerk in writing, on a form prescribed by the City Clerk for that purpose, within one City working day of employment or termination, of each adult cabaret or topless bar by name and address at which that person has been employed or terminated since the date of application. The notification requirement of this subsection shall terminate upon the actual issuance, if any, of an identification card.
R. The City Clerk may provide for the resolution of any contested matter arising under this section by consent agreement. The terms of a consent agreement may impose conditions that go beyond the requirements of this Article and may include a fine as a civil sanction.
(Ord. No. G-4143, § 7, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4275, § 8, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4410, § 7, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4503, § 4, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4622, § 7 adopted 6-23-2004, eff. 7-23-2004; Ord. No. G-4682, § 7, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4741, § 1, adopted 9-21-2005, eff. 9-21-2005; Ord. No. G-4794, § 5, adopted 5-3-2006, eff. 7-1-2006; Ord. No. G-5161, §§ 7, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5224, §§ 11, 12, adopted 9-3-2008, eff. 9-3-2008; Ord. No. G-5331, § 8, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that the rates in subsection I as amended by Ord. No. G-5331, are effective Oct. 1, 2009.
Sec. 10-134.03. Temporary work authorization; licensee qualification; qualification revocation; hearing.
A. A licensee may issue a temporary work authorization to an adult cabaret performer for employment on the business premises without an identification card or provisional identification card if all of the following conditions are met:
1. The licensee is a qualified licensee.
2. The licensee has registered with the City Clerk on the form and in the form prescribed by the City Clerk for that purpose the following information for the adult cabaret performer:
a. True name.
b. Stage name.
c. Current digital photograph of the adult cabaret performer.
d. Digital photograph of a current, government-issued photo identification document for the adult cabaret performer.
e. The adult cabaret performer certifies that he or she has not been convicted of any offense in Chapter 32 (Prostitution) of Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.
f. The adult cabaret performer certifies that he or she has not provided another, similar certification to that licensee, another licensee, or a topless bar during the licensing period.
g. A manager whose name has been provided to the City Clerk pursuant to Subsection C issues, signs and dates the temporary work authorization.
3. The adult cabaret performer has reached the age of eighteen years.
4. The temporary work authorization expires at 1:00 a.m. on the tenth calendar day following the date of issuance, provided that the temporary work authorization is not valid beyond the licensing year in which it was issued.
5. The licensee gives a copy of the fully-completed temporary work authorization to the applicant and obtains the applicant's signature showing receipt of a copy of the form.
6. The adult cabaret performer is not currently licensed as an adult cabaret performer or erotic entertainer under this Code.
B. The temporary work authorization shall be a copy, in the form prescribed by the City Clerk, of the registration provided to the City Clerk pursuant to Subsection A.
C. The City Clerk shall qualify a licensee to issue temporary work authorizations pursuant to this section if the licensee is not currently serving a suspension pursuant to Subsection F and the licensee provides the City Clerk with the following information on a form provided by the City Clerk for that purpose:
1. Name, address and telephone number of the licensee.
2. The names of those managers authorized by the licensee to issue temporary work authorizations pursuant to this Section.
D. No person shall apply for a temporary work authorization at a topless bar or an adult cabaret after having been given a temporary work authorization in compliance with this Section or Section 6-18.
E. The licensee shall maintain on the business premises for a period of thirty days a copy, in a form prescribed by the City Clerk, of all registrations submitted to the City Clerk pursuant to Paragraph (A)(2) and shall make those copies available for inspection to any Law Enforcement Officer or City Regulatory Licensing Inspections Official upon request.
F. In addition to any other remedy provided for in this Article, the City Clerk may suspend the qualification of a licensee by issuing a written notice of intent to suspend for a period not to exceed one year if the licensee, or any employee of the licensee, fails to comply with any provision of this Section. The notice of intent to suspend may be served by hand-delivery or by certified mail to the licensee. Service by mail shall be complete upon mailing.
G. If a licensee disagrees with a notice of intent to suspend, the licensee may request an informal review of the decision by submitting to the City Clerk within ten calendar days after service a statement of reasons why the qualification should not be suspended. If no informal review is requested, the City Clerk shall issue a final order of suspension and serve the order upon the licensee by hand-delivery or certified mail. Service by mail shall be complete five calendar days after mailing. After any informal review conducted, the City Clerk shall issue a written decision either withdrawing the notice of intent to suspend or issuing a final order of suspension, and shall serve the decision by hand-delivery or certified mail. Service by mail shall be complete five calendar days after mailing. There shall be no other administrative appeal from a final order of suspension, although the licensee may challenge the order by special action or other available remedy in the Superior Court. The suspension of the qualification of a licensee shall be stayed pending a decision of the Superior Court, if the licensee files a special action or other appropriate action in the Superior Court within ten calendar days after service of the written decision following request for informal review.
(Ord. No. G-5276, § 2, adopted 11-12-2008, eff. 12-12-2008)
Sec. 10-134.04. Applications; additional requirements.
A. No license, permit or identification card 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, § 13, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-135. Fees.
A. The nonrefundable application fee for a license is six hundred dollars, provided that any person applying for two or more licenses on the same day for the same physical address shall pay a fee of one hundred eighty-five dollars for each application after the first. The nonrefundable application fee for a sexually oriented business manager's permit is one hundred dollars, provided that any individual applying for a manager's permit between the dates of July 11 and the last City working day in September for two licensing years shall pay a total fee of one hundred forty dollars.
B. In addition to the application fee provided for in subsection A, 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 10-133(D).
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 34; Ord. No. G-3758, § 6; Ord. No. G-3775, § 5; Ord. No. G-4100, § 6, passed 6-10-1998, eff. 7-1-1998; Ord. No. G-4275, § 9, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4410, § 9, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4503, § 5, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4543, § 9, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4682, § 8, adopted 3-3-2005, eff. 7-1-2005; Ord. No. G-4794, § 6, adopted 5-3-2006, eff. 7-1-2006; Ord. No. G-4909, § 1, adopted 5-30-2007, eff. 6-29-2007; Ord. No. G-5161, §§ 8, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5331, § 9, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that the rates in subsection A. as amended by Ord. No. G-5331, are effective Oct. 1, 2009.
Sec. 10-136. Inspection.
A. A licensee, manager or employee shall permit law enforcement officers, City Regulatory Licensing Inspections Officials, and any other federal, state, county or City agency in the performance of any function connected with the enforcement of this Article, normally and regularly conducted by such agency, to inspect the premises of a sexually oriented business for the purpose of: (1) ensuring compliance with this Article, or (2) inspecting the records required to be maintained pursuant to subsections 10-148(A) and (B), at any time the business premises are occupied or open for business.
B. The files and records required to be maintained pursuant to subsections 10-148(A) and (B) shall be made available for inspection on the business premises to any law enforcement officer of this State or City Regulatory Licensing Inspections Official upon demand. The adult cabaret may require the Law Enforcement Officer or Inspector to complete an inspection log with name, serial, badge or employee identification number, time, date, and purpose for the inspection.
C. The files and records required by subsections 10-148(A) and (B) shall be retained on the business premises of the adult cabaret for a period of two years from the last date of employment or hire.
D. It shall be unlawful for a licensee, manager or employee of a sexually oriented business to refuse to permit Law Enforcement Officers or City Regulatory Licensing Inspections Officials to inspect the videotapes of monitoring required to be made and maintained under Section 10-143(A)(19), to inspect the records required to be maintained pursuant to subsections 10-148(A) and (B), or to refuse to permit a law enforcement officer or any agency enumerated in subsection (A) of this section to inspect the premises at any time the premises are occupied or open for business.
