HomeMy WebLinkAboutOrdinance 2000.06 Amending chapter 9 business regulations of the town code
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: CRT
DEPUTY RECORDER
0234 ROOE
DOCKET: 11292
PAGE: 986
NO. OF PAGES: 7
SEQUENCE: 20000880406
05/05/2000
ORDIN 15:58
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SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 9.00
MARANA ORDINANCE NO. 2000.06
AN ORDINANCE OF THE TOWN OF MARANA,ARIZONA, AMENDING CHAPTER 9,
BUSINESS REGULATIONS, OF THE TOWN CODE OF THE TOWN OF MARANA, BY
ADOPTING ARTICLE 9-6, SEXUALLY ORIENTED BUSINESSES, AND MAKING OTHER
TECHNICAL CHANGES THROUGHOUT THE CHAPTER, AND REPEALING ALL
RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT
THEREWITH AND DECLARING AN EMERGENCY TO EXIST.
WHEREAS, on February 20, 1996, the Town Council did approve Ordinance No. 96.09,
which adopted that certain document entitled "Marana Town Code, Chapter 9 (Business
Regulations]" as the ninth chapter of the official Town Code; and
WHEREAS, based on evidence concerning the adverse secondary effects of adult uses on
the community presented in hearings and in reports made available to the Town Council, and on
findings incorporated in the cases of Erie v. Pap's A.M, No 98-1161, 2000 WL 313381 (U.S. Mar
29,2000), City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini
Theatres, 426 U.S. 50 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v.
Cloud Books, Inc., 478 U.S. 697, (1986); California v. LaRue, 409 U.S. 109 (1972); Iacobucci v.
City of Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc.
v. City of Chattanooga, 107 F.3d403 (6th Cir.1997);Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th
Cir.1986); Hang On, Inc. v. City of Arlington" 65 F.3d 1248 (5th Cir.1995); and South Florida Free
Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir.1984), as well as studies conducted in other
jurisdictions including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston,
Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland,
Ohio; and Beaumont, Texas; and findings reported in the Final Report of the Attorney General's
Commission on Pornography (1986), the Report of the Attorney General's Working Group On the
Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics
obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention; and
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WHEREAS, sexually oriented businesses lend themselves to ancillary unlawful and
unhealthy activities that are presently uncontrolled by the operators ofthe establishments. Further,
there is presently no mechanism to make owners of these establishments responsible for the activities
that occur on their premises; and
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WHEREAS, crime statistics show that all types of crimes, especially sex-related crimes,
occur with more frequency in neighborhoods where sexually oriented businesses are located. See,
e.g., studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas; and
Marana, Arizona Ordinance No. 2000.06
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WHEREAS, sexual acts, including masturbation, and oral and anal sex, occur at sexually
oriented businesses, especially those which provide private or semi-private booths or cubicles for
viewing films, videos, or live sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972);
See also Final Report of the Attorney General's Commission on Pornography (1986) at 377; and
WHEREAS, offering and providing such booths and/or cubicles encourages such activities,
which creates unhealthy conditions. See, e.g., Final Report ofthe Attorney General's Commission
on Pornography (1986) at 376-77; and
WHEREAS, persons frequent certain adult theaters, adult arcades, and other sexually
oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented
businesses. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report
of the Attorney General's Commission on Pornography (1986) at 376-77; and
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WHEREAS, at least 50 communicable diseases may be spread by activities occurring in
sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human
immunodeficiency virus infection (HIV -AIDS), genital herpes, hepatitis B, Non A, Non B
amebiasis, salmonella infections, and shigella infections. See, e.g., Study of Fort Meyers, Florida;
and
WHEREAS, for the period 1985 through 1995, the total number of reported cases of AIDS
in the United States caused by the immunodeficiency virus (HIV) was 523,056. See, e.g., Statistics
ofthe U.S. Department of Health and Human Services, Centers for Disease Control and Prevention;
and
WHEREAS, as of December, 1998, there have been 6111 reported cases of AIDS in the State
of Arizona. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for
Disease Control and Prevention; and
WHEREAS, since 1981 and to the present, there has been an increasing cumulative number
of persons testing positive for HIV antibody test in Arizona; and
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WHEREAS, the total number of cases of early (less than one year) syphilis in the United
States reported during the ten year period 1985-1995 was 367,796. See, e.g., Statistics of the U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention; and
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WHEREAS, the number of cases of gonorrhea in the United States reported annually remains
at a high level, with a total of 1,250,581 cases reported during the period 1993-1995. See, e.g.
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Marana, Arizona Ordinance No. 2000.06
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Statistics ofthe U.S. Department of Health and Human Services, Centers for Disease Control and
Prevention; and
WHEREAS, the surgeon general of the United States in his report of October 22, 1986,
advised the American public that AIDS and HN infection may be transmitted through sexual
contact, intravenous drug use, exposure to infected blood and blood components, and from an
infected mother to her newborn; and
WHEREAS, according to the best scientific evidence available, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g. Findings of
the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention;
and
WHEREAS, sanitary conditions in some sexually oriented businesses are unhealthy, in part,
because the activities conducted there are unhealthy, and, in part, because ofthe unregulated nature
ofthe activities and the failure ofthe owners and the operators of the facilities to self-regulate those
activities and maintain those facilities. See, e.g., Final Report of the Attorney General's Commission
on Pornography (1986) at 377; and
WHEREAS, numerous studies and reports have determined that bodily fluids, including
semen and urine, are found in the areas of sexually oriented businesses where persons view" adult"
oriented films. See, e.g., Final Report ofthe Attorney General's Commission on Pornography (1986)
at 377; and
WHEREAS, nude dancing in adult establishments encourages prostitution, increases sexual
assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583
(1991); and
WHEREAS, nude dancing in adult establishments increases the likelihood of drug-dealing
and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir.1986); and
WHEREAS, the findings noted in paragraphs numbered (1) through (17) raise substantial
governmental concerns; and
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WHEREAS, sexually oriented businesses have operational characteristics which should be
reasonably regulated in order to protect those substantial governmental concerns; and
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WHEREAS, a reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the operators of the sexually oriented
businesses. Further, such a licensing procedure will place a heretofore non-existent incentive on the
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Marana, Arizona Ordinance No. 2000.06
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operators to see that the sexually oriented business is run in a manner consistent with the health,
safety, and welfare of its patrons and employees, as well as the residents of the Town. It is
appropriate to require reasonable assurances that the licensee is the actual operator of the sexually
oriented business, fully in possession and control of the premises and activities occurring therein;
and
WHEREAS, removal of doors on adult booths and requiring sufficient lighting on the
premises with adult booths advances a substantial governmental interest in curbing the illegal and
unsanitary sexual activity occurring in adult establishments; and
WHEREAS, the disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the sexually oriented business, where such
information is substantially related to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity; and
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WHEREAS, it is desirable in the prevention of the spread of communicable diseases to
obtain a limited amount of information regarding certain employees who may engage in the conduct
this article is designed to prevent or who are likely to be witnesses to such activity; and
WHEREAS, the fact that an applicant for a sexually oriented business license has been
convicted of a sex-related crime leads to the rational assumption that the applicant may engage in
that conduct in contravention to this article; and
WHEREAS, the barring of such individuals from operation or employment in sexually
oriented businesses for a period of ten (10) years for a previous felony conviction serves as a
deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases;
and
WHEREAS, the Town Council finds that the general welfare, health, morals, and safety of
the residents of this Town will be promoted by the enactment of regulations to minimize the
secondary effects described herein, and is in the best interests of the residents of the Town; and
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WHEREAS, the Town Council finds that dispersing sexually oriented businesses will help
to minimize the secondary effects described herein; and
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WHEREAS, sexually oriented businesses require special supervision in order to protect and
preserve the health, safety, and welfare ofthe patrons of such businesses as well as the residents of
the Town of Marana; and
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Marana, Arizona Ordinance No. 2000.06
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WHEREAS, the Mayor and Council find that sexually oriented businesses are frequently
used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature, and
the concern over sexually transmitted diseases is a legitimate health concern of the Town that
demands reasonable regulation of sexually oriented businesses in order to protect the health and
well-being of the residents; and
WHEREAS, licensing is a legitimate means of accountability to ensure that operators of
sexually oriented businesses comply with reasonable regulations, and to ensure that operators do not
allow their establishments to be used as places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses around them
and the surrounding residential areas adj acent to them, causing increased crime and the downgrading
of property values; and
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WHEREAS, it is recognized that sexually oriented businesses, due to their nature, create
serious objectionable secondary effects, particularly when they are located in proximity to each
other, thereby contributing to urban blight and downgrading the quality oflife in the adjacent area;
and
WHEREAS, the Mayor and Council want to prevent these adverse effects and thereby protect
the health, safety, and welfare of the residents of the Town of Marana; protect the residents from
increased crime; preserve the quality of life; preserve the property values and character of
surrounding neighborhoods and deter the spread of urban blight; and
WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected
by the First Amendment, but to enact content neutral regulations that address the secondary effects
of sexually oriented businesses as well as the health problems associated with such businesses; and
WHEREAS, it is not the intent of the Mayor and Council to condone or legitimize the
distribution of obscene materials, and the Mayor and Council recognize that State and Federal law
prohibits the distribution of obscene materials and expects and encourages State enforcement
officials to enforce State and Federal obscenity statutes against any such illegal activities in the
Town of Marana;
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WHEREAS, the Mayor and Council of the Town of Marana have determined that certain
amendments to this Chapter are necessary in order to regulate the secondary effects surrounding
sexually oriented businesses, and as such, it is in the best interests of the residents of the Town of
Marana that the amendment to Article 9-6 be adopted; and
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Marana, Arizona Ordinance No. 2000.06
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WHEREAS, other technical changes to chapter 9 are necessary to clarify the town's as well
as individuals' and organizations' licensing responsibilities.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a
Arizona, as follows:
Section 1.
