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Sec. 10-134.03. Police Department letter of clearance.

(A) An adult cabaret performer shall apply with the Police Department for a letter of clearance and provide a copy of that letter of clearance, or a copy of the application for that letter of clearance if the letter of clearance cannot be immediately obtained, to an adult cabaret prior to employment or hire at the adult cabaret. If a letter of clearance cannot be immediately obtained, the adult cabaret performer shall provide the letter of clearance to the adult cabaret within five (5) calendar days after receipt of notice from the City that the letter of clearance has been prepared, or within five (5) calendar days of receipt of the letter of clearance, whichever is earlier. In each case, the letter of clearance shall bear a date no earlier than one year prior to the date of delivery to the adult cabaret. If the adult cabaret performer ceases to provide services to an adult cabaret for a period of ninety calendar days or more, the adult cabaret performer shall recomply with this subsection upon resumption of services.

(B) For purposes of this section, "letter of clearance" shall mean a letter provided by the Police Department in response to a request for a check of Police Department records.

(Ord. No. G-4143, § 7, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 8, passed 2-6-2002, eff. 3-8-2002)

Sec. 10-135. Fees.

(A) The nonrefundable application fee for a license is three hundred and twenty dollars ($320.00), provided that any person applying for two or more license on the same day for the same physical address shall pay a fee of seventy dollars ($70.00) for each application after the first. The nonrefundable application fee for a sexually oriented business manager's permit is one-hundred and twenty dollars ($120.00), 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 seventy dollars.

(Ord. No. G-4143, § 7, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, § 8, passed 2-6-2002, eff. 3-8-2002).

Sec. 10-136. Inspection.

(A) A licensee, manager or employee shall permit law enforcement officers, 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 10-148A. and B., at any time it is occupied or open for business.

(B) It shall be unlawful for a licensee, manager or employee of a sexually oriented business to refuse to permit law enforcement officers 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 10-148A. and B., 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 is occupied or open for business.

(C) The provisions of this section do not apply to areas of an adult motel which 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).

Sec. 10-137. Expiration of license and permit.

A. Each license shall expire on September 30 and may be renewed only by making application as provided in Section 10-133. Each permit shall expire 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 (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

B. No license 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 (30) 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).

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