E. The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation.
(Ord. No. G-3671, § 2; Ord. No. G-3775, § 6; Ord. No. G-3876, § 5; Ord. No. G-4410, § 10, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4622, § 9, adopted 6-23-2004, eff. 7-23-2004)
Sec. 10-137. Expiration of license and permit; voluntary termination of license or permit; effect of license renewal on suspension or revocation.
A. Each license shall expire at midnight on September 30 and may be renewed only by making application as provided in Section 10-133. Each permit shall expire at midnight on September 30 and may be renewed only by making application as provided in Section 10-133. The application shall contain the information required to be submitted with an original application provided that a renewal application need not contain information that has been provided in a previous application and has not changed since the time of the most recent application. Application for renewal of a license or permit should be made at least thirty calendar days before the expiration date, and when made less than thirty calendar days before the expiration date, the expiration of the license or permit will not be affected.
B. No license or permit shall be voluntarily terminated except as provided in this subsection. A licensee or permittee may apply for license or permit termination, as applicable, by completing an application form provided by the City Clerk for that purpose. The applicant shall indicate on the application whether the license or permit is in use and shall keep that information current in the records of the City until the application has been approved or denied. The application shall be granted unless: (1) the application is incomplete or has been falsified, (2) the license is suspended, (3) the license or permit has been noticed for suspension or revocation, or (4) the City Clerk determines that the Phoenix Police Department has witnessed one or more violations of this Article that are unresolved, in which case the application shall be denied. An application filed pursuant to this section that has not been either approved or denied within thirty calendar days after submission of the application shall be deemed approved. A decision to deny an application shall be served and appealed as provided in Section 10-140, provided that an appeal shall automatically result in a hearing that shall be held, and a decision rendered, no later than forty-five calendar days after receipt of the request for hearing. If the licensee or permittee requests a hearing, either the Board or the City Clerk may continue the hearing on the request of the licensee or permittee for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the respondent's waiver of the time deadline for holding the hearing and issuing the decision established by this subsection.
C. The annual renewal of a license or permit issued pursuant to this Article shall have no effect on any suspension or revocation proceedings brought pursuant to this Article.
(Ord. No. G-3671, § 2; Ord. No. G-3775, § 7; Ord. No. G-3876, § 6; Ord. No. G-4410, § 11, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-138. Suspension.
The City Clerk shall suspend a license for a period not to exceed fourteen calendar days if she determines that the licensee, manager or an employee of the licensee has violated or is not in compliance with any of the following: subsections 10-133(A)(2), (3) or (4), Section 10-136, subsection 10-141(C), Sections 10-142, 10-143, 10-144, or 10-148, or applicable provisions of the Phoenix Zoning Ordinance.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 35; Ord. No. G-3775, § 8; Ord. No. G-3876, § 7; Ord. No. G-4410, § 12, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-139. Revocation of license.
A. The City Clerk shall revoke a license if she determines that:
1. A licensee gave false or misleading information in the application.
2. A licensee or manager of an adult motel has knowingly allowed an act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, to occur in a public place or within public view.
3. A licensee or manager has knowingly allowed prostitution on the premises. The term "prostitution" shall have the meaning as provided in A.R.S. § 13-3211.
4. A licensee, manager or an employee has knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended.
5. A licensee has been convicted of an offense listed in subdivision 10-134(A)(7)(a) for which the time period required in subdivision 10-134(A)(7)(b) has not elapsed.
6. On two or more occasions within a twelve month period, a person or persons, while in or on the licensed premises, committed an offense listed in subdivision 10134(A)(7)(a), for which a conviction has been obtained, and the person or persons were managers or employees of the sexually oriented business at the time the offenses were committed.
7. A licensee or manager has knowingly allowed any act of sexual intercourse, oral sexual conduct, or sexual contact, including masturbation, to occur in the general patron area or upon a stage.
8. A licensee has violated subsection 10-141(A) or (B).
9. The licensee has no legal or equitable right to occupy the licensed premises for purposes of operating the licensed sexually oriented business.
B. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
C. When the City Clerk revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective. If the basis for the revocation was false or misleading information in the application, and the application has been corrected, the applicant shall be granted a license if at least ninety calendar days have elapsed since the date the revocation became effective. If the license was revoked pursuant to paragraph (A)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under subdivision 10-134(A)(7)(b) have elapsed. If the license was revoked pursuant to paragraph (A)(9) of this section, the first sentence of this subsection shall not apply.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 36; Ord. No. G-3775, § 9; Ord. No. G-3876, § 8; Ord. No. G-4410, § 13, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4622, § 10, adopted 6-23-2004, eff. 7-23-2004)
Sec. 10-139.01. Revocation of permit.
A. The City Clerk shall revoke a permit if she determines that:
1. A permittee gave false or misleading information in the application; or
2. A permittee has been convicted of an offense listed in subdivision 10-134(A)(7)(a) for which the time period required in subdivision 10-134(A)(7)(b) has not elapsed; or
3. A permittee has violated a provision of this Article, regardless of whether the person was acting in the role of permittee.
B. When the City Clerk revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a permit for one year from the date the revocation becomes effective. If the applicant's permit was revoked under subsection (A)(2) of this section, the applicant may not be granted another permit until the appropriate number of years required under subdivision 10-134(A)(7)(b) have elapsed.
(Ord. No. G-3775, § 10; Ord. No. G-4410, § 14, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-140. Hearing; judicial review; consent agreements; stay of enforcement.
A. If the City Clerk determines that grounds exist for the denial, suspension, or revocation of a license or permit under this Article, she shall notify the applicant, licensee or permittee (respondent) in writing of her intent to deny, suspend, or revoke, including a summary of the grounds therefor. The notification shall be by certified mail to the address on file with the City Clerk; by personal service on the applicant, licensee, permittee, or manager; or by personal service on a responsible person at the business address on file with the City Clerk, or at the actual business address, if different. Within ten City working days of receipt of such notice, the respondent may provide to the City Clerk in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked and may include a request for a hearing. If a response is provided, it must include an address to which all mailings shall be sent. If no address is provided, the appeal shall not be affected and the most recent mailing address of record on file with the City Clerk shall be the address of the respondent. If a response is not received by the City Clerk within the time stated, the notification shall be the final administrative action of denial, suspension or revocation and notice of such will be sent to the respondent within five City working days after expiration of the period for submitting a response. Within five City working days after receipt of a response, the City Clerk shall either withdraw the intent to deny, suspend, or revoke, and send notification of the withdrawal to the respondent in writing by certified mail or shall schedule a hearing before the License Appeal Board and shall send notification to the respondent in writing by certified mail of the date, time and place of the hearing. If the City Clerk fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for a hearing. If the respondent requests a hearing, either the License Appeal Board or the City Clerk may continue the hearing on the request of respondent for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the respondent's waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the respondent or mail a copy of the decision by certified mail to the address of the respondent as designated in this subsection. If more than sixty calendar days elapse between receipt by the City Clerk of a request for a hearing and mailing or hand-delivery by the License Appeal Board of a final decision to the respondent, a decision in favor of the respondent shall be deemed to have been rendered. In the case of an intent to deny a renewal application of a license or permit or an intent to suspend or revoke a license or permit, the respondent may continue to work or operate pending receipt of the final decision of the License Appeal Board. The decision shall be final upon hand-delivery to the respondent or, if mailed, at the end of five calendar days after it is mailed, and shall constitute final administrative action.