Section 2.
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That certain document entitled, "CHAPTER 9, BUSINESS REGULATIONS" three
copies of which are on file in the office of the Town Clerk of the Town of Maran a,
Arizona, said document having been made a public record by Resolution No. 2000-
51 of the Town of Maran a, Arizona, is hereby referred to, adopted, and made a part
hereof as if fully set out in this Ordinance.
The penalty provisions of this ordinance are as follows:
Section 9-9-1 Penalties generally, miscellaneous provisions
(1)
Each day that a violation continues shall be considered a separate
offense.
A person may be found guilty of violating section 9-5-6 regardless of
the person's knowledge of the violation.
(2)
Section 9-9-2 Civil violation
Except as provided elsewhere in this article, any violation of this chapter shall be a civil
infraction and punishable by a fine of not less than two hundred fifty dollars ($250).
Section 9-9-3 Criminal violation
A.
The failure of any person, firm, corporation, or other entity to comply with the
provisions of section 9-1-3(B), and to pay any and all fees when due, shall be a
class I misdemeanor, which shall be assessed against the owner or operator of a firm
or corporation in the event a firm or corporation is in violation of that subsection.
9
B.
Any person violating a provision of article 9-4 or article 9-5 is guilty of a class 1
misdemeanor.
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C.
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A person who knowingly conducts, maintains, owns, manages, and/or operates any
qualified establishment, as defined in article 9-5, where any person is in violation of
any provision of article 9-5, is guilty of a class 1 misdemeanor.
Marana, Arizona Ordinance No. 2000.06
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Section 3.
Section 4.
Section 5.
Section 6.
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The various Town officers and employees are authorized and directed to perform all
acts necessary or desirable to give effect to this Ordinance.
A violation of any provision of article 9-6, as adopted, shall be a civil infraction. An
individual or corporation convicted of violating provisions of this article shall be
assessed a civil penalty of not less than two hundred fifty dollars ($250.00).
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
The immediate operation of this Ordinance is necessary for the preservation of the
public peace, health and safety of the Town of Maran a, Arizona, and an emergency
is hereby declared to exist, and this Ordinance shall be in full force and effect from
and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this
2nd day of May, 2000. '71Jj)q RJ
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APPROVED AS TO FORM:
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Daniel J. Hochuli, Esq.
As Town Attorney
and not personally
Marana, Arizona Ordinance No. 2000.06
Page 7 of 7
CHAPTER 9
BUSINESS REGULATIONS
Article 9-1
BUSINESS LICENSE
Section 9-1-1
Licensed R~equired~fexcePtions
A. It is unlawful for any person, whether as principal or agent, either for himself or for
another person, or for any corporation, or as a member of any firm or partnership,
to commence, practice, transact or carry on any trade, calling, profession,
occupation or business within the town limits without first having procured a license
from the town to do so and without complying with all regulations of such trade,
calling, profession, occupation or business as specified or required by the United
States government or the State of Arizona and its political subdivisions. No license
shall be issued without proof by the applicant of such compliance and verification
by the town clerk that no violation of the town's zoning or sales tax regulations will
occur by such issuance.
B. The practicing or carrying on of any trade, calling, profession, occupation or
business by any person, corporation or partnership without first having procured a
license from the town to do so, or without complying with any and all regulations of
such trade, calling, profession, occupation or business, as required by other law or
by this article shall constitute a separate violation of this article for each and every
day that such trade, calling, profession, occupation or business is practiced. carried
on or conducted within the town.
C. The only exceptions to the licensing requirements of this article shall be:
1. Non-;profit educational institutions, fraternal and service clubs, bona fide
religious organizations, and agencies of any federal, state or local
governments.
2. Non-;profit private clubs where a basic membership fee covers the cost of
the use of the facilities.
3. Community organizations/events upon approval of the town clerk.
4. Businesses and trades which are exempt from licensing and tax regulations
under federal and state statutes.
5. Persons sellino personal property within the confines of such person's
residential premises. so lono as such activitv neither exceeds three
consecutive days nor is performed more than four times within a one (1)
year period.
[Adopted by Ord. No. 96.09]
Marana Town Code
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Section 9-1-2
Application and lissuance
A It shall be the duty of the town clerk upon receipt of a properly completed
application for a business license and verification of the data contained thereon, to
prepare and issue a license under this article for every person, corporation or
partnership required to pay a license fee hereunder and to state in each license the
amount charged for the same, the period of time covered, and the trade, calling,
profession, occupation or business licensed, and the location or place of business
where the trade, calling, profession, occupation or business is to be carried on,
transacted or practiced.
B. In no case, shall any mistake made by the town clerk in issuing any license or
collecting the amount of fee for any license or the amount actually due from any
person required to pay for a license as provided herein, prevent, prejudice or stop
the town from collecting the correct amount of fee or charge for any license or the
amount actually due from any person required to pay for a license as provided
herein, or revoking any license erroneously issued and refunding the fee collected.
C. It shall be a condition precedent to licensing that all ordinances and regulations
affecting the public peace, health and safety be complied with in full.
[Adopted by Ord. No. 96.09]
Section 9-1-3
Fees; PRayment; =F!erm of l:!icenses;::aI1I1UaliirehewalrealJired
A The fee for any license issuedj'includil1aa'rrenewaliUceiise; under this article shall
be twenty-~fivedb"ars ($25.00) dollars per year.
B. In addition to the twel'llVLfiveidbllar($25.001 fee, every person, firm, corporation, or
other entity applying for a spirituous liquor license, under the provisions of AR.S.
Section 4 191 sectibni!j:L1 01, et-_seq., whether it be for an original license or transfer
of license, shall tender to the town a fee of fifty dollars ($50.00). Said fee shall be
tendered to the town contemporaneous with the filing of an application for original
license or transfer of license to the Arizona State Department of Liquor Licenses
and Control. This fee shall not be applicable to wholesalers licensed under AR.S.
Section 4 209sectiol'li!j:-209.
C. No greater or lesser amount of money shall be charged or rece4ved by the town
clerk for any license than is provided for in this article, and no license shall be
issued for any period of time other than as provided herein.
D. All charges for a license required by this article shall be paid in advance and in
lawful money of the United States of America at the office of the town clerk.
E. =FfleAnv license issued pursuant to this article shall expire and a renewal charge for
all licenses provided herein shall become due and payable on the anniversary date
of the issuance of the license and every anniversary date thereafter, except that
8. Any new license charge shall become due and payable and be paid on or before
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the day of commencing to carry on, transact, or practice the trade, calling,
profession, occupation or business for which a license is required by this article.
F. Any person, firm, company or corporation who discontinues the business, trade,
calling, profession or occupation during the period covered by the current license;-
shall not be entitled to any refund of license fee for that portion of the period
remaining after discontinuing the business, trade, calling, profession or occupation.
G. License fees provided for this article shall become delinquent fifteen days
after they become due. When the chartieJof any' litense,roouiredhereunder shall
remain'unoai'dfor fiffeen'.f1SlttlavsJrelTi'and~after~theiaueTdate;St1iAI?Cnarqe;shalI
l:)eraelifiQuE!nEand!1ffie4:tOwmcletk:~t6n;;the,*da"'t;uDon;;whic.sardYrdlardeJtieGdrnes
cfeJmqfjent~:sliatltalfd111ieref0'aft%amotlnf(eduallo\fiW$(follafsr($5mB)frasfa'~penaftY
ahd.rtd.receipt:btficetiS~stfaJl"bejissiJed'ttiereafter;~etbwn;:crem;until;tfie":ena^r'~e
and'periaIW~shall bei'paidinifUIE
[Adopted by Ord. No. 96.09; revised by Ord. No. 98.12.]
Section 9-1-4
Number of k!icenses R~equired
A. A separate charge for a license shall be paid for each branch establishment or
separate place of business in which any person, corporation or partnership shall
carry on, transact or practice a trade, calling, profession, occupation or business.
B. When more than one trade, calling, profession, occupation or business is carried on,
transacted or practiced by the same person, corporation or partnership at one fixed
place of business, only one license shall be required and the charge for such
license shall be the charge applicable to any of the activities, and all activities shall
be listed on the license issued.
[Adopted by Ord. No. 96.09]
Section 9-1-5
License to be ~xhibited
A. Each person, corporation or partnership having a license and having a fixed place
of business shall keep said license, while in force, at some conspicuous place or
location within the place of business.
