§ 16-3. Definitions.

The following words, terms and phrases, when used in this article, in chapter 3, and in those articles of chapter 16 of this Code to which this article applies, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. These definitions control over any conflicting definitions in chapter 3 of this Code, or in article IV, VI, VIII, IX, XII, XIV, XV, XVI, XVII or XVIII of this chapter.

Aggrieved person means any person who has been denied a license, or whose license is subject to revocation.

Appellant means an aggrieved person who files for appeal under this article.

Assault means conduct, or a course of conduct, in which a person recklessly, knowingly or intentionally commits, or threatens to commit, bodily injury to another person and includes threatening or intimidating, as provided in Arizona Revised Statutes § 13-1202.

Control means the power to direct or cause the direction of the management and policies of an applicant, licensee or controlling person, in any way. Control is presumed to exist:

(1)

In a privately-held corporation, if a person has the direct or indirect ownership of or power to vote ten (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 (1) or more of the directors of the applicant, licensee or controlling person. To determine the percentage of voting securities owned, controlled or held by a person, there shall be added the voting securities of any other person controlled by (i) that person, or (ii) by an officer, partner, employee or representative of that person or (iii) by a spouse, parent or child of that person.

(2)

In a publicly-held corporation, in an on-site manager who directs the daily operation of the applicant or licensee, and every additional manager at the same location to whom the on-site manager reports, whether or not the on-site manager or additional manager(s) has any ownership interest in the applicant or licensee.

(3)

In a partnership, if the general partner or a limited partner holds ten (10) percent or more of the voting rights of the partnership.

(4)

In a limited liability company, if a member holds ten (10) percent or more of the voting rights of the company.

(5)

If a creditor of the applicant, licensee or controlling person holds a beneficial interest in ten (10) percent or more of the liabilities of the applicant, licensee or controlling person.

(6)

In an on-site manager of a business who directs the daily operation of the applicant or licensee, whether or not the on-site manager has any ownership interest in the applicant or licensee.

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

Director means the city director whose responsibilities include licensing and revenue functions, and the director's successor or designee.

License means either a license or permit to which this article applies, including a renewed license or permit.

Licensee means either a licensee or permittee to whom or which this article applies.

Moral turpitude means an act of baseness, vileness or depravity in the duties that a person owes to society, contrary to the accepted and customary rules of right and duty. Moral turpitude includes, but is not limited to, gross indecency, indecent exposure, lewdness, solicitation of prostitution, prostitution, perjury, forgery, tax evasion, theft, misappropriation of funds, and any other specific offenses that have been determined by federal or state courts in Arizona as being crimes of moral turpitude.

(Ord. No. 4065, § 1, 12-4-12)