B. When the decision to deny, suspend or revoke a license or permit becomes final, the respondent shall have the right to seek judicial review of the decision by way of special action or other available procedure in the Superior Court. In the case of a denial of an original application, if the court has not ruled within sixty calendar days after service of the complaint on the City, the City Clerk shall issue a temporary license or permit to the applicant on the next City working day. If the court sustains the denial, the temporary license or permit shall expire upon entry of judgment. If the court overturns the denial, the license or permit shall be deemed granted upon judicial decision and the license or permit issued accordingly, subject to the City's right of appeal. The decision to deny a renewal application for a license or permit or to suspend or revoke a license or permit shall be stayed until the entry of judgment on the merits by the Superior Court, provided that the licensee or permittee files the action and serves the complaint on the City within fourteen calendar days after the administrative decision becomes final.
C. The City Clerk may provide for the resolution of any contested matter arising under this section by consent agreement. The terms of a consent agreement may impose conditions that go beyond the requirements of this Article and may include a fine as a civil sanction.
D. Any license or permit suspended, revoked, or denied renewal as ordered by the License Appeal Board pursuant to this section shall be stayed for fourteen calendar days from the date the decision becomes final. The licensee may waive this provision in writing, or the City may seek to enforce the suspension or revocation sooner through special action or other available remedy in the Superior Court.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 37; Ord. No. G-3775, § 11; Ord. No. G-3876, § 9; Ord. No. G-3894, § 3; Ord. No. G-4143, § 8, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4182, § 1, passed 5-19-1999, eff. 5-19-1999; Ord. No. G-4410, § 15, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4741, § 2, adopted 9-21-2005, eff. 9-21-2005)
Sec. 10-141. Transfer of license; limitation on number of licenses in operation; hours of operation.
A. A licensee shall not transfer his license to another person or location, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
B. It shall be unlawful for any person to knowingly operate more than one license of the same classification at a geographic location. A suspended license is considered operational for purposes of this subsection. A revoked license is considered operational for purposes of this subsection if the licensee is permitted to continue operating by law.
C. It shall be unlawful to operate a business licensed pursuant to this Article outside of the hours of operation required to be provided to the City Clerk by this Article.
(Ord. No. G-3671, § 2; Ord. No. G-4410, § 16, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-142. Additional regulations for adult motels.
A. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Article.
B. It shall be unlawful for a person who is in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license to rent or subrent a sleeping room to a person and, within ten hours from the time the room is rented, rent or subrent the same sleeping room again.
C. For purposes of subsection (B) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
D. It shall be unlawful for a person to operate a massage establishment, as that term is defined in Article III of , on the business premises of an adult motel.
(Ord. No. G-3671, § 2; Ord. No. G-4410, § 17, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-143. Regulations pertaining to exhibition of sexually explicit films or videos.
A. An adult arcade that exhibits on the premises in a viewing room of less than one hundred fifty square feet of floorspace, a film, videocassette, or other video reproduction that depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. Each application for a license shall contain a diagram of the premises showing the location of all manager's stations, viewing rooms, lighting fixtures, video cameras and monitors installed for monitoring purposes, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
2. The application shall be sworn to be true and correct by the applicant.
3. Any change in the information required to be submitted by this subsection shall be provided to the City Clerk as required by subsection 10-133(E).
4. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that each viewing room is visible from a continuous main aisle and remains unobstructed by any doors, curtains, walls, merchandise display racks or other materials or enclosures at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph (1) of this subsection. The provisions of this paragraph shall not apply to any sexually oriented business that is required or elects to comply with the provisions of paragraph (20) of this subsection.
5. The interior premises, with the exception of any viewing rooms and the aisles contiguous to each viewing room, shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. Each viewing room and the aisles contiguous to such viewing room shall be illuminated with lighting fixtures of sufficient intensity to provide an illumination of not less than three-fourths footcandle as measured at three feet above floor level. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is open for business.
6. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that no act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, as defined in A.R.S. § 13-1401, occurs in or on the licensed premises.
7. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.
8. It shall be the duty of the licensee, manager and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make or attempt to make an opening of any kind between viewing rooms.
9. It shall be the duty of the licensee, manager or of any employee, who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.
10. It shall be the duty of the licensee, manager or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repair of openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.
11. It shall be the duty of the licensee, manager and of any employee on the premises, during each business day, to regularly inspect the walls between viewing rooms for openings of any kind.
12. It shall be the duty of the licensee, manager and of any employee on the premises, to initiate and enforce a no loitering policy in viewing rooms.
13. It shall be the duty of the licensee to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
a. That no loitering is permitted in viewing rooms.
b. That the occupancy of viewing rooms is limited to one person.
c. That sexual intercourse, oral sexual contact and sexual contact, including masturbation, on the premises is prohibited.
d. That the making of openings between viewing rooms is prohibited.
e. That violators will be required to leave the premises.
f. That violations of subparagraphs (b), (c) and (d) of this paragraph are unlawful.
14. It shall be the duty of the licensee to ensure that floor coverings in viewing rooms are non-porous, easily cleanable surfaces, with no rugs or carpeting.
15. It shall be the duty of the licensee to ensure that all wall surfaces and seating surfaces in viewing rooms, or any room or area providing patron privacy are constructed of, or permanently covered by, non-porous, easily cleanable material.
16. It shall be the duty of the licensee to ensure that premises are clean and sanitary at all times. Cleaning procedures shall include all of the following:
a. The licensee shall maintain a regular cleaning schedule, documented by appropriate logs, and shall employ sufficient personnel to assure the establishment is clean.
b. The licensee shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
c. Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.
17. It shall be the duty of the licensee to ensure any seating within a viewing room is designed so as to accommodate one person only.
18. It shall be the duty of the licensee to provide in a conspicuous place on the premises free information relating to the prevention of sexually transmitted diseases, including AIDS.
19. It shall be the duty of the licensee, manager and of any employees present on the premises to monitor the number of occupants in a viewing room. Monitoring shall be accomplished by one of the following methods:
a. The licensee shall designate one or more employees to monitor the number of occupants in each viewing room by visually inspecting the interior of each viewing room on the premises at least once every thirty minutes. A designated employee shall be on the premises at all times the business is open to the public. The licensee shall make a record of the monitoring required by this paragraph by use of video cameras and video recorders. The video cameras and video recorders shall be operated continuously at all times that the premises is open for business. The licensee shall make or cause to be made a videotape of such monitoring that shall provide a constant date and time display. The licensee shall maintain and, upon request, shall make available to law enforcement officers for inspection and copying the most recent seventy-two hours of videotape of the monitoring required by this paragraph. Law enforcement officers may use and view videotapes of monitoring for law enforcement purposes only. The videotapes shall be returned to the licensee within fifteen business days after delivery to the law enforcement officers unless the videotapes are required as evidence. If the videotapes are required as evidence, the law enforcement officers shall make a copy of the videotapes for the licensee upon the licensee's request. If a video camera or video recorder is not in operation for any reason, then it shall be the duty of the licensee, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational; or
b. The licensee shall designate one or more employees to monitor the number of occupants in a viewing room by use of video cameras, video recorders and monitors that provide an ability to inspect the interior of each viewing room on the premises. A designated employee shall be on the premises at all times the business is open to the public. The monitors shall be installed within a manager's station of thirty-two square feet or less of floor area. The video cameras, recorders, and monitors shall be operated continuously at all times that the premises is open for business. The licensee shall keep a record of the monitoring required by this paragraph by making or causing to be made a videotape of such monitoring that shall provide a constant date and time display. The licensee shall maintain and, upon request, shall make available to law enforcement officers for inspection and copying the most recent seventy-two hours of videotape of the required monitoring. Law enforcement officers may use and view the videotapes of monitoring for law enforcement purposes only. The videotapes shall be returned to the licensee within fifteen business days after delivery to the law enforcement officers, unless the videotapes are needed as evidence. If the videotapes are needed as evidence, the law enforcement officer shall make a copy of the videotapes for the licensee upon the licensee's request. If a video camera, monitor or recorder is not in operation for any reason, then it shall be the duty of the licensee, manager and any designated employee to immediately secure each viewing room monitored by such equipment and prevent entry into the viewing room by any patron until such time as the equipment is repaired and fully operational.