B. Each person, corporation or partnership having a license and having no fixed place
of business shall carry such license with him or her at all times, while engaged in
any activity for which the license was issued, except that a person acting for any
such corporation, firm or company and not being the only person acting for such
corporation, firm or company may carry with him or her a copy of the license which
has been issued by the town clerk and plainly marked or stamped "Duplicate".
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c. Each person, corporation or partnership having a license shall produce and exhibit
the same whenever requested to ao so by the town clerk, any police officer or any
agent of the town authorized to issue, inspect, or collect licenses.
[Adopted by Ord. No. 96.09]
Section 9-1-6
Inspector of I::!icenses
A. The town clerk shall be inspector of licenses, and all police officers of the town shall
be assistant inspectors of licenses and, in addition to their several duties, are
hereby required to see that all required licenses are obtained. The town clerk shall
maintain a record for each license issued and record the reports of violations
therein.
B. Each assistant inspector of licenses, immediately upon the facts coming to his or
her knowledge, shall report to the town clerk the name of any person, corporation
or partnership carrying on, transacting or practicing any trade, calling, profession
or business within the town without first having obtained a license as required by
this article.
[Adopted by Ord. No. 96.09]
Section 9-1-7
Duties and Pl!owers of l!nspectors
The inspector of licenses and the assistant inspectors, each in the discharge and
performance of his or her duties, shall have and exercise the following powers:
A. To issue a citation through an officer of the Marana Police Department for any
violation of the provisions of this article.
B. To enter, free of charge and at any reasonable time, any place of business for
which a license is required by this article and to demand exhibition of the license for
the current period of time from any person, corporation or partnership engaged in
carrying on, transacting or practicing any trade, calling, profession, occupation or
business at such place of business and, if such person, corporation or partnership
shall fail then. and there to exhibit such license, such person, corporation or
partnership shall be liable to the penalties provided for violation of this article.
B. When the charge for any license required hereunder shall remain unpaid
for fifteen (15) days from and after the due datc, such charge shall be
delinquent and the town clerk, on the day upon which said charge
bccomes delinquent, shall add thereto an amount equal to fhre dollars
($5.00) as a penalty and no receipt or license shall be issued thereafter by
the town clerk until the chargc and penalty shall be paid in full.
[Adopted by Ord. No. 96.09]
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Section 9-1-8
Transfer of k!icense
No license issued under the provisions of this article shall be assigned or transferred to any
other person, corporation or partnership without first obtaining permission from the town.
[Adopted by Ord. No. 96.09]
Section 9-1-9
Prorating Pi!rohibited
No license fee herein provided shall be prorated.
[Adopted by Ord. No. 96.09]
Section :> 1 10 Revocation of Business License
Ousiness licenses issued under this article may be fe'v'oked by the to'v'i'n cierI< at any
time, if deemed necessary in the interest of public safety, protection, health, or morals.
[Adopted by Ora. No. ~6.09]
Section 9-1-10 Denial; R:!estrictions; S~uspension; R!evocation
A. Licenses issued under the provisions of this article may be denied, restricted,
suspended or revoked by the town clerk, after notice, for any of the following
causes:
1. Fraud, misrepresentation or material false statement contained in the
application for license;"!
2. Fraud, misrepresentation or material false statement made in the course of
carrying on the business;"!
3. Any violation of this article;-!
4. Conducting business in violation of any town ordinance, county ordinance,
state law or federal law, relating to the public health, safety and welfare;-;6r
5. Ifdeemed necessary in the interesf6fbublic safetV:brotection:health./6r
morals.
B. Upon notification of a violation, the business licensee shall have thirty (30) days in
which to remedy the violation before the license is suspended. Business activity
shall be allowed to continue during this period, unless the violation threatens public
health, protection, safety, or morals, in which case the business activity shall cease
immediately upon notification of violation.
C. If after thirty (30) days the violation has not been remedied andor the remedial
action not brought to the attention of the license inspector or town clerk, the license
inspector shall give written notice to the licensee or the person in control of the
business within the town by personal service or registered mail that the license is
suspended pending a hearing before the town manager, or his or her appointee, for
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the purpose of determining whether the license should be revoked. The notice shall
state the time and place at which the hearing is to be held, which shall be within
fifteen (15) days from the date of service of the notice. The notice shall contain a
brief statement of the reasons for suspension and proposed revocation.
D. The licensee may take the necessary actions during the fifteen (15) day
suspension period to remedy the violation(s), if allowable, and apply to the town
clerk to have the license fully restored. The suspension notice shall be void, and
the suspended license shall be promptly reinstated as soon as the licensee in
violation receives notice in writing from the appropriate town official indicating the
violation has been cured, removed or rectified.
E. During the period of the license suspension, or revocation but awaiting appeal, no
business activity shall be conducted at, on, or in such premises or by any such
person, principal, agent, corporation, group, or member of any firm or partnership.
[Adopted by Ord. No. 96.09]
Section 9-1-11
Appeal
A. Any person aggrieved by the denial of an application for license or by the
restrictions placed upon the license or by the suspension or revocation of such
license, and who is not satisfied with the decision of the town manager or his or her
designee shall have the right to an appeal before the town council. An appeal shall
be taken by filing with the town clerk, within fifteen (15) days after the decision of
the hearing officer, a written statement requesting an appeal, and setting forth fully
the grounds for the appeal. If an appeal is not requested within such time limit, no
appeal shall be granted, and the decision of the hearing officer will become final and
binding. Such written statement of appeal must be delivered in person to the town
clerk.
B. The town council shall hear the matter of the appeal at the next regularly scheduled
meeting that provides sufficient notice to the licensee, and notice of such hearing
shall be mailed to the appellant at least seven (7) days prior to the meeting. Notice
shall be deemed delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final.
[Adopted by Ord. No. 96.09]
Section :} 1 13 Penalty
Any violation of thi3 article 3hall be a civil infraction and punishable by a fine. Each day
that a violation continue3 shall be con3idered a scparate offense.
Thc failure of any pcrson, firm, corporation, or other entity to comply with the pro'v'ision3
of Section ~ 1 3(0), and to pay any and all fees \,'t'hen due, shall be a class one
mi3demeanor.
[Adopted by Ord. No. :)6.0:); revised by Ord. No. ~8.12.]
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Article 9-2 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Section 9-2-1
Definitions
In this article, unless the context otherwise requires:
A. "Peddler" means any corporation, partnership, individual, firm, or other entity,
whether resident of the town or not, who travels or whose agents travel from place
to place, from house to house, from street to street or business to business
carrying, conveying or transporting goods, wares, merchandise, edible foodstuffs
or provisions, offering and exposing the same for sale or making sales and
delivering articles to purchasers. It is further provided that a person who solicits
orders and, as a separate transaction, makes delivery to purchasers as a part of the
scheme or design to evade the provisions of this chapter shall be deemed a peddler
subject to the provisions herein contained.
B. "Solicitor" means any person, corporate or individual, or firm, whether resident of
the town or not, who travels, or whose agents move or travel from place to place,
from house to house, from street to street or from business to business taking or
attempting to take orders for sale of goods, wares and merchandise, edible
foodstuffs, personal property of any nature whatsoever for future delivery or for
services to be furnished or performed in the future, whether collecting advance
payments on such sales or not, provided that such definition shall include any
person or firm who, for himself or itself or for another person or firm, hires, leases,
uses or occupies any building, structure, tent, hotel room, lodging house, apartment,
shop or any other place within the town for the sole purpose of exhibiting samples
and taking orders for future delivery.
C. "Transient merchant" means any person, corporate or individual, or firm, whether
owner or otherwise, whether a resident of the town or not, who engages or whose
agents engage, in a temporary business of selling and delivering goods, wares,
merchandise, edible foodstuffs$isElIvices or provisions, within the town, and who, in
furtherance of such purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, public room in a hotel, lodging house, apartment, shop, or any
street, alley or other place within the town for the exhibition and sale of such goods,
wares, merchandise and edible foodstuffs, either privately or at public auction. The
person or firm so engaged shall not be relieved from complying with the provisions
of this chapter merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer or by conducting such transient business in
connection with, as a part of or in the name of any such local dealer, trader,
merchant or auctioneer.
[Adopted by Ord. No. 96.09]
Section 9-2-2
License Rrequired: prohibited activities
A. Subject to the provisions of A.R.S. ~ 3-563, it is unlawful for any peddler,person
operatinQ as a solicitor, peddler. or transient merchant, as the same are defined
in this article, to engage in such business within the corporate limits of the
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town without first obtaining a license therefor in compliance '.vith the
pro'/is ions of Article 9toWi:i!isnalEteaisteiBiwitn'ifneKtown'icleif€'amdobtaiha'ilicehse
snowinmsucniireaisUati6h.
B. When more than one trade, calling, profession, occupation or business shall be
carried on, transacted or practiced by the same person, corporation or partnership
without any fixed place of business, a separate license shall be required and a
separate appropriate charge be paid for each activity for which a license is required
by this article.
C. The following practices shall be prohibited:
C. It is unlawful for a~
Iny peddler, solicitor or transient merchant to make exclusive use of any
iDcation on any street, alley, sidewalk or right~of-way for the purpose of
selling, delivering, or exhibiting goods or merchandise.
