5.15.050 License application – Contents.
A. Each application for a regulated business license shall include a description of the proposed business activity. Such description shall include, but not be limited to, the following information. Subsections (A)(1) through (A)(9) of this section are required to be completed about the applicant, the business owner, the licensee if not the applicant or the business owner, the agent responsible for managing the premises on a day-to-day basis (hereinafter “managing agent”) and any controlling person as defined herein:
1. Full legal name and any name by which the person is or has been known;
2. Current home address and telephone number and addresses over the past 10 years;
3. Driver’s license number or other government-issued, federally recognized identification;
4. Birth date, height, weight, hair and eye color;
5. Business occupation and employment history for 10 years;
6. License history, including issuance, revocation, suspension or termination of any current or past related licenses;
7. The applicants, agents, and all employees shall submit to a fingerprinting process as directed by the licensing office for the purpose of obtaining a state or federal, or both, criminal records check pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. Fingerprints must be submitted on fingerprint cards provided by the licensing office or designee.
8. Listing of any prior felony or misdemeanor convictions except minor traffic violations. For purposes of this section, a minor traffic violation shall be a conviction or finding of responsibility not to include the following, which shall be considered serious traffic violations: excessive speeding involving a single offense for a speed of 15 miles per hour or more above the posted speed limit; reckless driving as provided by A.R.S. § 28-693; aggressive driving as provided by A.R.S. § 28-695; racing as defined in A.R.S. § 28-708; improper or erratic traffic lane changes as provided by A.R.S. § 28-729; following the vehicle ahead too closely as provided by A.R.S. § 28-730; a violation that is connected with a fatal traffic accident; driving a motor vehicle if the person has not been issued a valid driver’s license; driving a motor vehicle without a driver’s license in the person’s possession; driving a motor vehicle without having a valid endorsement for the type of motor vehicle or motor vehicle combination being operated.
9. Documentation of age over 18 years;
10. Designation of the managing agent who will be managing or operating the business at the indicated location and proof of the managing agent’s authorization to act on behalf of the prospective licensee;
11. Name, address and telephone number of any other local agent authorized to conduct daily business and proof of authority to act on behalf of the prospective licensee;
12. Name, address and telephone number of statutory agent in Arizona if a corporation or an out-of-state applicant, licensee or owner;
13. Except for corporations listed on the major stock exchanges, the names and addresses of all persons financially interested in the business. If a person financially interested in the business of the prospective licensee is a corporation, the names and addresses of all persons financially interested in that corporation shall be provided;
14. The names and addresses of any controlling persons. If the controlling person is a corporation, the names and addresses of all persons having control of the controlling corporation shall be provided;
15. Evidence of current, valid conditional use permit or any other applicable zoning approval for the proposed activity issued by the city;
16. The articles of incorporation, articles of organization, or certificate of limited partnership, together with any amendments thereto, for the applicant, as applicable;
17. For a massage establishment, the following information shall also be required on the application:
a. A list of services to be offered by the massage establishment;
b. A clearly legible sketch or diagram showing the configuration of the overall business premises. The sketch or diagram need not be professionally prepared but shall be drawn on one page measuring eight and one-half inches by 11 inches with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Such sketch shall include:
i. The location of all interior doors, walls, curtains and room dividers. For purposes of this subsection a “wall” shall include any interior barrier, including transparent glass that extends more than 54 inches from the level of the finished floor.
ii. A description of the use of each interior space or room, including a designation, by type of use, of each room or space available for massage or touching techniques or massage therapy by the therapist.
iii. A designation of each room or space that is being, or is intended to be, leased, subleased, or licensed for use by any person other than the applicant and a description of its intended and actual use.
iv. A designation of each room or space that is being, or is intended to be, leased, subleased, or licensed for use by any person other than the applicant for purposes of offering massage or touching techniques or massage therapy and a description of its intended and actual use.
c. Acknowledgment that it is unlawful to cause obstruction of the passage of light through any windows of a massage establishment premises by means including, but not limited to, affixing plywood, paper, or taping other opaque materials over the windows.
d. Acknowledgement that it is unlawful for any massage establishment licensee, controlling person, licensed massage manager, or temporary manager to allow any person under the influence of intoxicating liquor or illicit or unprescribed drugs to be present in a massage establishment. For the purpose of this chapter, a citation may be issued to one or all of the parties present in the massage establishment if it is obvious to the citing officer that any person within the massage establishment shows signs of impairment;
18. For an after-hours establishment, the following information shall also be required on the application:
a. Legal description and location of the premises and lot where the proposed activity will take place, submitted on a map drawn to scale, at least eight and one-half by 11 inches, showing the dimensions of the property and the name and width of all internal and abutting streets, roads or alleys, any existing buildings, fences and easements, with distances to property lines;
b. Floor plan containing an accurate drawing to scale depicting the interior plan and layout of the premises; and
19. Such other information as may be requested by the licensing office to determine the truth of the information required to be set forth above.
B. Any change in ownership of the business or in the information required to be provided in subsections (A)(1), (10), (11), (12), (13), (17) or (18) of this section shall be reported to the licensing office within 10 calendar days after the change. Such changes shall be subject to investigation and approval by the city and, if disapproved, the disapproval shall be grounds for automatic termination of the license as provided in this code. The requirement for reporting changes as required herein is effective at all times during the city’s consideration of the application and at all times when a license issued hereunder is in effect. All other information set forth in subsection (A) of this section must be updated at the time of the renewal of the license.
C. The police department shall conduct an investigation of the application and background of the applicant and proposed licensee. Based on such investigation, the police department shall recommend to the licensing office the approval or denial of the license. In addition, the development services department and fire/medical department, and any other affected department, may inspect any premises proposed as the site of the establishment and may make separate recommendations to the licensing office concerning compliance with the provisions of this chapter and any other applicable rules or regulations. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-5.]