The provisions of this paragraph (19) shall not apply to any sexually oriented business that is required or elects to comply with the provisions of paragraph (20) of this subsection.
20. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. A manager's station shall not exceed thirty-two square feet of floor area. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this paragraph must be by direct line of sight from the manager's station. It is the duty of the licensee to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the licensee, manager and of any employees present on the premises to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph (1) of this subsection.
The provisions of this paragraph (20) shall apply to any sexually oriented business which is established after the effective date of this ordinance. For the purposes of this paragraph, "established" means any of the following:
a. The opening or commencement of a sexually oriented business with a viewing room or rooms as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business with a viewing room or rooms;
c. The addition of a viewing room or rooms to a sexually oriented business, other than an adult motel;
d. The expansion, extension, or enlargement of the floor area of a viewing room beyond the floor area occupied by such viewing room on or after the effective date of this ordinance.
B. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 38; Ord. No. G-3687, § 2; Ord. No. G-3775, § 12; Ord. No. G-3876, § 10; Ord. No. G-4410, § 18, passed 2-6-2002, eff. 3-8-2002)
Sec. 10-144. Loitering and exterior lighting and monitoring requirements.
A. It shall be the duty of the licensee of a sexually oriented business to: (a) initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses is located; (b) post conspicuous signs stating that no loitering is permitted on such property; (c) designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty minutes or inspecting such property by use of video cameras and monitors; and (d) provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
B. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. No. G-3671, § 2; Ord. No. G-3775, § 13)
Sec. 10-145. Penalties and enforcement; civil sanctions for adult cabaret performers and other employees.
A. A person who violates any provision of this Article, except for subsection 10-148(D), is guilty of a Class 1 misdemeanor.
B. A person who provides false or misleading information in response to a request for information pursuant to subsection 10-134.02(B) is guilty of a Class 1 misdemeanor.
C. The remedies provided for in this section are cumulative with the remedies provided for in Sections 10-134.02, 10-138, 10-139 and 10-139.01. The civil remedies provided for violations of subsections 10-134.02(A) and (J), Section 10-136, and for violations of paragraphs 10-148(A)(1) through (A)(10) are cumulative with the criminal penalty of this section.
D. Any adult cabaret performer or other employee who violates subsection 10-133(B), subsection 10-134.02(A), subsection 10-134.02(J), Section 10-136, or paragraphs 10-148(A)(1) through (A)(10) is subject to a civil sanction of not less than two hundred fifty dollars nor more than two thousand five hundred dollars per violation. An adult cabaret that violates subsection 10-148(C) or (D) is subject to a civil sanction of not less than two hundred-fifty dollars nor more than two thousand five hundred dollars per violation. Each day of any violation of subsection 10-148(C) or (D) shall constitute a separate offense. The court shall not suspend any part or all of the imposition or execution of any sanction required by this subsection, provided that the court may reduce the civil sanction of a person found responsible for a violation of subsection 10-133(B) or subsection 10-134.02(A) to no less than fifty dollars if the person had a valid adult cabaret performer identification card or provisional identification card, or a valid erotic entertainer identification card, lawfully issued in his or her name at the time of the violation.
E. Civil actions to enforce this section may be adjudicated by a Judge or Hearing Officer.
F. 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 procedures set forth in the Arizona Revised Statutes, City Ordinance or as provided in the Local Rules of Practice and Procedure, City Court, City of Phoenix.
G. Any party may appeal the judgment of the City Court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the Trial Court, or when no bond is fixed and a notice of appeal has been filed.
H. A civil citation brought pursuant to this section shall be served within one year of the offense.
(Ord. No. G-3671, § 2; Ord. No. G-4410, § 19, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4622, § 11, adopted 6-23-2004, eff. 7-23-2004; Ord. No. G-4741, § 3, adopted 9-21-2005, eff. 9-21-2005)
Sec. 10-146. Injunction.
The operation of a sexually oriented business without a valid license in violation of this Article shall constitute a nuisance and a person who operates or causes to be operated such business shall be subject to a suit for injunctive relief as well as prosecution for criminal violations.
(Ord. No. G-3671, § 2)
Sec. 10-147. Applicability of ordinance to existing businesses.
Except as otherwise provided in section 10-143, the provisions of this Article shall apply to the activities of all persons and sexually oriented businesses described herein, whether such businesses or activities were established or commenced before, on or after the effective date of this ordinance.
(Ord. No. G-3671, § 2; Ord. No. G-3876, § 11)
Sec. 10-148. Regulations pertaining to sexually oriented businesses featuring nudity or live performances.
A. It is unlawful on the premises of an adult cabaret for an adult cabaret, an adult cabaret licensee, an employee of an adult cabaret, or an employee of an adult cabaret licensee to knowingly fail to ensure compliance with the following:
1. No employee, using their hands or any other part of their body, while performing in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly make physical contact with the female breasts of any patron.
2. No employee, using their hands or any other part of their body, may knowingly make physical contact with the anus or genitals of any other person.
3. No female employee, while that employee is performing in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly cause her breasts to make physical contact with any patron.
4. No female employee may knowingly cause her breasts to make physical contact with the hands, or any part of the head or face, of any patron.
5. No employee, while that employee is located in the general patron area, upon a stage, or in any other location used for employee performances, may knowingly cause his or her anus or genitals to make physical contact with any patron or with any other person.
6. No patron, using their hands or any other part of their body, while on the business premises, may knowingly make physical contact with the breasts of any female employee, while that employee is performing in the general patron area, upon a stage, or in any other location used for employee performances.
7. No patron, using their hands or any other part of their body may knowingly make physical contact with the anus or genitals of any employee.
8. No employee shall knowingly engage in any act of sexual intercourse, oral sexual contact, or sexual contact, including masturbation, while in the general patron area, upon a stage, or in any other location used for employee performances.
9. No employee shall ask or direct a patron or prospective patron to either touch his own anus or genitals, touch the breasts of any female person, touch the anus or genitals of any other person, or to expose his anus or genitals to that employee or to any other person on the premises.
10. A patron may not place any money on the person or in or on the costume of an employee, provided that incidental hand-to-hand contact occurring during the act of tipping while the patron is in the general patron area is not prohibited.
11. A person below the age of eighteen years may neither observe a person in a state of nudity in a live performance on the premises of a sexually oriented business, nor appear in a state of nudity in a live performance on the premises of a sexually oriented business.
12. A sign, in the following form, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry:
Rules and Regulations
1. You must be 18 years of age or older to enter these premises.
2. No patron may place any money on the person of, or on the costume of, an employee of this business.
3. Hand-to-hand tipping of employees is permitted.
4. No patron may touch, or make contact with, the breasts, anus or genitals of any employee of this business.
13. No adult cabaret performer or employee may be employed or hired who has not reached the age of eighteen years.
14. No employee may perform in any location of the adult cabaret other than the general patron area or upon a stage. No stage may overlap with the general patron area. In order to qualify as a stage for purposes of this paragraph, the area above the stage up to a height of six feet must be clearly visible at a height of five feet from all points within a contiguous area of one hundred fifty square feet located within the general patron area.
15. No more than one patron may be permitted on a stage at any one time. For purposes of this paragraph, a stage shall mean all stages located within the same story of the building. For purposes of this paragraph, the word "story" shall have the meaning as provided in the Zoning Code.