2. It is unlawful for alny peddler, solicitor, or transient merchant to operate
in a congested area where such operation may impede or inconvenience the
public use of such street, alley, sidewalk, or right~of-way. For the purpose
of this chapterartiCfe, the judgment of a police office, exercised in good
faith, is conclusive as to whether the area is congested and the public
impeded or inconvenienced.
3. It is unlavflul for aeffly person to exhibitordisolav any copy or facsimile of
the original license issued under this chapterarticle.
[Adopted by Ord. No. ~6.09]
Scction 9 2 3 Registration Required
Any person operating as a solicitor, peddler, or transient merchant, shall register
with the town clerk and obtain an identification card showing such
registrationarticle5
43 AhyYchild 6r2childrehYunderfhe aoe'iof,sixtee'n (16lto solici tor, oed dIe Vilithin
them:SWh'pursuantto:abelit1it'arnntedOnderthisartiae;unless"suoervised
by'arespohsible'adiJltholdihQabermit..issuedpursuantto'lhiszai"tiCfe:
5. Aiivsolicitorofoeddler to commence earlierlhah9:00a;JTI. or extend later
than 9:00 pjmj'ion anvdav.'
6. Ahvsolicitor or oeddler under the aQe of sixteen (16) tcfsolicifat any time
other than beMeen9:00 a.m. and 7:00 p.m.
[Adopted by Ord. No. 96.09]
Section 9-2-3
Exemptions
The terms of this article do not include the acts of persons conducting bona fide religious
or charitable business, persons selling personal property at wholesale to dealers in such
articles, news vendors, the acts of merchants or their employees in delivering goods in the
regular course of business, nor to persons conducting periodic sales of personal property
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upon their living premises (Le. yard or garage sales). Nothing contained in this article
prohibits any sale required by statute or by order of any court, or to-prevent~ any person
conducting a bona fide auction sale pursuant to law. -
[Adopted by Ord. No. 96.09]
Section 9-2-4
Conducting BRusiness WWithout Registrati6fl Cards rncehse
l!rohibited
It is unlawful for any solicitor, peddler, or transient merchantto conduct or transact business
without having registered with the town clerk and without having obtained a registrati6fl
eardlicense,ltherefclr; without having such eardlirense in possession; or failiflgto;:fail to
exhibit such eardlicense upon request by any official of the town. Each violation of this
article shall constitute a separate violation for each and every day that such activity
occurred within the town.
[Adopted by Ord. No. 96.09]
Section 9-2-5
Peddling on PRosted PRremises; Rrefusal to k!eave
- - - -
Peremises
It is unlawful for any peddler, solicitor, or transient merchant, their agents or
representatives, to come upon any premises whereon a sign bearing the words "no
peddlers" or "no canvassers" or "no solicitors" or any combination of such terms or terms
similar thereto is exposed to public view or to remain on any premises after having been
requested to leave by the owner or occupant thereof whether such premises are posted as
specified above or not.
[Adopted by Ord. No. 96.09]
Section 9-2-6
Application and Ilssuance
A. Applicants for a license under this article shall file with the town clerk a sworn
application in writing, on a form to be furnished by the town clerk, which shall give
the following information:
1. Name and physical description of the applicant;
2. Complete permanent home and local addresses of the applicant and, in the
case of a transient merchant, the local address from which proposed sales
will be made;
3. A brief description of the nature of the business and goods to be sold;
4. If employed, the name and address of the employer (no post office box
address will be accepted);
5. The length of time for which the right to do business is desired;
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6. The source of supply of the goods or property proposed to be sold, or orders
taken for the sale thereof, or services to be provided, where such goods,
services or products are located at the time said application is filed, and the
proposed method of delivery;
7. A statement as to whether or not the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, other than
traffic violations, the nature of the offense and the punishment or penalty
assessed therefor;
8. The most recent counties, cities, or towns, if any, where applicant carried on
business immediately preceding the date of application and the address
from which such business was conducted in those municipalities; and
9. Description of any vehicles, including license numbers, to be used in
conducting business in the town.
B. Registration cards underlticensesi:issuediC)i.Jrsu~Hlt;to this article shall be given to
all applicants who have complied with section tI1eJlreqUiremeiitsilnfithisatticle,
unless the town clerk discovers through any investigation, that the applicant, his or
her agents, or representatives have been convicted of, or have pending charges for
any felony or misdemeanor affecting their truth, honesty or veracityJlasl0roviaed for
ini:section19~2~12. In such cases the application shall be denied or revokea.
[Adopted by Ord. No. 96.09]
Section 9-2-7
Charitable, Rreligious, P,eatriotic or PRhilanthropic
~rganizations
Any organization, society, association or corporation desiring to solicit or have solicited in
its name money, donations of money or property or financial assistance of any kind or
desiring to sell or distribute any item of literature or merchandise to persons other than
members of such organization upon the streets, in office or business buildings, by house-to-
house canvass or in public places for charitable, religious, patriotic or philanthropic purpose
exclusively shall be exempt from the provisions of this article.
[Adopted by Ord. No. 96.09]
Section 9-2-8 Fees
A. Every applicant peddler, solicitor, or transient merchant under this article shall pay
the $25.00 per business endeavor conductea in the town for a registration card.
license or a renewal thereof.
B. N6Qreater or lesser amount of money shall be charoed or received bv the town
clerk for any license provided for in this article. and no license shall be issued for
anY perioo of time other than as provided herein.
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C. AIFcharoes for: a license re~uired bvthis article shall be Daid in advance and in
laWful mone~ef:theUnitedStates.of America .at the:offiee of thetowncferk:
D. A license'issuediPursuanf.t();l:this'article' 5haIL+exbir~andla'tEmewatYcharoefor:all
licenses:orovided liereifiYshaU:become:aUe;ariCJ Davabfeoffttie anfiiVersarvdatefbf
the;issuance:6ttneflfeense' and::everv'aiiniversa[:\tdafEfthe(eaftef~Anv:new)lirense
chatqe:csnalfiloecome:.:due:'ana:xoavaofe:';:and:betfOOidf6n"for.'oefOfer::tlieday;of
corrirriericinQ11lfo"1ifcaWl;ronT::ttarisact:::'6r'rpracticE:r:t~tl1ef;'frade. ':caltinQ~i:professidn,
occtJPatioabt:DUsiness;;foj:;;wnich.aflicens'e~is~teijuired:bv;this.affiCJe:"
E. AnYbersetr~kftfl'i11:comoahv: or::C6toerati5n,wh(),discohtihUes;the+activibl:autinq. the
oeribd"covere6iov thefaitrent?ficellse:fshan:nbt. bEf'entitlea'to, anY~refUffd{oflicense
fee .fdrltfiattPortfont6fJtne"penod.'remaTriih'Qiafteii'iaisrontinliihij'clheractivityj
F: Feesm'r6videmfOf:thisJaftitte::snafl:beoome 'aelinQuent flfteerH-(5)'roavsf aftet;Zthey
bec6me!fdtie vai:rd;;:;fne"lowh,:ctetk';~;oti~lhe;);davtuooii';whrcm;saitfrenai::Qe1,t)eoomes
delih(jtrent:;slialf:aaCJ;f,ff:ieteto$aI;10"amollht~equa'no:fi\lEr:aollarS':($5;OOJfasYafoenalfy
and no7feceiof'o-lilfrense':shatrbe issiled tfiereafteEbv:tnefowncleff<iiUntifth+e:cflar08
and'penaIMsnatrbe:paidTff1ffill:',
[Adopted by Ord. No. 96.09J
Section 9-2-9
Enforcement of A~rticle; Rrecord of k!icenses Ijssued and
V~iolations
It shall be the duty of any police officer of the town to enforce this article. The chief of
police shall report to the town clerk all arrestscifafioh's:issUea fora violation of this article,
and the town clerk shall maintain a record for each license issued and record the reports
of violations therein.
[Adopted by Ord. No. 96.09J
Section 9-2-10
Exhibition of Registration Cardlicerlse
Peddlers, solicitors, and transient merchants are required to exhibit their original
registration cardlicense at the request of any person. Exhibition of any copy or facsimile
of the original shall not be considered in compliance with this article.
[Adopted by Ord. No. 96.09]
Section 9-2-11
Transfer of Rregistration
No registration card license issued under the provisions of this article shall be assigned
or transferred to any other person, corporation or partnership without first obtaining
permission from the town clerk.
[Adopted by Ord. No. 96.09]
Section ~ 2 13
Re,,'ocation of Registration Cards
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Registration cards under this article may be re,,.oked by the toW" at a"y time, if deeFfled
necessary i" the interest of public sakty and protection.
[^dopted by Ord. No. ~6.09)
Section 9-2-12 Denial; R!estriction; ~uspension; Rrevocation
A. RegistrationAlicefise issued under the provisions of this article may be denied,
restricted, suspended or revoked by the town clerk for any of the following causes:
1. Fraud, misrepresentation or material false statement contained in the
application for license;l
2. Fraud, misrepresentation or material false statement made in the course of
carrying on the business;~
3. Any violation of this article, town ordinance, state or federallaw;~
4. Conviction of any felony oramisdemeanordifivolvinQliioraf;tt..li'Ditude~
5. Conducting business in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health,
safety or general welfare of the public; {or
6. I{deemed necessary in the interest o{pubfic'safetv and protection.:
B. In the event a registration cardlicefise is revoked, the revocation shall be effective
immediately and the applicant shall not conduct any business activity within the
town.
