§ 16-578. Application.

(a)

Any person desiring to obtain an after-hours establishment license shall make application to the director who shall refer such application to the chief of police and community development manager and any other department for appropriate investigation. The application shall be in such form as prescribed by the director and shall be fully completed before processing by the director. The application must be submitted at least sixty (60) days prior to the proposed date of providing any after-hours activity.

(b)

The completed application shall include a description of the proposed after-hours activity and shall include, but not be limited to the following information set forth in this subsection. Items (1) through (11) below 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 after-hours activities on a day to day basis, (hereinafter, "managing agent"); and any controlling person as defined herein. The application is not considered complete until all required items, (1) through (27), are submitted to the director:

(1)

The business name, location, phone number and business mailing address of the proposed after-hours establishment;

(2)

Full legal name and any name by which the person is or has been known;

(3)

Current home address and telephone number and addresses over the past five (5) years;

(4)

Driver's license number or State of Arizona identification license number;

(5)

Social security number or equivalent;

(6)

Date of birth, height, weight, hair and eye color;

(7)

Business occupation and employment history for the last five (5) years;

(8)

License history, including issuance, revocation, suspension or termination of any current or past state liquor licenses, the liquor license number and managing agent; permits; professional or business license;

(9)

Fingerprints, 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;

(10)

Listing of any felony or misdemeanor convictions (except minor, civil traffic violations), received within the past five (5) years;

(11)

Documentation of age over eighteen (18) years;

(12)

Designation of the managing agent who will be managing or operating the after-hours activity at the indicated location and proof of the managing agent's authorization to act on behalf of any corporation or organization;

(13)

If a corporation, the articles of incorporation and a certificate of good standing, or certificate of authority to transact business if a foreign corporation. If a partnership, either the partnership agreement or limited liability statement, and the certificate of existence. For limited and limited liability partnerships;

(14)

Name, address and telephone number of the statutory agent in Arizona and any local agent authorized to conduct daily business and proof of authority to act on behalf of the prospective licensee;

(15)

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;

(16)

The names and addresses of any controlling persons as defined herein. If the controlling person is a corporation, the names and addresses of all persons having control of the controlling corporation shall be provided;

(17)

A plan of operation which complies with the requirements of section 16-586(b);

(18)

Evidence of current, valid privilege license issued by the city;

(19)

Evidence of a current, valid use permit or any other applicable zoning approval for the proposed activity issued by the city;

(20)

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 (8½) by eleven (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;

(21)

Floor plan containing an accurate drawing to scale depicting the interior plan and layout of the premises, including all doors, exits and entrances service windows, rest rooms and storage areas;

(22)

A vicinity ownership map showing and labeling all buildings and parking lots within three hundred (300) feet of the exterior boundaries of the lot on which the establishment is located. The three hundred (300) feet measurement shall include any public property or public rights-of-way;

(23)

A vicinity ownership list, and mailing labels properly addressed, containing names and mailing addresses, with correct zip codes, of owners of all parcels required to be shown on the vicinity ownership map. The owners shall be as shown on the last assessment of the property by the county;

(24)

A complex/center tenant list, and mailing label properly addressed, containing names and mailing addresses, with correct zip codes, of tenants which share the site with the proposed licensee as to use of common points of ingress and egress or common parking areas of facilities;

(25)

A written agreement with any property owner whose property, including parking lot may be used by patrons of the after-hours establishment. This agreement shall include the actual address of the property, mailing address of the owner and the dimensions and proposed use of the property;

(26)

Such other information as may be requested by the director to determine the truth of the information required to be set forth above.

(c)

Any change in ownership of the business or in the information required to be provided in paragraphs (1), (2), (12), (13), (14), or (21), above shall be reported to the director within ten (10) calendar days after the change. Such changes shall be subject to investigation and approval by the director. The director may disapprove if such changes result in the after-hours establishment not meeting all requirements of this article and all applicable provisions of the city code or law. If disapproved, the disapproval shall be grounds for termination of the license as provided in the grounds for termination section of 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 thereunder is in effect. This applies to all licensing authorities. All other information set out above must be updated at the time of the renewal of the license.

(d)

Any change in the plan of operation in section (b)(17) above must be approved by the city prior to the change becoming effective. Failure to comply with an approved plan of operation shall constitute grounds for termination of the license as provided in the grounds for termination section of this Code.

(e)

The police department shall conduct an investigation of the application and background of the applicant, managing agent and proposed licensee. Based on such investigation, the police department shall recommend to the director the approval or denial of the license. In addition, the code enforcement unit, police and fire department or any other affected department, may inspect any premises proposed as the site of the establishment and may make separate recommendations to the director concerning compliance with the provisions of this article and applicable codes. The director shall make the decision as to issuance or denial of the license, including any conditions applicable to the license or licensee. Appeal of the denial of a license application shall be made pursuant to the procedures set forth in sections 16-10 through 16-12 of this chapter.

(f)

The director shall not consider any application in which:

(1)

Misrepresentations or material misstatements are made in the application;

(2)

The applicant is in arrears paying city or state business taxes or licensing fees;

(3)

A business owner, managing agent, applicant, other managing employee, licensee, if not the applicant or a controlling person in the business to be licensed has been convicted of a felony within the past five (5) years; or a misdemeanor which relates to the activity to be licensed within the past five (5) years. Or has, within two (2) years preceding the date of the issuance of a license, violated any of the provisions of this article or the city code while conducting an after-hours activity or establishment;

(4)

The director has reasonable grounds to believe that the licensee or controlling person knowingly associates with a person who has engaged in racketeering, as defined in A.R.S. section 13-2301.

(Ord. No. 3033, § 1, 6-30-97)