§ 16-240. Application for sexually oriented business license.  


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  • (a)

    An applicant for a sexually oriented business license shall file in person at the office of the director an application, signed under oath by the applicant and notarized, accompanied by the fee required under section 16-255. An applicant or other person whose fingerprints and photograph are required under paragraph (c) may, at his option, be photographed and fingerprinted at the office of the director or other city location not later than close of business on the first business day after filing of an application and payment of the required fees. An application shall be deemed complete when the director has received the required fees, all information required in subsection (c), photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photograph and fingerprints of all persons for whom information is required under subsection (c) of this section.

    (b)

    Fingerprints and photograph, if not taken at the office of the director, shall be taken by a law enforcement agency and accompanied by a notarized verification by that agency.

    (c)

    The application shall include the information called for in subsections (1) through (9). If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information required in subparagraphs (1) through (9) for the applicant, the application shall include the state and date of formation of the organization and the information called for in subparagraphs (2) through (6) of this section with respect to each officer, director, general partner and all other persons with authority to participate directly and regularly in management of the business, provided that, such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional advice and assistance to the licensee.

    (1)

    The name, business location, business mailing address and phone number of the proposed sexually oriented business establishment.

    (2)

    The full true name and any other names, aliases or stage names used in the preceding five (5) years.

    (3)

    Current residential mailing address and telephone number.

    (4)

    Written proof of age, in the form of a birth certificate, current drivers license with picture, or other picture identification document issued by a governmental agency.

    (5)

    The issuing jurisdiction and the effective dates of any license or permit relating to a sexually oriented business or adult service, whether any such license or permit has been revoked or suspended, and, if so, the reason or reasons therefore.

    (6)

    All criminal charges, complaints or indictments in the preceding three (3) years which resulted in a conviction or a plea of guilty or no contest for an "organized crime and fraud" offense under chapter A.R.S. title 13, chapter 23, a "prostitution" offense under A.R.S. title 13, chapter 32, a "drug offense" under A.R.S. title 13, chapter 34 or a "sexual offense" under A.R.S. title 13, §§ 1401 through 1406 or under § 1412, or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this subsection.

    (7)

    The name and address of the statutory agent or other agent authorized to receive service of process.

    (8)

    The name(s) of the sexually oriented business manager(s) who will have actual supervisory authority over the operations of the business.

    (9)

    An accurate, to scale, but not necessarily professionally drawn, floor plan of the business premises, and, in an application for an adult service business license, also clearly indicating the location of one or more manager's stations.

    (d)

    The information provided pursuant to subparagraphs (5) and (6) of paragraph (c) of this section shall be supplemented in writing by certified mail to the director within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(Ord. No. 2521, § 1, 6-15-93; Ord. No. 2644, § 1, 2-28-94; Ord. No. 2804, § 1, 6-19-95)