8-4-4 License application.
A. An application for a sexually oriented business license, including a renewal application, must be made on a form provided by the town. The application must be accompanied by a sketch or a 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 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 inches. The town clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
B. Prior to applying for an original sexually oriented business license, all applicants for such a license must have the premises inspected and approved by the health department, fire department, building department, and zoning department. Written certification of such inspections and approvals by each inspecting agency must be submitted with each sexually oriented business license application. A licensee who has not submitted such certifications within the five previous years or a licensee for an establishment which expanded since the time of the previous license application must also have the respective premises inspected and submit written certification of such inspections and approvals by each inspecting agency with the licensee’s next application for the renewal of a sexually oriented business license. Agencies responsible for inspecting the premises of an existing or anticipated sexually oriented business must complete the requested inspections within thirty (30) days of applicant’s request; in the event one or more agencies fails to timely inspect the requested premises, the requirements of this subsection as they relate to that one or more inspection are waived by the town.
C. The application may request, and the applicant shall provide, such information (including fingerprints) as the town may require enabling the town to determine whether the applicant meets the qualifications established under this article. The applicant has an affirmative duty to supplement a pending application with new information received subsequent to the date the application was deemed completed.
D. All applications to own or operate a sexually oriented business must be submitted by a natural person who must sign the application. If a legal entity wishes to own or operate a sexually oriented business, each natural person who owns or controls a twenty (20%) percent or greater interest in the business must sign the application for a business license as an applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a twenty (20%) percent or greater interest in the corporation must sign the application for a business license as an applicant. In all cases, any person involved in the day-to-day operation of the business or has the capacity to significantly influence the operation of the business must sign the application as an applicant.
E. Each application for a sexually oriented business license shall be accompanied by the following:
1. Payment of the application fee in full;
2. The name of the applicant or organization applying for the license and the name under which the sexually oriented business will operate.
3. If the establishment is a State of Arizona corporation, a copy of the articles of incorporation, together with all amendments thereto and a signed statement that the corporation is in good standing in the State of Arizona;
4. If the establishment is a foreign corporation, a copy of the certificate of authority to transact business in this State, together with all amendments thereto and a signed statement that the corporation is in good standing in the state of incorporation;
5. If the establishment is a limited partnership formed under the laws of the State of Arizona, a copy of the certificate of limited partnership, together with all amendments thereto and a signed statement that the corporation is in good standing in the State of Arizona.
6. If the establishment is a foreign limited partnership, a copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto and a signed statement that the corporation is in good standing in the state of incorporation;
7. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
8. If the persons identified as the fee owner(s) of the tract of land in item (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the applicants to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;
9. 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 1,500 feet of the property to be certified; the property lines of any established religious institution/synagogue, public park or recreation area, or family-oriented entertainment business within 1,500 feet of the property to be certified; the property lines of any school established within 1,500 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
10. Any of items (2) through (8), above, shall not be required for a renewal application or for an application for a secondary classification of sexually oriented business operated within the same establishment as the primary application or license if the applicant states that the documents previously furnished the town clerk with the original application or previous renewals thereof remain correct and current.
F. Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the town clerk by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the town clerk. Applications must be submitted to the office of the town clerk or the town clerk’s designee during regular working hours and contain the following information:
1. The applicant’s given name, and any other names by which the applicant is or has been known, including “stage” names and/or aliases;
2. Age, date and place of birth;
3. Height, weight, hair color, and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. Date, issuing state, and number of photo driver’s license, or other state issued identification card information;
7. Social Security number; and
8. Proof that the individual is at least eighteen (18) years old.
All information submitted to the Town pursuant to this paragraph is confidential and will not be released except as pursuant to a valid law enforcement investigation, court order or as otherwise may be required by law.
G. Each person signing an application as an applicant shall attach to the application form the following:
1. Two (2) identical, passport-quality color photographs of the applicant clearly showing the applicant’s face and taken within the preceding month, and two (2) sets of the applicant’s complete 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 sexually oriented business license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other town, city, county, state, or country, has ever had any sexually oriented business 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(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) 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 or any person over the age of eighteen (18) years with whom the applicant resides has been convicted, or is awaiting trial on pending charges, of a specified criminal activity and, if so, the nature of the specified criminal activity involved, the date, place and jurisdiction of each.
4. A statement made under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein and furnished therewith is true and correct and that the applicant has read the provisions of this article.
H. A separate application and sexually oriented business license shall be required for each sexually oriented business classification operating within the same establishment.
I. The fact that a person possesses other types of permits and/or licenses does not exempt such person from the requirement of obtaining a sexually oriented business or employee license. ((O)05-36, 10/05/2005)