C. At the time of denial or revocation the license ins pc ctortown detk shall give written
notice to the licensee or the person in control of the business, by personal service
or registered mail, that the license has been denied or revoked. Such notice shall
also advise that the licensee shall have:fifteen (15) days to request a review hearing
before the town manager or his or her appointee; for the purpose of determining
whether the license should have been denied or revoked.
D. In the event the licensee requests a review hearing! the hearing shall be scheduled
within fifteen (15) days of the request; and the licensee shall receive notice of the
date, time and place of the review hearing by personal service or registered mail.
[Adopted by Ord. No. 96.09}
Section 9-2-13
Appeal
A. Any person aggrieved by the denial of an application for ~Iicense or by the
restrictions placed upon the license or by the suSpension orrevocation of such
license;-and who is not satisfied with the decision of the town manager or his or her
designee shall have the right to an appeal before the town council. An appeal shall
be taken by filing with the town clerk, within fifteen (15) days after the decision of
the hearing officertown manaQer or his or her appointee, a written statement
requesting an appeal, and setting forth fully the grounds for the appeal. If an appeal
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is not requested within such time limit, no appeal shall be granted, and the decision
of the hearing offi&ertowniimanaqep'ophisfo17inei;;aDDointee will become final and
binding. Such written statement of appeal must be delivered in person to the town
clerk.
B. The town council shall hear the matter of the appeal at the next regularly scheduled
meeting that provides sufficient notice to the Ii&enseeaooelfanl, and notice of such
hearing shall be mailed to the appellant at least seven (7) days prior to the meeting.
Notice shall be deemed delivered upon mailing, whether received or not.
C. The decision and order of the town council on appeal shall be final.
[Adopted by Ord. No. 96.09]
Se&tion 9 2 16 Penalty
Any violation of this arti&le shall be a civil infra&tion and punishable by a fine.
Each day that a violation continues shall be considered a separate offense.
[Adopted by Ord. No. 96.09]
Article 9-3 SWAP MEETS
Section 9-3-1
Definitions
In this chapterat:ticle, unless the context otherwise requires:
A. "Swap meet operator" means any person~i;oPQaniiation or firm who operates or
conducts a swap meet.
B. "Swap meet" means a place of commercial activity, popularly known as a swap
meet, flea market, pat:k-;and-swap, which is:
1. Open to the general public for the purchase of merchandise on the
premises;-
2. Available to the general public who wish to sell merchandise on the
premises, whether such sellers or vendors are in the business of vending or
are making casual sales or some combination thereof;
3. Composed of stalls, stands or spaces allotted to vendors who do not occupy
the same allotted space or spaces on an uninterrupted continuous daily
basis.
[Adopted by Ord. No. 96.09]
Section 9-3-2
License Rrequired
A. It is unlawful for any swap meet operator, as defined in this article, to engage in
sttehanv swap meet business within the &orporatc limits of the town without first
complying with the licensing requirements of article 9-1.
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B. AHIt','lsiiuAIl3Wfulfoii!ianv vendors conducting or transacting business within the
confines of the~ swap meet shall be excmpted fromto;eAqademn;any'swapKmeet
bl.isiness;wilninftheKtawriiWithOutfirst:icomalvirio(;wiln the licensing requirements of
this articlc and article 9 1 and the registration requirements of article -' so
long as the operator of the swap meet is Iicensedarticle;;1geJ't~;i;ui"iress:::;:tn'8
ar.:>Pl"or.:>nafe'rswa"a;;meetiioperat6r islicenseaZaridif"edistered pursuant to article 9-1
and this article.
[Adopted by Ord. No. 96.09]
Section 9-3-3
Exemptions from Article
A. The terms of this article do not include acts of persons selling personal property
within the confines of such personls residential premises, so long as such activity
does not exceed three (3) consecutive days and is not performed more than four
(4) times a year.
B. Any vendor who conducts or transacts business at a swap meet and whose regular
business activity subjects him or her to the licensing requirements set forth in
article 9-1 shall have a business license for theircai'iouCtina regular business
activity, but shall be exempt from the licensing requirements of this article.
[Adopted by Ord. No. 96.(9)
Section ~ 3-4 Penalty
Any .".iolation of this article shall be a civil infraction and punishable by a fine.
Each day that a violation continues shall be considered a separate offense.
[Adopted by Ord. No. 96.09]
Article 9-4 MASSAGE THERAPISTS AND ESTABLISHMENTS
Section 9-4-1
Definitions
In this article, unless the context otherwise requires, the following words and phrases shall
be construed as follows:
A. A "MrTlassage therapy" means a health care scrvice invol'/ing the external
manfpulation or pressure of soft tissue (muscles, tendons, ligaments) for
therapeutic purposes. Massage therapy includes, but is not limited totheraov
technidlJe~<meansthe therapeutictouchinQ,. application oLr.:>ressure upon or
manir.:>ulatioA of the human body throuQh the skillful application of varied movements
of the hands and finders of the therapist ur.:>on the muscles and 6thefsoft tissues of
theextemal partso! thebodv, includinq effleurage, petrissage, tapotement,
tapping, compression, application of direct pressure, 'iibration, friction, ncrv'e
strokes, or mO'v'ement3 by manual or by electrical, mechanical or vibratory
apparatusfriction, vibration, rollinQ. oil rubs. salt Qlows. alcohol rubs. and the
rotation. circumduction. flexion and extension of the extremities. "MassaQe therapy
techniques:. also include hvdrotherapv. consistinQ of tub. shower or cabinet baths,
hot and cold packs, and adiunctive therapies. includinQ the use of electrical devices
such as heat lamps and vibrators which have been aoproved bv the American
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Massade'fJ::rherao\NAssoCiation: and:mettibdical oressure:i;AII'. massaOELtheraov
tecfinidties:~are't02be ap'plied~t(feXfe-mal o1:frtsof theiocXfy.oo(V.
B. "Massage therapist" means a person who has altendedoombleted!;!a'!icourse!'of
studvlta'sts't:recifieaineifein!i!imJ a recognized school of massage and has studied the
underlying principles of anatomy and physiology, the theory and practice of
massage therapy, including its indications and contraindications, and the
basic principles of hydrotherapy. A person represents himlherself as a
massage therapist when the person adopts or uses any title or description of
services that incorporates one or more of the follo-i.ing terms or
designations: massage practitioner, therapist, teehnician, massagist,
masseur, masseuse, therapeutic massage, massage technology,
myotherapist or myotherapy, touch therapist, massage therapy, colon
therapist/colonies, physiotherapist, or any derivation of those terms that
imply atmEfraov;!anoiwno!PFaGtfres!!1fi€l;l'aaministeifSfanvzoifiiaD massage technique
or method.fecni'iiauesidesct1tled'iftlmsl'aEticle!:fora!fee!oi#oonsiderationiof!anV!Kiiild
ii'iittie!itoWi11!ll
C. "Massage establishment" means a place of business wherein any of the methods
listed in subsection (2) aremassaoe';i!itneffaovDmfecnnidi.le!fWis administered or
practiced for compensation or from which is dispatched a person for administering
or practicing anVi!!massage therapyi'tecm'nidi.le, and indudes an establishment
providing baths and other forms of hydrotherapy, provided that the business of
providing sauna baths or shower facilities for patrons or customers shall not be
considered within this definition. A massage establishment must eomply with
building and safety codes, fire codes, and health codes as established by
rima Count). and the Town of Marana.
D. "Recognized school of massage"massaaelnefao\{: means an institution of learning
which teaches the theory, practice, application, and ethics of massage therapy,
Rolfinal:!anatomy and physiology, and basieor hydrotherapy. The institution must
offer a residential course of study and require no less than 500 hours of classroom
instruction and training, issue a certificate or diploma upon successful completion
of the course of study, and provide an official transcript. If located within the State
of Arizona, such an institution must be licensed by the State Board of Private
Technical and Business Schools.
E. "Attendant" means any employee who administers any of the services of a massage
establishment within the bath or massage rooms.
F. [Adopted by Ord. No. ~6.09]
Section 9-4 2
License Required"Rolfino" means a technioue developed bv Ida
P. Rolf. Ph.D.. as a system for inteoratino the human ohvsical
structure. which is a form of deeo connective tissue manioulation
and education based uoon the assumotion that the human body is
chanoeable.
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Section9~-2
License> reauired
A. It shall be unlawful for any person, association, firmifo;:oractiee or corporation to
operatea'aminisfer a~ massage establishmentt(feraoVi~~feeniiiQoe without first
obtaining and maintaining a massage establishmenttI:fEfjii!i'i3rst license as required
by this article.
B. It shall be unlawful for any person.associatibn.firr'mel7,furooralion to practice or
administer any subject or method of treatment listed in section 9-4 16perafe
i35masS'aaEr7iesfablisnmerit without first obtaining and maintaining a massage
therapistesfablishmem license as required by this article.;AlicenseJor~:tmassaqe
tliefapisttPfacticina 'alone\shalrsllffice'as :a:>Cbmbined?:theraoistfatld~estafjlishmeht
Iice'hse1fo1ltIiatfpe.rsoFiwfio~shaIIJconformFnis'<<ffiassadeZ;estal5rISnment1!foalt~tlie
reclOiremenfs'ofitliHfartiClet
C. It shall be unlawful for any person, association, firm or corporation to employ as a
massage therapist any person who does not hold a current unrevoked and
unsuspended massage therapist license as required by this article.