16. A manager in a manager's station shall observe all performances at all times by direct line of sight. For purposes of this paragraph, the word "observe" shall mean direct observation or capable of direct observation by simply turning the head of the person or repositioning the body of that person in a fixed location.
17. A manager in a manager's station shall observe by direct line of sight during the entire performance the entire body of all patrons who have paid a separate consideration for a performance by one or more adult cabaret performers. For purposes of this paragraph, "separate consideration" shall mean any payment to any person, including gratuity, other than that payment required to enter the premises. The word "observe" shall mean direct observation or capable of direct observation by simply turning the head of the person or repositioning the body of that person in a fixed location. Notwithstanding any other provision of this Article, the only obstruction permitted of the view to the patron shall be the body of the performer providing the performance.
18. A manager in a manager's station shall observe by direct line of sight the entire body of all patrons who are in physical contact with an adult cabaret performer, regardless of whether the adult cabaret performer is engaged in a performance. Notwithstanding any other provision of this Article, the only obstruction permitted of the view to the patron shall be the body of the performer.
19. The head of the body of all managers fulfilling the requirements of this section shall potentially be clearly visible by direct line of sight to another person standing anywhere within a defined area. In order to qualify as a "defined area" for purposes of this paragraph, the area must be contiguous, at least one hundred fifty square feet in size and located within the general patron area. The line of sight from the defined area shall be measured at a height of five feet.
20. No patron shall be permitted in a manager's station at any time.
21. No person shall remain in a position, move to a position, or move an object to a position, with the intention of preventing a manager from fulfilling any of the obligations imposed upon him by this section.
22. The location and physical dimensions of the general patron area, all locations available to patrons, the "defined area" specified by paragraph (19) of this subsection, all "walls" as defined in the definition of "open room" at Section 10-131, all stages and all manager's stations shall be clearly designated on a sketch or diagram filed with the City Clerk. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. If the floor plan is drawn to a designated scale, it must be drawn on one side of a single page no larger than 8 1/2 inches by 11 inches. A copy of the most recent sketch or diagram on file with the City Clerk shall be posted near the entrance of the business in such a manner as to be clearly visible to patrons upon entry.
23. The general patron area must be an open room. Stairways, ramps, and elevators that are made available to patrons in order to move from one floor to another or from one level to another shall be considered part of the general patron area, provided that notwithstanding any other provision of this Article, no performances may occur in those areas.
24. No person to whom an adult cabaret performer card has been issued and not canceled pursuant to subsection 10-134.02(P), a person to whom a provisional identification card has been issued pursuant to subsection 10-134.02(H), or a person to whom an erotic entertainer identification card has been issued pursuant to Article IV of Chapter 6 may perform the functions of a manager under this Article except in compliance with Sections 10-133 and 10-134.01.
25. The adult cabaret shall provide training to all employees by a qualifying manager, which shall consist of:
i. A description of the general patron area and the stage area in which performances may be conducted for the business.
ii. Receipt of a current copy of the City's Sexually Oriented Business Ordinance.
iii. Receipt of a current copy of Code Section 23-52.
iv. Receipt of a current copy of Chapter 32, Title 13, Arizona Revised Statutes.
v. The name and signature of the manager providing the training on the statement required by paragraph (26) of this subsection.
In order to qualify as a manager for purposes of this paragraph, the manager shall either possess a valid permit issued pursuant to this Article or qualify to act as a manager pursuant to Section 10-134.01(C).
26. Before performing at an adult cabaret, an adult cabaret performer shall sign a statement, provided by the City Clerk, in substantially the following form:
I, (name of performer), have received from (name of adult cabaret), or am currently in possession of, a current copy of the City's Sexually Oriented Business Ordinance, Phoenix City Code Section 23-52, and Chapter 32 of Title 13, Arizona Revised Statutes. I have been instructed as to the location of all stages and the general patron area for this business. I understand that as an adult cabaret performer in the City of Phoenix, I may not touch, either directly or indirectly, the breasts of any female person on the premises, or the anus or genitals of any person on the premises, nor may I permit any other person to touch me, directly or indirectly, in those areas.
27. Before working at an adult cabaret, a manager shall sign a statement, provided by the City Clerk, in substantially the following form:
I, (name of manager), have received from (name of adult cabaret), or am currently in possession of, a copy of the City's Sexually Oriented Business Ordinance, Phoenix City Code Section 23-52, and Chapter 32 of Title 13, Arizona Revised Statutes. I have been instructed as to the location of the manager's station(s), all stages and the general patron area for this business. I understand that an employee may not touch, directly or indirectly, the breasts of any female person on the premises or the anus or genitals of any person on the premises, nor may the employee permit a patron to touch him or her, as applicable, directly or indirectly, in those areas.
B. An adult cabaret shall maintain on the premises at all times a hard copy file for each adult cabaret performer that shall contain the following:
1. Full true name.
2. Date of birth.
3. Height, weight, and color of hair and eyes.
4. Current residence address and telephone number.
5. Stage name under which the adult cabaret performer is working at the business, if any.
6. Shift(s) being worked and hours for each, including beginning and ending hours.
7. Date or dates of hire.
8. Copy of a government-issued photo identification card.
9. Statement in the form specified by this section signed by the adult cabaret performer.
10. A copy of any notice received from the City that an adult cabaret performer does not qualify to perform pursuant to Section 10-134.02, 6-17, 6-25 or 6-26.
C. An adult cabaret shall file with the City Clerk, on a form and in the manner prescribed by the City Clerk, a list of all adult cabaret performers by true name, stage name and license number prior to their employment on the business premises of the adult cabaret.
D. On November 1 of each year, or the City working day immediately following if November 1 is not a City working day, an adult cabaret shall file with the City Clerk, on a form and in a manner prescribed by the City Clerk, a complete list of all adult cabaret performers, by true name, stage name and license number, who are authorized to perform on the premises.
(Ord. No. G-3671, § 2; Ord. No. G-3683, § 39; Ord. No. G-3775, § 14; Ord. No. G-4143, § 9, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 20, passed 2-6-2002, eff. 3-8-2002; Ord. No. G-4622, § 12, adopted 6-23-2004, eff. 7-23-2004)
Cross references: Topless bars, § 6-15; live sex act businesses, § 23-54; indecent conduct, § 23-65 et seq.
Secs. 10-149. Reserved.
ARTICLE XIII.
PAWNBROKER TRANSACTION FEE*
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Cross references: Licensing of secondhand dealers, ch. 19; pawnshop hours of operation, § 23-92.
State law references: Pawnbrokers, A.R.S. § 44-1621 et seq.
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Sec. 10-150. Definitions.
In this Article, unless the context otherwise requires, the following terms shall have the meanings as given in A.R.S. § 44-1621: "loan," "pawn ticket," "pawn transaction," "pawnbroker," "pawnshop," "pledged goods," "pledgor," and "redeem or redemption."
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-151. Imposition of fee.
A. A pawnbroker shall pay to the City of Phoenix a fee in the amount of three dollars for each report required to be prepared pursuant to A.R.S. § 44-1625(A).
B. The fee shall be due on the last business day of the month following the month in which the report required by A.R.S. § 44-1625(A) was required to be prepared.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Sec. 10-152. Reporting and payment of fee.
The fee payable and paid as required by this Article shall be reported on a form prescribed by the City and shall be considered as filed only when the accuracy of the form has been attested to, by signature on the form, by the pawnbroker, or its authorized agent, and has been received by the City.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Sec. 10-153. Violations and penalties.
A. The remedy provided for in this section is exclusive.
B. Any pawnbroker who fails to comply with any provision of this Article is subject to a civil sanction of not more than two thousand five hundred dollars per violation.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 10-154. Jurisdiction of Court.
