“After-hours activity” means any establishment or location where social dancing occurs and a patron pays a fee or charge or any area from which a person holding any state liquor license authorizing them to sell, dispense or serve spirituous liquor which are open to patrons during the hours of 2:30 a.m. to 6:00 a.m.

“After-hours establishment” means any place where an after-hours activity occurs or is provided. The term includes the building or other place where the after-hours activity takes place, together with all surrounding premises used for parking or for any other purpose relating to the after-hours activity.

“Applicant” means any person filing an application with the city for a regulated business license.

“Application” means an application for a regulated business license made on a form provided by the city.

“Auctioneer” means any person who either operates an establishment in which is carried on the business of auctioning articles or who as principal or agent offers any articles for sale by public outcry, where such items offered for auction are sold immediately to the highest bidder.

“Client” means an individual who enters into an agreement for massage therapy for a fee, income or compensation of any kind within the city.

“Compliance checks” means the system the city may use to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this chapter. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices.

“Control” means the power to direct or cause the direction of the management and policies of an applicant, licensee or controlling person, whether through the ownership of voting securities or a partnership interest, or by agreement or otherwise. Control is presumed to exist if a person has the direct or indirect ownership of or power to vote 10 percent or more of the outstanding voting securities of the applicant, licensee or controlling person or to control in any manner the election of one or more of the directors of the applicant, licensee or controlling person. For the purposes of determining the percentage of voting securities owned, controlled or held by a person, the voting securities of any other person directly or indirectly controlling, controlled by or under common control with the other person, or by an officer, partner, employee or agent of the person or by a spouse, parent or child of the person shall be included. Control is also presumed to exist if a creditor of the applicant, licensee or controlling person holds a beneficial interest in 50 percent or more of the liabilities of the licensee or controlling person.

“Controlling person” means a person directly or indirectly possessing control of an applicant or licensee.

“Designated agent” means the individual designated by the applicant who will be the responsible party to receive city notices pursuant to this chapter.

“Employ” means to hire, or to engage or authorize the services of, without regard to compensation, any individual, on a full-time, part-time, or contract basis, whether or not the person employed, hired or engaged is denominated an employee or independent contractor.

“Employee” means any person who performs any service at a massage facility on a full-time, part-time or contract basis, whether or not the person is designated an employee or independent contractor.

“Licensee” means any person to whom the city has issued a license under this chapter or any person acting on behalf of such person.

“Licensing office” means a department for the city of Maricopa as designated by the city manager.

“Manager” means an individual authorized by the massage establishment licensee to exercise overall operational control of the business, to supervise employees, and to fulfill all of the duties and functions required of a manager by this chapter.

“Massage establishment” means any place of business or establishment wherein any of the subjects or methods of treatment listed in the definitions for “massage or touching techniques” or “massage therapy” are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed in the definitions for “massage or touching techniques” or “massage therapy.”

“Massage or touching techniques” means any of the following named subjects and methods of treatment intended for use upon or in connection with the human body: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, table or cabinet baths; herbal wraps; and touching procedures upon the external parts of the body by use of the hands, forearms, elbows, knees or feet, or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement. For purposes of this chapter, “touch” shall include physical contact that occurs through clothing or by means of any object.

“Massage therapist” means a person who is licensed pursuant to Chapter 42 of Title 32 of the Arizona Revised Statutes to engage in the practice of massage therapy.

“Massage therapy” includes any of the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement, or provide general or specific therapeutic benefits, including, but not limited to, stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage, tapotement, and any other nonincidental touching such as:

The following techniques and procedures are beyond the scope of this license: diagnosis, prescription of medicines or drugs, administering of injections, colon irrigation, performing minor surgery, and administering cranial, costal, or spinal adjustments as taught in medical, osteopathic, or chiropractic colleges. (Costal or spinal massage is permissible with a massage therapy license.)

“Minor” means an individual who has not yet reached 18 years of age.

“Owner” means the owner of record, as shown by the records in the office of the county assessor, of the premises where a regulated business establishment is located. “Business owner” means any legal owner of a regulated business establishment.

“Pawnbroker” means any person engaged in conducting, managing or carrying on the business of pawnbroking, or the business of loaning money for himself or for any other person, receiving as security for the repayment thereof, pawns or pledges of personal property, or the business of purchasing personal property and reselling or agreeing to resell such articles to vendors, their personal representatives or their assignees, at prices agreed upon at or before the time of such purchase, whether such business be the principal or sole business so carried on, managed or conducted, or merely incidental to, in connection with or a branch or a department of some other business or businesses.

