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Sec. 10-132. Classification.

Sexually oriented businesses shall be classified as follows:

(1)Adult arcades;
(2)Adult bookstores;
(3)Adult cabarets;
(4)Adult motels; and
(5)Any combination of classifications set forth in paragraphs (1) through (4) above.

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 possess a sexually oriented business employee permit as required by subsection C of this section or comply with the requirements of subsection 10-134.01C.

(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 10-134.01C.

(4) to employ or hire an adult cabaret performer who does not possess a valid, unexpired identification card issued pursuant to section 10-134.02, provided that it shall not be unlawful to hire an adult cabaret performer who claims to qualify as a person deemed to possess an identification card pursuant to subsection 10-134.02C. and who produces for the business a copy of both the application, bearing a date at least ten calendar days prior to the date of employment or hire, and a copy of the application denial, and as to whom the city has not provided written notice to the business that the adult cabaret performer is not authorized to work pursuant to subsection 10-134.02C.

(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 identification card issued by the City pursuant to this article or
(2) for all persons claiming to be deemed to posses and identification card pursuant to subsection 10-134.02C., a copy of the most recent application for an identification card and the denial of that application.

(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 10-134.01C.

(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 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 (5) years.
2. Current residence address and telephone number.
3. Residence addresses for the previous five (5) 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 birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency.
8. Two (2) identical, portrait, passport-quality photographs of the applicant, approximately two (2) inches by two (2) 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 therefore.
10. All criminal charges, complaints, informations, or indictments in the preceding five (5) years which resulted in a conviction or a plea of guilty or no contest for any offense described in Section 10-134(A)(7) of this article 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 (5) 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 manger 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 paragraphs 13 and 14, shall be supplemented in writing by hand delivery, certified mail, return receipt requested, to the City Clerk within ten (10) calendar days of a change of circumstances which would render the information originally submitted false or incomplete. The information required pursuant 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 that also meets 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 the 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.

(Ord. No. G-3671, з 2; Ord. No. G-3683, з 32; Ord. No. G-3687, з 1; Ord. No. G-3775, з 2; Ord. No. G-3876, з 2; Ord. No. G-3894, з 2; Ord. No. G-4143, зз 3--5, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, з 3 passed 2-6-2002, eff. 3-8-2002)

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