A. Jurisdiction of all proceedings to enforce the provisions of Sections 10-151 and 10-152 of this Article shall be in the Municipal Court of the City of Phoenix.
B. Civil actions to enforce the provisions of Sections 10-151 and 10-152 of this Article may be adjudicated by a judge or a civil hearing officer.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Sec. 10-155. 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 procedures set forth in the Arizona Revised Statutes, City ordinance, or the Local Rules of Practice and Procedure for the City Courts of the City of Phoenix.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Sec. 10-156. Admission or denial of allegation; hearing; findings of court; civil sanction.
A. A person served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to that time, and upon the directions stated in the summons, and admit or deny the allegations of the complaint or citation. 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 a civil sanction.
C. If the person denies the allegations of the citation or 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 provisions 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 citation or complaint. If the court finds in favor of the City, the court shall enter a judgment for the City and impose a civil sanction.
D. If the person served with a civil citation or complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations in the citation or complaint shall be deemed admitted and the court shall enter judgment for the City and impose a civil sanction.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Sec. 10-157. 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. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the trial court, or when no bond is fixed and a notice of appeal has been filed.
(Ord. No. G-4131, § 1, passed 11-4-1998, eff. 12-4-1998)
Secs. 10-158, 10-159. Reserved.
ARTICLE XIV.
MOBILE VENDING*
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Editor's note: The effective date of Ord. No. G-4299, from which art. XIV is derived, is February 1, 2001.
Cross references: Street and sidewalk vending, § 31-22 et seq.; zoning, ch. 41.
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Sec. 10-160. Definitions.
In this Article, unless the context otherwise requires:
(1) Applicant means any person who desires to conduct a mobile vending operation on a parcel of private land and who submits an application pursuant to this Article, including the person owning, operating and/or conducting the activity to be licensed.
(2) City Clerk means the City Clerk of the City of Phoenix or her designee.
(3) Designated agent means the person designated by the applicant or licensee to receive notices authorized by this ordinance on behalf of the applicant or licensee.
(4) Disposable tableware means eating and drinking utensils made of paper and/or plastic that are disposed of after initial use.
(5) Dwelling means any building with one or more rooms which are arranged, designed, or used for residential purposes and that contain independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes that the building is a dwelling.
(6) Food means any products sold for human consumption, the sale of which is not prohibited by law.
(7) Goods, wares or merchandise means any item of tangible personal property or other thing of value, excluding: motor vehicles of any description; large household appliances, such as refrigerators, stoves, dishwashers, washers and dryers; and food or seasonal items, such as Christmas trees or pumpkins, that are sold prior to holidays or traditional observances, such as Christmas or Halloween.
(8) Licensee means an applicant who has obtained a license pursuant to this Article to conduct a mobile vending operation on private property.
(9) Manager means the individual, who may be the licensee, who is principally in charge of the mobile vending operation and who is authorized to act on behalf of the licensee.
(10) Mobile food vending unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which only food is peddled, vended, sold, served, displayed, offered for sale or given away.
(11) Mobile food vendor means a person who sells, serves, offers for sale, or gives away only food from a mobile food vending unit parked or located on a private parcel of property. This term does not include a person who operates a mobile food vending unit that visits multiple private property sites on a daily basis for no more than thirty minutes per site per day.
(12) Mobile vending operation means peddling, vending, selling, serving, displaying, offering for sale or giving away goods, wares or merchandise or food from either a mobile vending unit or a mobile food vending unit located on private property.
(13) Mobile vending unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any goods, wares, or merchandise other than food are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting solely of the goods, wares or merchandise being peddled, sold, served, displayed or offered for sale.
(14) Mobile vendor means a person who peddles, vends, sells, serves, displays, offers to sell or gives away goods, wares, or merchandise from a mobile vending unit which is parked or located on a parcel of private property. This term does not include a mobile vending unit that visits multiple private property sites on a daily basis for no more than thirty minutes per site per day.
(15) Notarized permission form means any document containing, at a minimum, the following: notarized signature of property owner or authorized agent; notarized signature of mobile vendor; property address or Maricopa County parcel number; term of authorized use; nature of authorized use; and date of execution.
(16) Operate means all of the functions set forth in the definition of mobile vending operation.
(17) Person means a corporation, firm, partnership, association, organization, [or] limited liability company, as well as an individual.
(18) Pushcart means a non-self-propelled vehicle designed to be readily moveable from which goods, wares or merchandise or food are sold.
(19) School means a privately or publicly owned place of learning that includes elementary, middle or junior and high schools.
(20) Semi-permanent structure means a structure that is built, or constructed, such as a building, walls or fence, benches, awnings or shade structures or any piece of work artificially built up or composed of parts joined together in some definite manner, which is attached or anchored to the ground and which is designed for the purpose of being disassembled, folded up, or portable.
(21) Site as used in subsection 10-166(B)(1) means the property address or Maricopa County parcel number of the land where the mobile vending unit or mobile food vending unit will be located, which is required to be submitted to the City Clerk pursuant to subsection 10-163(11).
(22) Structure means as defined in Section 202 of the City of Phoenix Zoning Ordinance.
(23) Utensil means any implement used in the storage, preparation, transportation or service of food.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-4452, §§ 1– 3, passed 7-3-2002, eff. 8-2-2002)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 10-161. Mobile vending on private property; mobile vendor license required; manager for each site required; designated agent required; name used; display of privilege license tax number required.
A. No person shall engage in a mobile vending operation, or employ or hire another to engage in a mobile vending operation, without possessing a valid license therefor as provided in this Article.
B. A separate license is required for each mobile vending operation location.
C. Every mobile vending operation shall be managed by a manager. An individual, including an owner, shall manage no more than one mobile vending operation.
D. Every licensee shall have a designated agent, who shall be an individual who resides in the City of Phoenix on a permanent basis.
E. No licensee shall operate under a name that has not been provided to the City Clerk on a form prescribed by the City Clerk for that information.
F. The privilege license tax number of the mobile vendor must be affixed to the mobile vending unit or mobile food vending unit in numbers at least four inches in height and in a location that is easily viewable by any patron.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-162. Application fee; license fee; duration; renewal.
A. All applicants shall pay a nonrefundable application fee of three hundred fifty dollars.
B. A license fee of thirty dollars per calendar year shall be charged for a mobile vendor or mobile food vendor license.
C. All license fees provided for herein shall be prorated to the nearest month, provided that the minimum license fee shall be ten dollars.
D. Any license issued pursuant to this Article shall, unless otherwise provided for herein, expire and become null and void at the end of the calendar year in which the license is issued.
E. The annual renewal of any license provided for in this Article shall be made by payment of the appropriate fee as set forth in this section within thirty calendar days prior to the expiration of the license.
F. In addition to the fee required by Subsection A, 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 Section 10-163(A).
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-4503, § 6, passed 3-12-2003, eff. 7-1-2003; Ord. No. G-4543, § 10, passed 10-1-2003, eff. 10-2-2003; Ord. No. G-4682, § 9, adopted 3-30-2005, eff. 7-1-2005; Ord. No. G-4909, § 1, adopted 5-30-2007, eff. 6-29-2007; Ord. No. G-5161, §§ 9, 11, adopted 5-28-2008, eff. 7-1-2008; Ord. No. G-5331, § 10, adopted 4-1-2009, eff. 5-1-2009)
Editor's note: It should be noted that the rates in subsection A. as amended by Ord. No. G-5331, are effective Oct. 1, 2009.
Sec. 10-163. License applications; display; transfer; information update.