“Person” means any individual, partnership, limited partnership, firm, corporation, association, or any other group acting as a unit.

“Piercing” means penetrating, perforating, boring or creating a hole in the skin or another human body part. This chapter does not apply to ear piercing or procedures prescribed by a health care provider licensed pursuant to A.R.S. § 32-101 et seq.

“Private anatomical areas” means the genitals, perineum, and anal region of any person and the area of the breast that includes the areola and the nipple of any female person.

“Regulated business” includes any of the following businesses:

“Regulated business license” or “license” means authorization issued by the city to any person to operate a regulated business.

“Sale” means any lawful transfer of goods for money, trade, barter or other consideration.

“Sampling tobacco” means the lighting, inhalation, or combination thereof of tobacco, tobacco related devices, or tobacco related products for the purpose of testing a tobacco product prior to the sale of such product.

“Scrap dealer” means any person engaged in the business of purchasing or obtaining material of any kind, such as any vehicle parts or accessories, machinery, iron, copper, brass, lead, zinc, tin, steel, aluminum and other metals, metal alloys, metallic cables, wire, batteries, rope, rubber and other like materials which are purchased or obtained from persons other than the original manufacturer or authorized distributor selling the same for money, credit or exchange. The material purchased or obtained is put to a use inconsistent with the original purpose of the property; to be scrapped, dismantled, melted, pressed or otherwise disfigured, and to be resold to others in the form so altered, or used by the purchaser in its altered form. The provisions of this chapter shall not apply to any persons engaged solely in recycling metal cans, paper, cardboard or glass.

“Secondhand” means has been owned previously by someone other than the manufacturer or dealer whose business it is to sell such items to the public.

“Secondhand dealer” means any person, other than a person who deals exclusively in secondhand books, magazines, audio or video recordings regardless of media, handbills or posters, engaged in conducting, managing or carrying on the business of buying, selling, trading, exchanging or otherwise dealing in secondhand goods, wares, merchandise or articles, whether such business be the principal or sole business so carried on, managed or conducted or be merely incidental to, in connection with or a branch or a department of some other business. This definition does not include trade-ins, dealers or auctioneers in articles of property, the transfer of title to which is required by state law to evidence by written instrument and recorded properly. This definition does not include garage sales, rummage sales or similar nonrecurring sales between individuals.

“Self-service merchandising” means open displays of tobacco, tobacco products or tobacco related devices in any manner where any individual shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee’s employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. The phrase shall not include vending machines. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the tobacco between the clerk and the customer.

“Smoke” means carrying or placing of a lighted cigarette, lighted cigar, lighted pipe or any other lighted smoking equipment in one’s mouth for the purpose of inhaling and exhaling smoke or blowing smoke rings; placing of a lighted cigarette, lighted cigar, lighted pipe or any other lighted smoking equipment in an ashtray or other receptacle and allowing smoke to diffuse in the air; or carrying or placing of a lighted cigarette, lighted cigar, lighted pipe or any other lighted smoking equipment in one’s hands or any appendage or devices and allowing smoke to diffuse in the air.

“Smoking lounge” means a business establishment that permits the smoking of tobacco or other combustible substances on site, including but not limited to establishments commonly known as hookah bars/cafes, tobacco clubs, or smoking parlors.

“Tattoo” means any indelible design, letter, scroll, figure, symbol or other mark that is placed on or under the skin with ink or colors by the aid of needles or other instruments and that cannot be removed without a surgical procedure; or any design, letter, scroll, or other mark done by scarring on or under the skin.

“Tattoo and/or body piercing artist” means a person who has training in tattooing, branding, scarifying or piercing and who practices tattooing, branding, scarifying or piercing as described in this chapter for a fee of any kind.

“Tattoo and/or body piercing establishment” or “establishment” means any place of business or establishment wherein branding, scarifying, tattooing or piercing is performed.

“Temporary manager” means an individual authorized by the licensing office to exercise overall operational control of the business, to supervise employees, and to fulfill all of the duties and functions required of a manager of this chapter on a temporary basis.

“Tobacco or tobacco products” means any substance or item containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, fine cut or other chewing tobacco, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco, snuff flowers, cavendish, shorts, plug and twist tobaccos, dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.

“Tobacco-related devices” means any tobacco product as well as a pipe, rolling papers or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.

“Tobacco retail establishment” means a retail establishment that has obtained an appropriate license to possess tobacco, tobacco products or tobacco related devices for the purpose of selling them for consumption and not for resale, in which greater than 50 percent of the business’ gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. This definition does not include retail establishments which derive the majority of their gross revenue from the sale of cigars and cigar accessories. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-1.]