D. It shall be unlawful for any person, association, firm or corporation licensed as
provided in this article to operate under any name or conduct business under any
designation not specified in such license.
E. [Adopted by Ord. No. 96.09]
Section 9 4 3 License ExceptionsAlllicenses issued .purSuahtt6ifhis'artiele
shall beHlohtr~uisferableTexceDUhatfa'licenseef/mav"cnanae his
0[: her: location"as orovidea'nei'eili;
F. The':licel1se reaiJirea"t)V this 'seCtion snail bEfin'additi6h'lb'arW' otheflrrerises:~6r
oermitsreauired in order to emaaae inthe bUsiness or oecuoatibn. asapoliC8ble~"bv
eithei'.theii.town. .' the:irounfv'or 'the' state/andbersbns.;'enQagiricF jJilf(,activities
desdibed:bv this article shall comolv with all other ordinances'andlaws~nntludina
the "tbwn,.zoniria ordinance: as may be reauired tbenaaqein a"'btisiriess'~or
or6fessidn;
Section 9~-3
License..exceptions
No license shall be required under this article for:
A. Naturopaths, chiropractors, physical therapists, osteopathic physicians or medical
doctors who hold state licenses, nor shall the attendants working under the direct
supervision and in the same establishment as such excepted individuals be required
to hold a license under this article.
B. Persons employed as athletic trainers for any bona fide athlete or athletic team,
while acting within the scope of that employment.
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Section 9-4-4
[Adopted by Ord. No. 96.09]
CectioFl ~--4 4 AFlFlual Applications
A. [ael., IiccFlscc uFldcrAaministrafion~meenseJJeljfatioo~feesloljplieafe
f!\: T1fne::aamiiflisfffatieniJofilfnTs'iafticlewiincUloifiqim'e'lt1i1jmii:JoreseFiBin(lfoffi'Tis',i,isivestea
- inJ,:WeJf6wmicleFl<f,;exeeDWas)6tl:'iej:WiserspecifieallV'Jpm~aeeiti6"e'Cl:'iielrofiDolice);snall
renaeisilGfilassistanceiiiit6"e\JaamimistratiomaFi'CI'ienmrcemeifof,fniSlafticfe:!aSlmav
oelie€liifeaIB~lnei,f0WmeleW0Iflismlnermesiqnee;J!asii.10pFimE!
BW E1iicens.anoUeationsJlmaae!'!!DufSuanliifo this article shall apply for a license
annually by application cither by following thc procedure for an original
license, or by filing an affidawit stating that the information contained on their
most recent application is current true and correct. There shall be no
automatic rene.;/SI of thc license by the town clerk. Fees shall be required
upon original application and annually thereafter.
[Adopted by Ord. No. 96.09)
Section 9-4 5 Massage Establishment Licenses
A. Any person, association, firm or corporation desiring to obtain a massagc
establishment license shall applyBesuDmiftea to the town clerk, who shall
refer each such application to the chid of police for inyestigation of the
veracity of the information contained therein. Any corporation or firm
making application must do so through an agent who shall be a natural
person and meet the qualifications for licensure. An applicantna\le'itne
amnomtV';i,fol)issEleE:aen)t~jjrenewlof:"fe\loRejilicense~nlaccora~;;"nce%wimBtne
ot'ovisiossiiof;;itnrslafficle
OJ f!\IIBliceFis'eSfiissoeofporsoant,lfolltnisiafficlelsnalliibEffor;i!aVpefiooiof!oneif,1'I!!liiealenaar
veai7lan~~'snall)iiloe7fenewaBleitInaeri!(menefmsi!an'CIHironaitioiisl'PFoYiaeaii!nefein.
E1iiceiisesi!;iiiireffect1ionimeleffeeliie'aate1of,Jmis'iarticle!isfiall~De~fenewaole!iaiinuallv.
onellf!ii~iveanjfi"om!fheaate)ofiofiqinariissffe;ornFenewal~:asiiaDPlicaBlel
D: TnelitQwnrclerksnall...oeifesoonsiole"fofiffie'preoaratioiiand'iissUanceiof,;alrilicenses
issoeaiiipursuaiit'i'toimisi'iarticle~whicn;;iishalr?cantain;iairecent"pnotooraohiiiottne
licensee~
E f!\noiifefUnaaBle:noiiProrateafee in'lfie'amount of one hunarea aoUa'rsil$1DOmO)
shalhaccampahy'. each..... messaqe establishment 'lieense;6rrehewalapolieation
suomifteapUfsUant to.thisarticle.
F. Arionrefunaable. nonororatea fee in the amount of fiftV.d'ollars;f$SmOO) shall
accompan'1each messaae"theraoisflicenseor'. renewalapolieafionisubmiftea
pursUant tothis'article:
G.
Uoon reqUest ana the oayment of a ten-clollar fee. the town clerk shall' issue a
duolicatelieense to a licensee whose license has Been lost. stolen or aestroyea. A
licenseeaoplyina fora auolicate licensee iaentificafion cara shall also oroviae the
townclerkWith a oortrait photo. two f2)inches by two f2) inches in size. taken within
the orevious six fSl months. The town clerk shall coorainate with the police
deoartment. as necessary. to issue any auolicate license. A duolicate license shall
exoire on the exoiration aafe of the oriainallicense.
,,~'- .,
Marana Town Code
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RD _DOg. palO .J)aI3.dmn. wpd
rev,1999
Section, ,9-4-5
License application
AbersohalaoolvinQ for a massage establishmentor11i'nassaQetherabistlrlicense shall
submitbrovitfethe following'linfonnatioi'l:
A The full legal name and current residence address of the applicant;
8. Any otliieriiname~ by which the applicant has been known during the previous five
(5) years;
c: Thsitwd'(2)/residerleeiaddresses immediate(Vfpriorito\the present addresSl'otthe
aPDlfeant'.i{:andthe;dafes;6f,residei'lce;af"eath<'address~
9i eroQfime::aDoticanfis;eidhteen;i,~n'8)iveaifs:of#aqe:('etqt!itiinn,tetlificatewtifialuraJiZiation
papej:5;I)il!;residentlalieiii;caFG)~
E. The address at whichi:Uie applicant desires to do business~
4. Written proof that the applicant is o.'er the age of eighteen (18)
yearsciorilas:aopr6Driate~r;:tl:ie*nameSr;anaBaaaressesifof:;tneilmassaqe
facilitieslor:titJsinessfilocationSlian::Whicl:f&fhe:"aoolicant\Wlllitieiwoilii'lq;
F. The applicant!.:s height, weight,.'ana hair and eye color,
G. ATwCii{21 portrait pl:iotograph~, at Icast two (2) inches squarebvitWoi(2) inches in
size, taken within the previous six (6) months;
H. The DusinessiioccUoationiiiiiopWiemployment history of the applicant during the
previous five (5) years~
8. The business histol')' of the applicant, and whether the applicant has
had a businesseveribreviouslvoberafea'ii'lfthisiorai'lotherifOwn:itown/or
stateunaeralieerisearid.has':had!llsucli license revoked or suspended.
the reason therefor, and the business activity engaged in which was
subjectoroccupatiorisUbsequent to such suspension or revocation;
I. All f-elony and misdemcanor convictions of the applicant, excluding those for
civil traffic offenses, and the grounds for such con...ictionsAstafemehf
certifyincfthatthe applicant isa UnifedSfafescifizen ior.laWful1permanenfresident
alieni"orranalien who'is al1thorizeatoWotk'bvfhe.! United . States DeDatlmentof
Justics:ilmi'nioration..and Naturalization Service:
J. Complete.i informationteQardino whether or/hot theapplicantihaseverbeen
convicted in any iurisdiction6f a felonV', or any misdemeanor involvino fraud. theft.
dishonestY. assaultive conduct or rnoralturpitude... The applicant shall provide
specific information describino each conviction. includino where. when and in which
court or courts they were entered. the nature of the offense or offenses. and
dispositions;
K. The applicant's complete fingerprints, if needed by the police department;:
Marana Town Code
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L. The names and copies of all licenses of all employeesoersons to be employed
Byiicfheiaoplicant as massage therapistst
12. Such other identification and alonawith cooies'oftheirimassaoe
thetapistflicense5:~whereaDPIiCable~~ana i
M: Stich:,btnet information as trliav;:,oei'oeemea."bvj]ne 'toWn::clefkas reasonaBlv
necess8Imto'fuIW,evaluate:tIle:aoolicatibriS1,\1
Section. 9;4;.6
Backaf6linainvestidation;tifue:yotiisslfance
A.
