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Sec. 10-144. Loitering and exterior lighting and monitoring equipment.

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 business 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 person on such property by visually inspecting such property at least once every thirty (30) 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.

A. A person who violates any provision of this article, except for paragraph 10-148 (A) (3), is guilty of a Class 1 misdemeanor.

B. The remedies provided for in this section are cumulative with the remedies provided for in sections 10-138, 10-139 and 10-139.01. The civil remedies provided for violations of subsections 10-134.02A. and E. and for violations of paragraphs 10-148A.1. and 2. are cumulative with the criminal penalty of this section.

C. Any adult cabaret performer or other employee who violates subsection 10-134.02A. or paragraphs 10-148A.1., A.2 or A.3. is subject to a civil sanction of not less than two hundred-fifty dollars nor more than two thousand five hundred dollars per violation. The court shall not suspend any part or all of the imposition or execution of any sanction required by this subsection.

D. Any adult cabaret performer who fails to comply with subsection 10-134.02E. is subject to a civil sanction of not less than fifty dollars nor more than two hundred and fifty dollars. The court shall not suspend any part or all of the imposition or execution of any sanction required by this subsection.

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.

(Ord. No. G-3671, § 2; Ord. No. G-4410, § 19, passed 2-6-2002, eff. 3-8-2002)

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