A. It is a Class 1 misdemeanor:
2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the Town pursuant to this chapter.
C. All applicants must be qualified according to the provisions of this chapter. Each applicant for a license pursuant to this chapter shall submit a full set of fingerprints to the Town Police Department for the purpose of obtaining a State and Federal criminal records check pursuant to A.R.S. § 41-1750 and PL 92-544. The Department of Public Safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation to determine whether the applicant meets the qualifications established in this chapter.
D. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly and regularly in decisions relating to management of the business must sign the application for a license as applicant. Each applicant must be qualified under this article and each applicant shall be considered a licensee if a license is granted.
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 eighteen (18) years of age or more.
b. A partnership, the partnership shall state its complete name, and the names of all partners who will participate directly and regularly in decisions relative to management of the business, whether the partnership is general or limited, and a copy of the partnership agreement, if any.
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers and directors, and the name of the registered corporate agent and the address of the registered office for service of process.
d. A limited liability company, the company shall state its complete name and the names of all members who will participate directly and regularly in decisions relative to management of the business. If the management of the limited liability company is vested in a manager or managers, the company shall also state the name of each person who is a manager of the limited liability company.
2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state: (a) the sexually oriented business’s fictitious name and (b) submit the required registration documents.
4. Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant has been a partner in a partnership, a member of a limited liability company, or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually 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 holds any other license under this chapter or other similar sexually oriented business ordinances from another city 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.
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 (6) inches.
12. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within five hundred (500) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified. For purposes of this article, a use shall be considered existing or established if it is legally in existence at the time an application is submitted.
13. If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict or exhibit specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this article.
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; and
8. Proof that the individual is at least eighteen (18) years of age.
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.
2. A statement detailing the license history of the applicant for the five (5) 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, state, or country 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.
3. 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.
H. Confidentiality. Any records or information obtained by or disclosed to the Town in connection with an application for license or license renewal under this chapter shall be treated as confidential information by the Town and shall not be available for public inspection or copying or divulged to any person, except as required by A.R.S. Title 39, Chapter 1, Article 2 regarding public records, and as provided in this subsection. The Town may disclose confidential information only as follows:
1. To law enforcement officials in connection with a law enforcement or public safety function.
3. Upon order of court of competent jurisdiction. [Prior code Art. 18-4.]