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A. It is unlawful:

1. For any person to operate an adult-oriented business without a valid adult-oriented business license issued by the city pursuant to this chapter.

2. For any person who operates an adult-oriented business to employ a person to work for the adult-oriented business who is not licensed as an adult-oriented business employee by the city pursuant to this chapter.

3. For any person to obtain employment with an adult-oriented business without having secured an adult-oriented business employee license pursuant to this chapter.

B. An application for a license must be made on a form provided by the city.

C. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter. Applicants shall submit a full set of fingerprints for the purpose of obtaining a state and federal criminal background check pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. Fingerprints must be submitted on fingerprint cards provided by the city or designee.

D. If a person who wishes to operate an adult-oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the MCC 5.10.050 and each applicant shall be considered a licensee if a license is granted.

E. The completed application for an adult-oriented business license shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is 18 years of age;

b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c. A corporation or limited liability company, the corporation or limited liability company shall state its complete name, the date of its incorporation, evidence that the corporation or limited liability company is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and stockholders or all members if the entity is a limited liability company, and the name of the registered statutory agent and the address of the registered office for service of process.

2. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, he or she must state the adult-oriented business’ fictitious name and submit the required registration documents.

3. Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

4. Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar adult-oriented business ordinances from another municipality or county denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or stockholder of a corporation or a member of a limited liability company that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult-oriented business ordinance from another municipality or county and, if so, the names and locations of such other licensed businesses.

6. The single classification of license for which the applicant is filing.

7. The location of the proposed adult-oriented business, including a legal description of the property, street address and telephone number(s), if any.

8. The applicant’s mailing address and residential address.

9. A recent photograph of the applicant(s).

10. The applicant’s driver’s license number, Social Security number and/or his/her state or federally issued tax identification number.

11. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must 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.

12. Evidence of current, valid conditional use permit or any other applicable zoning approval for the proposed activity issued by the city; and

13. If an applicant wishes to operate an adult-oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in MCC 5.10.130.

F. Before any applicant may be issued an adult-oriented business employee license, the applicant shall submit on a form to be provided by the city the following information:

1. The applicant’s name or any other name (including “stage” names) or aliases used by the individual;

2. Age, date, and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Present business address and telephone number;

6. Date, issuing state and number of driver’s permit or other identification card information;

7. Social Security number;

8. Proof that the individual is at least 18 years of age.

G. Attached to the application form for an adult-oriented business employee license as provided above shall be the following:

1. A color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant. Applicants shall submit a full set of fingerprints for the purpose of obtaining a state and federal criminal background check pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. Fingerprints must be submitted on fingerprint cards provided by the city or designee.

2. A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, or state, has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.

H. A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. [Ord. 18-16 § 1; Ord. 19-07 §§ 1, 2; Res. 18-29; Code 2004 § 8-2-4.]