A. An applicant for a license shall file in person at the office of the City Clerk an application form as prescribed and provided by the City Clerk. The application form shall require the following information:
1. The full true name and any other names used in the preceding five years.
2. Current residence and telephone number.
3. Residence addresses for the previous three years and dates at each.
4. Mailing address for receipt of City notices.
5. Place and date of birth.
6. Height, weight, and color of hair and eyes.
7. Valid proof of age in the form of a current driver's license with picture, or other valid current identification document with photo issued by a governmental agency.
8. Driver's license number, if any.
9. The full true name, residence address, home telephone number, and driver's license number, if any, of the designated agent.
10. The full true name, residence address, home telephone number, and driver's license number, if any, of the manager.
11. The property address or Maricopa County parcel number of the site where the mobile vending unit will be located, the full true name of the property owner of the site, [and] the property owner's mailing address and telephone number.
12. A true and complete copy of the Maricopa County Department of Environmental Services permit required for a mobile vending operation if food items are to be sold.
13. Proof of authority to occupy the site for a mobile vending operation on the date of application, in two forms:
(a) A deed showing that the applicant is the owner of the site, or a copy of the current lease or notarized permission form from the property owner or agent for the location covered by the license showing that the applicant has been given permission to occupy the site for a mobile vending operation.
(b) Proof of the length of time the applicant has occupied the site listed on the current lease or notarized permission form.
14. The previous name and location of the mobile vending operation, if any.
15. The former owner of the mobile vending operation, if any.
16. The name under which the mobile vendor or mobile food vendor will be doing business.
17. A brief description of the nature of the mobile vending operation and the items to be sold, including whether the applicant will be selling food products.
18. A description of all vehicles to be used in the mobile vending operation, including the Arizona license plate number(s) and a true and complete copy of the current Arizona vehicle registration(s).
19. All felony and misdemeanor convictions of the applicant for the previous five years.
20. All notices or citations to the applicant for a violation of this Article for the previous five years.
21. All notices or citations to the applicant for a violation of the Zoning Ordinance for the previous five years.
22. Whether the applicant has ever had a mobile vendor license revoked or suspended, including the date and issuing authority for the suspension or revocation.
23. One complete set of fingerprints taken by a law enforcement agency.
24. Two identical, portrait, passport-quality photographs of the applicant, approximately two inches by two inches in size, taken within the preceding month.
25. The number of the privilege license issued to the applicant pursuant to chapter 14 of this Code, if a privilege license is required by this Code.
26. A plot plan showing compliance with all Zoning Ordinance requirements for mobile vendors, and with any distance requirements of this Article.
B. The license issued to the mobile vendor or mobile food vendor by the City Clerk shall be prominently displayed on the mobile vending unit or mobile food vending unit and shall be produced upon request of any law enforcement officer of this State, City of Phoenix license inspector or inspector of the City Neighborhood Services Department. In the case of a mobile food vendor, the food manager certificate issued by Maricopa County shall also be prominently displayed on the mobile vending unit.
C. The mobile vendor license number issued pursuant to this Article shall be affixed to the mobile vending unit or mobile food vending unit in numbers at least four inches in height and be easily visible to patrons.
D. A license issued pursuant to this Article shall not be transferable from one person to another, but may be transferred from one private property location to another private property location provided that the licensee shall submit such information as the City Clerk shall require on a form provided by the Clerk prior to the change of location by the licensee and further provided that all of the requirements of this Article are met prior to the change of location. A nonrefundable fee of ninety-five dollars shall be paid with each application for a change of location.
E. Any change in the information required to be submitted by subsection 10-163(a) of this Article shall be provided to the City Clerk, on a form provided by the City Clerk for that purpose, within ten calendar days of the change.
F. A licensee who desires to renew any license provided for in this Article shall submit such information as the City Clerk shall require on a form provided by the Clerk. A request for renewal shall comply with the provisions of subsection 10-162(E).
G. Noncompliance with the information depicted on the plot plan submitted pursuant to subsection 10-163(A)(27) is a violation of this ordinance.
H. The City Clerk is authorized to receive criminal history record information for the purpose of evaluating the fitness of applicants for a mobile vending license.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-4452, § 4, passed 7-3-2002, eff. 8-2-2002; Ord. No. G-4543, § 11, passed 10-1-2003, eff. 10-2-2003)
Sec. 10-163.01. 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, § 14, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-164. License revocation, suspension, denial; procedure; appeal.
A. Applications for licenses issued pursuant to this Article shall be denied by the City Clerk for any of the following reasons:
1. Fraud, misrepresentation, or false statement contained in the application for license.
2. Any violation of the provisions of this Article or the City of Phoenix Zoning Ordinance regulating mobile vendors within one year prior to the date of application; or any violation of any of the spacing or land use requirements of the Zoning Ordinance regulating mobile vending operations.
3. The applicant has been convicted within the previous five years of any felony, or misdemeanor involving moral turpitude.
4. The applicant or manager has had a vendor license issued by the City revoked or suspended within the previous year.
5. The applicant has knowingly employed or hired a manager in connection with the applicant's mobile vending business who has had a vendor license suspended or revoked within the previous year.
6. The applicant is not eighteen years of age.
7. The application does not conform in all respects to the provisions of Sections 10-162, 10-163, and 10-163.01 of this Article.
B. Any license issued pursuant to this Article shall be revoked by the City Clerk, or suspended for a period not to exceed one year, upon one or more of the following grounds:
1. The licensee, or manager of the licensee, has violated a provision of this Article or a provision of the City of Phoenix Zoning Ordinance regulating mobile vending operations.
2. The licensee, or manager of the licensee, has been convicted of a felony or misdemeanor in the conduct of the business licensed pursuant to this Article.
3. A manager of the licensee has had a vendor license issued by the City revoked or suspended within the previous year.
C. In determining the appropriate administrative sanction, the City Clerk shall consider the following factors as may be applicable: nature and timing of prior warnings given; date(s) of violation; previous violations; duration of licensure; investment in business; circumstances of the violation or conviction, including their relation to the regulatory purpose of the licensing scheme; punishment imposed for previous violations or convictions; cooperation with licensing officials and law enforcement personnel; knowledge of the requirements of this Article; and other aggravating or mitigating circumstances directly relating to the violation or conviction.
D. If the City Clerk determines that an application should be denied or that a license should be revoked or suspended, she shall notify the applicant or licensee of that decision in writing and shall include a summary of the grounds therefor. The notification to the applicant or licensee shall be by certified mail to the most recent mailing address as reflected in the records of the City Clerk and by certified mail to the designated agent at the designated agent's most recent residence address in the records of the City Clerk; or by personal service on the applicant or the licensee, or on the manager of the licensee if the manager is present at the mobile vending operation. Service by mail is complete upon mailing.
E. An applicant or licensee may appeal to the License Appeal Board the denial, suspension or revocation by filing a written notice of appeal with the City Clerk within ten City working days after service of the notice of denial, suspension or revocation. The tenth day shall end at 5:00 p.m. MST. Any letters or requests for appeal submitted after the time limit shall not be heard. The hearing shall be a de novo review of the factors stated in subsection (D) of this section.
F. It shall be unlawful for any person to operate a mobile vending operation that has been licensed under this Article while the license for that mobile vending operation is suspended.
G. No license suspended shall be reinstated until an application fee has been paid.
H. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-5224, § 15, adopted 9-3-2008, eff. 9-3-2008)
Sec. 10-165. 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 contested matter by consent agreement.
B. The consent agreement may impose requirements on the licensee which go beyond the requirements of this Article.
C. The license of any person violating any of the terms of a consent agreement shall be revoked by the City Clerk by sending a notice of revocation specifying the violation to the licensee at the most recent mailing address of record.
D. 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.
E. 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.
F. 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.
G. A violation of a consent agreement shall be considered a violation of this Article.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-166. Mobile vending operations on private property; restrictions.