]fhe police department may require in order to confirm the fads of the matters
abo"ie;
B:
13. Each application foi'Shall conduct a;DaCka'rc)l.indinvestidationiof~the
ap"PIicanfaii(f,:Shal";aaVi5Efthe;t6WA~clei'k '6fitoo;fin~dinQ~otfsucfi
inVeslidati6rllwithin:lffie~1perioo?aIl6weoitb tnErtdwrircrerk;to~rssuatar(fenv:a
Ilcehse1
Noi&Jrcen'se!f:::tbr;~theij:Operatioi'Lof a massage establishment license shall be
accompanied by a one hundred dollar ($199.90) fee. Such ke in each
instance shall be paid upon application for the license, and if for any reason
a license is not issued, such fee shall be dcemedissue(Fuiiless;van<:l1;until~the
towti'i'clerk:,receivesifiotice froii1the>16wn'o6Iice deoartmentthaUtlieapoliGanthas
fliIlycomoliedwith;alfi'realilremerits ofthisj~fftide'ari(fithEnowrfClerf<'tietermiiies;that
the;iaoolicant;irf'riof'ifilVialatiori"bf -anV4dfouffi:fs~f6r:;license%revocati6h~;rne'toWn
clerk:::shalrffi'aRe'Yeasonable'!effbrtsto'either:Yissuef'cff'den\) an application fee and
not returnable to the applicant
[Adopted by Ord. No. 96.99)
Section 9-4 6 Massage Therapist Licensewithin'thirtyf30}oaYS':Of its
comoleted s(jbmissidh~t6lhelbwn..tThef issUanre;6f arivlieense
shall ihhd way be oonstfuedas a waiver:ofanviftaht ofoenialor
revocation the'town mav'haveat the time 6f.:issuance.
Section: 9-4-7 MaSS3Qe ttlerapist Iicense:Yspecial'applicatioif:reatiirements
Any person desiring to obtain a massage therapist license shall apply to thc town clerk,
who shall refer each such application to the chief of police for in.."estigation of the
veracity ofordvide the information contained therein. A license for a solc massage
therapist practicing alone, shall suffice as a combined therapist/establishment
license for that person. A massage therapist application shall includc all of the
information required pursuant to section Saenerallvreauire'd16 obtainaYmassaae
license, and additionally:
A. A summary of the applicant's education, training and experience in the
administration and practice of the subjects and methods listed in
section 9 4 1 massaae therapy techniaues, including the applicant's diploma or
certificate, and an official transcript from a recognized school of massage;
B. A certificate from a health care provider stating that the applicant has, within thirty
(30) days immediately prior thereto, been examined and found to be free of any
contagious or communicable diseaset
Marana Town Code
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RD _C09,paIO JlaI3,dmn,wpd
rev, 1999
3. The application for a massage therapist license shall be
accompanied by a fifty dollar ($50.00) fee. Such fee in each
instancc shall be paid upon application for the license, and if for
any reason a license is not issued, such fee shall be deemed an
application fee and not returnable to the applicant.
[Adopted by Ord. No. ~6.09)
Section 9 4 7 License Application In,,'estigation
Any applicant for a license pursuant to these pro\'isions shall present the
application containing the required information to the to'....n clerk. The police
department shall ha"ie a reasonable time in which to investigate the '..eracity of
the information on the application. The police department shall report the
findings of such in'iestigation to the tov.'n clerk.
[Adopted by Ord. No. 96.09]
Section 9 4 8 License; Special Requirements~
Sectroii1111i9~m Messaaellesta6Iisnmeiitl'lrcense:~,SDecial:faDPUcation
reaUirements
A. No massage establishment license shall be issued or renewed unless inspection
by the to'.".'n building inspector or hisl'her designee indicates the site ofthetfie
aOalicaD'tilreGtifiesfiffiafilU'fe!iSife11oflitlJie;;Oi'GfD0SeCiiiot\1'existifi'o'massaoe establishment
complies with each of the following minimum requirements:
1. Compliance with all applicable state, county, and town laws;ilifi'clEidifiui:all
arrplreaDJe;ifii:'e~anailDtlilaifiQ;i)eooeslano;zonrfiqrGfi'Cfinancas;
2. Adequate equipment shall be provided for disinfecting and sterilizing
instruments used in administering or practicing any of the subjects or
methods of treatment listed in section 9-4 1 massaqeitlJierap~iteelJinioUe;
3. Hot and cold running water, tempered by means of a mixing valve faucet,
shall be provided at all times;
4. Closed cabinets shall be provided, and used, for the storage of clean linens;
5. Adequate dressing and toilet facilities shall be provided for patrons. One
dressing room (may be the same as the massage treatment room), one
toilet and one wash basin shall be provided by every massage
establishment with one (1) to three (3) treatment rooms. Another toilet and
wash basin must be provided when there are four (4) or more treatment
rooms in an establishment. 'Each dressinul'bbm/treatnientl'bbni shall
contaifia locker foreach patron to beserved;Which lockershallbecapable
of beinu locked.' Ifboth male and female patrbns are to besiniultaneouslv
or. consecutivelv served. a separate dressinofacilitv shall' be proVided for
male and female patrons:
6.
A minimum of one (1) shower or tub shall be provided for any establishment
offering colon therapy, colonies or any hydrotherapy services such as
whirlpool baths, saunas, steam baths, herbal wraps, etc. Each dressing
room/treatment room shall contain a locker for each patron to be
served, which locker shall be capable of being locked;,;",
<.rr_
Marana Town Code
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rev. 1999
7. All showers, bathtubs, steam rooms, toilets and wash basins shall be
thoroughly cleaned each day business is in operation andmaIEifaiieoifin
good repair and maintained in a clean and sanitary condition. SWhere
provioeo~;*shower compartments and bathtubs, where pro'iided, shall be
thoroughly cleaned after each use;~
8. Clean and sanitary sheets and towels shall be provided for each patron of
the establishment. The head rest of each table shall be provided with a
clean and sanitary covering for each patron;ifai€t
9. A hand wash basin shall be provided in each treatment room providing colon
therapy, colonies, or hydrotherapy services such as whirlpool baths, saunas,
steam baths, or herbal wraps.
B. In the event that a massage establishment is located in a private residence, the
following additional requirements must be met:
1. ATheimessaqeiitfeatmentiifoomimtisffconsist:aia separate room that is not
used as a living space must be prCY;ided;
2. Only one massage treatment room within a residence is permitted;
3. Toilet and wash basin facilities shall be located on the same floor as the
massage treatment room and shall be easily accessible to the massage
treatment roorrr.;lani:l
4. A massage establishment shall be separated from the residence by
complete partitioning and doors0lfld
5. All other guidelines outlined in this seetion shall be complied '..vith.
[Adopted by Ord. No. 96.09]
Section 9-4-9 Display of l:!icense
Every person, association, firm or corporation to whom a license has been granted shall
display the license in a conspicuous place upon the business premises. If the license has
been granted to a person, a recent photograph of the licensee shall be attached to
the license. The to';,;n building inspector or his designee may inspect all places of
business subject to the provisions of this article, and shall report all',iolations to the
town clerk.
[Adopted by Ord. No. 96.09]
Section 9-4 10 License: Prerequisites to Issuance
No license for the operation of a massage establishment shall be issued by the
town clerk or his/her authorized agent unless and until he/she has received notice
from the chief of police and the town building inspector or their designees that
the applicant has fully complied with the requirements of this article and has
determined that the applicant is not in breach of any of the grounds for re'/ocation
of scction 9-4 11.
[Adopted by Ord. No. 96.09]
Section 9 4 11 License Revocation
Marana Town Code
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RD _ 009. paiD -paI3.dmn.wpd
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Section.9-440
License revocation. suspension ahodenial
A. The license of a massage therapist or of a massage establishment may be revoked,
suspended or denied by the town clerk upon anyone (1) or more of the following
grounds:
1. The licensee is guilty of fraud in conducting the business of massage
therapist or massage establishment, or of fraud or deceit in obtaining a
license to conduct such business;
2. The licensee has been convicted within the last five (5) years in a court of
competent jurisdiction of a felony or of any offense involving moral
turpitud~1
3. The licensee is guilty of untrue, fraudulent, misleading or deceptive
advertising;
4. The licensee is guilty of willful negligence in the business of massage
therapy;
5. The licensee is engaged in the business of massage therapy or massage
therapy establishment under a false or assumed name, or is impersonating
another practitioner;
6. The licensee has engaged in the unlawful practice of any of the healing arts
subject to Arizona state licensing, except massage as defined in this articl~!
oj;
7. The licensee has violated any other the provisions of this article.
B. A licensee whose license is revoked or suspended may request a hearing as
provided in sections 9-1-11 and 9-1-12.
[Adopted by Ord. No. 96.09]
Scction 9 4 12 Change of Location or Employment..:
Sectioh";i9-4::11: ApDlicatiohafter. denial or revocation of . license
Nopersoril:assoCiation. firm or corporation mclVapplyfor ari'lmassaae establishrnentor
massaqelherabistlicense Within 6rie (1) 'lear-from the denial 6fahv such licehse to such
abblicaheU6tfr"om:the nonrehewal 6I"revocati6ri6f.anysuch.:liceriseJ'Uriless:thecause6f
suchdeniaEsusberisiori. revocation ornonrenewal hasbeeriJtothesatisfacti6hof the town
clerk, removed within: such time.
