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Sec. 10-134. Issuance of license.

(A) The City Clerk shall approve or deny the issuance of a license within thirty (30) days after receipt of an application. If the City Clerk fails to approve or deny the license within thirty (30) 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 (18) years of age.
2. An applicant or an applicant' s spouse is delinquent 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 (2) 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 Chapter 14 of the Arizona Criminal Code:
(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 Chapter 32 of the Arizona Criminal Code:

(aa)Enticements of persons for the purpose of prostitution;
(bb)Procurement by false pretense of person for the purpose of prostitution;
(cc)Procuring or placing person 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 Chapter 35.1 of the Arizona Criminal Code:

(aa)Commercial 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 as described in Chapter 23, Article IV, Division I 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 (2) years have elapsed since the date of the 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 (5) years have elapsed since the date of the conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii)Less than five (5) years have elapsed since the date of the last conviction or date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) of more misdemeanor offenses or combination of misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) 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.

(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 7(A) [(A) (7) (a)] of this section may qualify for a license only when the time period required by paragraph 7(b) [(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, з 2; Ord. No. G-3683, з 33; Ord. No. G-3775, з 3; Ord. No. G-3876; Ord. No. G-4410, зз 4, 5, passed 2-6-2002, eff. 3-8-2002)

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 (30) days after receipt of an application. If the City Clerk fails to approve or deny the issuance of a manger's permit within thirty (30) 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 (18) 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 in the application form.
3. The applicant has been convicted of a violation of a provision of this article within two (2) 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 Section 10-134(A)(7)(a) for which the time period required in Section 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 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 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 10-137B. 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, з 4; Ord. No. G-3876, з 4; Ord. No. G-4143, з 6, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4410, з 6, passed 2-6-2002, eff. 3-8-2002)

Sec. 10-134.02. Issuance of identification card.

(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 keep the identification card either on his or her person or on the business premises where the adult cabaret performer is then working and shall produce such card for inspection upon request of a law enforcement officer or City Regulatory Licensing Inspections Official. A person claiming to be deemed to possess an identification card pursuant to subsection 10-134.02C. shall produce for inspection his or her most recent application for an identification card and the related denial 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 approved by the City Clerk:

(1)Full true name.
(2)Current residence address.
(3)Stage name currently used, if any.
(4)Height, weight, and color of hair and eyes.
(5)Date of birth and written proof of age, in the form of a current driver's license with photograph, or other picture identification document issued by a governmental agency.
(6)Two (2) identical, portrait, passport-quality photographs of the applicant, approximately two (2) inches by two (2) inches in size, and taken within the preceding month, and one digital photograph taken by the City at the time of the application.
(7) Signature of applicant.

(C) An identification card issued pursuant to this section expires on September 30 of each year. 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. The application shall be approved if the applicant has reached the age of eighteen years and has provided all of the information required by subsection B. The application shall be denied if the applicant has not reached the age of eighteen years or has not provided all of the information required by subsection B. If the application is denied or is deemed denied, the City Clerk shall, within three City working days, notify the applicant of the denial, and the reasons for the denial on the applicant by hand-delivery or mail to the address of record. The address of record is the current residence address as provided on the application. Service by mail is complete by mailing. If the application is denied or is deemed denied, the City Clerk shall, within ten City working days after denial, apply to the Superior Court for an order sustaining the denial, apply to the Superior Court for an order sustaining the denial of the application pursuant this section, revoking any identification cards issued as necessary and, in an appropriate case, identification cards issued as necessary and, in an appropriate case, enjoining the applicant from applying for an identification card until having reached the age of eighteen years. The City shall serve the complaint on the applicant within ten City working days after filing of the complaint. If the current residence address of the applicant, as provided on the application or as updated by the applicant, is false or invalid, the City shall document the file with evidence of the defect and shall then have ninety calendar days after filing of the complaint within which to effect service on the applicant, provided that the applicant may at any time after filing of the complaint accept service of the complaint at the office of the City Attorney. If the City fails to apply the Superior Court for an order as provided herein, the applicant shall be deemed to possess an identification card. If the City fails to effect service on the applicant as provided herein, the applicant shall be deemed to possess an identification card. If the Superior Court fails to sustain the City's complaint within thirty calendar days after service of the complaint as provided herein, the applicant shall be deemed to possess an identification card.

(D) The application fee for the identification card issued pursuant to this section shall be nineteen dollars ($19.00).

(E) A change in the information required to be provided to the City Clerk pursuant to subsection (b)(1), (2), (3), and (4) of this section shall be submitted to the City Clerk, on forms provided by the City Clerk for that purpose, within ten (10) calendar days of the change, provided that an applicant whose application has been denied or has been deemed denied shall update with the City Clerk the information required to be submitted by paragraph B.2., on a form provided by the City Clerk for that purpose, within one City working day of change.

(F) The information provided by an applicant pursuant to subsection (b)(2) and (5) of this section, the applicant's proof of age, and the applicant's social security number, mailing address and telephone number, if they appear on any documentation submitted by the applicant pursuant this section, shall be maintained by the City Clerk on a confidential basis, if designated by the applicant as confidential, except that such information may be disclosed to other governmental agencies in connection with law enforcement or public safety function.

(G) If the City Clerk should determine at any time that the applicant for an adult cabaret performer identification card under this section has provided false information listed at paragraphs B. 1., 2., and 3. of this section, as required by subsection E. of this section, the City Clerk may apply to the Superior Court for an order invalidating the card and requiring its return to the City. Any person who has had his or her identification card invalidated pursuant to the authority of this subsection may apply for a new card at any time unless an injunction has been entered by the Superior Court prohibiting a new application.

(H) A person to whom an identification card has been issued 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.

(I) No identification card shall be issued to any person who is less than eighteen years of age.

(J) The holder of one or more cards issued pursuant to this section may cancel the card or cards by completing a form provided by the City Clerk for that purpose and filing it with the City Clerk.

(K) A person who has been denied an identification card pursuant to this section, and who has made a claim to work pursuant to subsection 10-134.02C., shall notify the City Clerk in writing, within one city working day of employment, hire or termination, of each adult cabaret by name and address at which that person has been employed, hired or terminated since the date of application. The notification required since the date of application. The notification requirement of this subsection shall terminate upon the actual issuance of an identification card.

(Ord. No. G-4143, з 7, passed 12-9-1998, eff. 12-9-1998; Ord. No. G-4275, з 8, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4410, з 7, passed 2-6-2002, eff. 3-8-2002).

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