A. Mobile vending operations on private property are subject to the following restrictions relating to the site:
1. Mobile vendors and mobile food vendors shall comply with all of the provisions of the Phoenix Zoning Ordinance relating to mobile vendors.
2. Every licensee shall have and maintain the authority or permission to use the parcel of private property on which the mobile vending operation is located, and shall provide, and update as necessary, written evidence to the City Clerk of that authorization or permission.
3. Connection of a mobile vending unit or a mobile food vending unit to a source of electricity, water, or sewer at a mobile vending operation site is prohibited unless a permit has been obtained from the Development Services Department for each connection and such connection has been inspected and approved by the Development Services Department to be in compliance with the Phoenix Electrical Code or the Phoenix Plumbing Code, as applicable. Evidence of such permit and inspection approval for each utility and for each separate mobile vending operation site shall be maintained in the mobile vending unit or mobile food vending unit at all times, and shall be made available for review by City or Maricopa County inspectors upon request. All work must be performed by a contractor with the appropriate required state license. The Neighborhood Services Department shall be notified by the applicant once the work required by this section has been completed and approved.
4. The use of portable or vehicle-mounted generators to supply electricity for a mobile vending operation is prohibited.
5. Mobile vending units and mobile food vending units shall not be placed or located within the vision triangles specified in Section 31-13 of this Code.
6. No mobile vending unit or mobile food vending unit shall be larger than twenty-four feet long by ten feet wide by twelve feet high, provided that the operation of attached venting while the unit is in operation shall not be cause for a violation of this paragraph.
7. The area surrounding the mobile vending unit shall be permanently marked on all sides at a distance of ten feet from the mobile vending unit.
8. No mobile vending unit shall operate at any location other than that established on the plot plan submitted with the application as required by this Article.
9. No mobile vendor or mobile food vendor shall provide any services to any patron, including installation of goods, wares or merchandise, provided that those services specifically required to serve food shall be excepted.
B. Mobile vending and mobile food vending on private property shall be subject to the following operational restrictions:
1. Any mobile vending unit or mobile food vending unit shall be removed from the site during the hours of non-operation. Any semi-permanent structure used and/or associated with the mobile vending or mobile food vending operation shall also be removed from the site during hours of non-operation. This means that any mobile vending unit shall be removed from the site no later than 10:30 p.m. Any mobile food vending unit shall be removed from the site no later than 2:30 a.m.
2. A mobile vendor shall not operate between the hours of 10:00 p.m. and 8:00 a.m. A mobile food vendor shall not operate between the hours of 2:00 a.m. and 6:00 a.m. The mobile vending unit or mobile food vending unit shall be removed from the site in accordance with subsection (B)(1) above.
3. A mobile vendor or mobile food vendor located within three hundred feet of any school, measured in a straight line from the lot line of the parcel on which the mobile vending unit is located to the lot line of the parcel on which the school is located, shall not operate between the hours of 6:00 a.m. and 5:00 p.m.
4. The area within which a mobile vending unit or mobile food vending unit is operating shall at all times be kept clean and free from litter, garbage, rubble and debris.
5. A mobile vendor shall not use bells, chimes, microphones, loudspeakers or amplified music as a part of its mobile vending operation.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-4452, § 5, passed 7-3-2002, eff. 8-2-2002)
Sec. 10-167. Mobile food vendors; exemptions; restrictions.
A. A mobile food vendor shall not operate between the hours of 2:00 a.m. and 6:00 a.m., and shall remove the mobile food vending unit in accordance with subsection 10-166(B)(1) above, provided that a mobile food vendor operating within one hundred fifty feet of a dwelling shall comply with the following additional requirements:
1. All amplified music shall cease at 10:00 p.m.
2. All portable or temporary lighting shall cease at 10:00 p.m., except that which is required to illuminate the serving area of the mobile food vending unit.
3. All portable tables and chairs shall be removed at 10:00 p.m.
B. For purposes of this section, the one-hundred-fifty-foot measurement shall be made in the shortest distance possible from the permanent marking as required by paragraph 10-166(A)(7) of this Code to the lot line of the parcel on which the dwelling is located.
C. A mobile food vendor shall at no time make use of any outdoor cooking facilities, including grills.
D. A mobile food vendor shall at no time utilize outdoor utensils, storage, or warming or refrigeration devices, except for disposable tableware.
E. Except as otherwise limited by the provisions of this Article, a mobile food vendor may utilize portable tables, chairs and awnings in the conduct of operations.
F. Except as otherwise limited by the provisions of this Article, a mobile food vendor may utilize amplified music, provided that such music shall not exceed fifty-five decibels at one hundred feet from the source as measured by a sound level meter.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001; Ord. No. G-4452, § 6, passed 7-3-2002, eff. 8-2-2002)
Sec. 10-168. Reserved.
Editor's note: Ord. No. G-4452, § 7, passed July 3, 2002, effective Aug. 2, 2002, repealed § 10-168, which pertained to delayed enforcement; provisional application of locational and spacing rules; hearings. See the Code Comparative Table.
Sec. 10-169. Exemptions.
No license shall be required for a mobile vendor who:
A. Is regulated pursuant to Section 708(d) of the Phoenix Zoning Code; or
B. Is regulated pursuant to Section 637(a)(4), "Promotional events at shopping centers," of the Phoenix Zoning Code.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-170. Enforcement independent of other officials.
The authority of the City Clerk to enforce the provisions of this Article is independent of and in addition to the authority of other City officials to enforce the provisions of any other chapter of this Code.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-171. Violations and penalties.
A. It shall be unlawful for the owner of a parcel of private property, upon which is operated a licensed mobile vending operation, to fail to prevent the accumulation of litter, garbage, rubble or debris on that property.
B. The civil remedies provided for in this section are cumulative with those provided in Section 10-164.
C. Any licensee, manager, or other person who causes, permits, facilitates, or aids or abets any violation of any provision of this Article or who fails to perform any act or duty required by this Article is subject to a civil sanction of not less than fifty dollars nor more than two thousand five hundred dollars.
D. Any licensee, manager, or other person having control over any mobile vending operation, or control over any parcel of land on which a mobile vending operation is located, who causes, permits, facilitates, or aids or abets any violation of any provision of this Article, or who fails to perform any act or duty required by this Article, is guilty of a Class 1 misdemeanor.
E. Each day any violation of any provision of this Article, or the failure to perform any act or duty required by this Article, exists shall constitute a separate violation or offense.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).
Sec. 10-172. Jurisdiction of Court.
A. Jurisdiction of all proceedings to enforce the provisions of Section 10-171(C) of this Article shall be in the Municipal Court of the City of Phoenix.
B. Civil actions to enforce subsection 10-171(C) of this Article shall be adjudicated by a judge or a court hearing officer.
C. The Municipal Court of the City of Phoenix shall have jurisdiction to issue orders permitting the City to abate conditions that constitute a violation of the provisions of this Article.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-173. Commencement of civil action.
Any civil action to enforce a civil sanction imposed pursuant to subsection 10-171(C) of this Article shall be commenced and summons shall be issued in accordance with the procedures set forth in Arizona Revised Statutes, City ordinance or as provided in the Local Rules of Practice and Procedure, City Court, City of Phoenix.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)
Sec. 10-174. Appeal of City Court decision.
Any party may appeal the judgment of the City Court to the Superior Court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Civil. Appeals from criminal proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure, Criminal. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the trial court, or when no bond is fixed and a notice of appeal has not been filed.
(Ord. No. G-4299, § 1, passed 10-4-2000, eff. 2-1-2001)

Last Modified on 05/07/2009 09:05:50