Section 9-4-12
License renewal
A. Licenses issued or renewed pursuant to this article shall be renewed annually bv
submittino the followino to the town clerk. accompanied by the fee or fees reQuired
bv this article:
<~,-
Marana Town Code
22
RD _009.paIO -paIJ.dmn.wpd
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1.
A letter of intenUrom the licensee reauestinathat thelicense betenewed.
accompanied' bv"a renewalfee in-the amountreouiret:l bv:tliis"articre:
2.
Two"(2) bor1raifpliofbgraphs;'lwo (2Hnches:oVitwb (2Hriches insizeK'taken
witliirt.the'six"(6) 'months::breviotis td:the application;fbrrenewal:
3.
Complete information reaardirio;whetneii6fn6Uheaoplicantfbrl'enewar has
beenz:conviCtediwiU'iin?,the~twOl(2'J;teailpfmetl!lmmetfiatelv;Drecedino..the
aoolication1e~forwreneWal:~inC4:anVii$r(jri5arCtfon.\o~felonV;.iafiv1,;misaemeaiiGr
invblvitfQ~'ffaud~theft';fdishohestfl~rassaultive!cogClucflotrmoral'1ttlfPimCiefor
ah~vroratidntof>this?afticfet~"Fherapblicant;'shalipfavrdtefSDecifiCtfftfc)rmabon
des'cribinci eachooh~icliori()t~violatfofi!frricltidiriaiwhete~~WheM:afi'dJiUNtli€h
cduttz'Of rot.iftSttie1CbnviCti6ns:weterenteted~'and thernatiIte:6fittie'bffEffiSes
orviOlations=
B. Applicati6ns:fbr licelisereiiewatshalloEffited with thEi]bWh c1erkhotlatet;thanthirty
(30) 'days;plibr to.tt1e'expirati()h'rofmle;:licenseJcfjlTent~;inteffect!~1Xnf:abblicatiOfillifbr
a..license'lfenewal <snan:not1'l)e~acce't)reCl:affeBtfile'exoitationLdate~of~ttfe:licehse~$ln
theievehMnafra ~license~expires$Witt1otiUmelncen5eetHavinqzsaDmitfelilaitiitfelv
aooliCation:fb'f'reneWar:%thenbldeLof:tne!exDifeCf litens~'m1:Jst;flre~aTneWaoolicati0n
fopinitfarlicenseahd;shalf1C0morvWith'al~reauifementSptovioERrhereififdf,'ootaiilioo
an initial 'liCense.'
Section:9~::;13
ChanQe of location or;;empI6vment
A. A massage establishment licensee must notify the town clerk ifiWtitiho\within fifteen
(15) days of any change in location of either his or her massage establishment, or
any change of massage therapists operating from that location. Any change must
be approved by the town clerk or his or her designee to verify that all'applicable
ordinances and regulations of the town are complied with. "t"FheiitbWricletkisliall
abbl"ovecnanoes.....uhoer..sucli.Circumstairices}
B. A massage therapist licensee must notify the town clerk inWtitinaWithin fifteen (15)
days of any change in his or her place of employment, or place of dispatch for
massage therapy services.
C. [Adopted by Ord. No. 96.09]The boeratofofeachmassaqeestablishmentsnaill
keeoand maintain an' up-to-date reqister6f all emploveesineludiridthef6110wiriq:
eachemol6vee's name. address, aae;'sex;dtities arid sutli6therinforl1lati6hasthe
towhelerkmav reasonablvrequire. The operatbrof a massaae establishment mUst
notifV;theit6wn clerk inWritinq withinfifteeh~(15)davs'.' 6fhirihd anymassaqe
therapist or attendant.
Section 9-4-14
Sale, transfer or expansion
A. Upon the sale or transfer of a substantial interest in a massage establishment, the
license therefor shall be null and void, unless the transaction was approved in
advance by the town clerk, under the application procedures 8S outlined in
section 9 4 Sof this article. A new application shall be made by any person,
association, firm or corporation desiring to own or operate tne establisnment.
Marana Town Code
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B. Any such sale or transfer of any interest in an existing massage establishment, or
any enlargement or expansion of the place of business of a massage establishment,
shall require inspeetiofta&1iiine:iM;~cemification :rUnae~.ilandif(j1l compliance with
section 9-4-8.
[Adopted by Ord. No. 96.99]
Seetioft 9414 Register of Employees; Notiee of New Attendant
The operator of eaeh massage establishment shall keep aftd maintaift aft up to
date register of all employees ineludiftg the follm'fiftg; the employee's name,
his,'her address, age, sex, duties and sueh other informatioft as the to.....ft elerk
may reasoftably require. UpOft hiring any attendant, the operator shall
immediately notify the to'iv.ft elerk in writiftg aftd shall iftelude ift sueh notiee the
same informatioft required to be ift the register.
[Adopted by Ord. No. 96.99]~
Section 9-4-15 Prohibition of G~ertain S!ervices and G!!perations
No massage establishmentorimassaaetherapistishall:
A. Allow treatment of multiple persons in the same room at the same time.
B. Provide to any person, at any time, services which may be reasonably considered
to be clearly dangerous to health or safety.
C. Remain open or provide services, at any time between the hours of 12:00 midnight
and 6:00 a.m.
Section 9-4-16
[Adopted by Ord. No. 96.99)lnsbection
A. Thetown5uildino inspectofor his or herdesidnee shall reQulanv ihsoectall places
of busin"SSs"subiectto the'provisioris 'bUhis article. and shallrep6nall viOlations to
theitown clerk:
B. Noinsoectorshall enter the room or immediate aiJartersin which a person of the
oppositEfsex'to the inspector is uriaeraoindtreatment ofreceivina services.
Section 9-4-17
Applicability of Rregulations to ~xisting B~usinesses
The provisions of this article shall apply to all activities regulated by this article, and such
persons and businesses described herein, whether such activities were commenced before
or after the effective date of this article. eXC8ptthat persons holdino valid massaoe
establishment licenses onthe effective dateef thisiarticle shall not be reouiredtofile a
certificatienefcemoliance as provided in this article. but shall be reouired to do so upon
apolication fora renewal license in the eventthat the license expires. or upon a chanoe in
location pursuanno the reouirementsof this article.
[Adopted by Ord. No. 96.09]
Marana Town Code
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Article 9-5 CLOTHING AND CONDUCT FOR QUALIFIED ESTABLISHMENTS
Section 9-5-1
Definitions
In this article, unless the context otherwise requires, the following words and phrases shall
be construed as follows:
A "Entertainer" means any person who performs any dance, show, exhibition, or
performance for any number of persons. The entertainer need not receive
compensation from any source to be covered under this article.
B. "Employee" means any employee, independent contractor, agent, consultant, or
other like person.
C. "Opaque" means not allowing any light to pass through; not transparent, semi-
transparent, or translucent.
D. "Premises" means lahd witliitsaDPunenatJ'ces'andstrUctures tti^erebn asweU:as
anvottler probertv adf6iriiliaatie^ lanathanhe aualifiedesfablishmerlt\usestor alldws
to be :(jsedfor'cits benefrf.
E. "Qualified Establishment" means any restaurant, nightclub, bar, tavern, taproom,
theater or private, fraternal, social, golf, or country club, or any place that holds a
valid Arizona liquor license, which serves spirituous liquors as defined by Arizona
Revised Statutes title--']t4, chapter-'J1, articl~]t1 (A.R.S. ~4-101 et-jf.seqi::). This
includes the entire premises owned, leased, or otherwise occupied -by such
establishment, whether the liquor license extends to that portion of the premises or
not.
[Adopted by Ord. No. 96.09]
Section 9-5-2
Purpose
The purpose of this article is to:
A Provide for the clothing requirements of entertainers, employees serving spirituous
liquors, and other employees in qualified establishments that serve spirituous
liquors as defined by Arizona Revised Statutes title-_4, chapter-~1, article-i1 (AR.S.
~4-101 ef-=seq.); - - -
B. Provide for conduct requirements of entertainers, employees serving spirituous
liquors, employees, patrons, and operators in qualified establishments;
C. Provide for requirements of employment for entertainers, employees serving
spirituous liquors, and employees in qualified establishments;
D. Provide for penalties, to be enforced by the l-!own of Marana, for anyone violating
the provisions of this article;
Marana Town Code
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RD _ OOg.palO J)aI3.dmn .wpd
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E. Regulate the conduct and dress of entertainers, employees serving spirituous
liquors, and other employees in qualified establishments so as to encourage public
health, morals, and safety.
[Adopted by Ord. No. 96.09]
Section 9-5-3
Clothing R~equirements for Fjemale ~ntertainers and
~mployees ~erving S~pirituous t!iquors in Qgualified
~stablishmerrts; PRenalty - -
Any female entertaining or performing any dance, show, exhibition, or performance, Mamd
any female serving spirituous liquors as defined by A.R.S. titlei4, chapter-J1, article-'~1, as
amended, or any female employee, in a qualified establishment, who appears clothed,
costumed, unclothed, or uncostumedshall;;i;iooear in such a manner that any portion of the
nipple and the areola (the more darkly pigmented portion of the breast encircling the nipple)
is notivisible and notis firmly covered by a fully opaque material, which does not resemble
or simulate the actual appearance of an areola and/or nipple, is guilt)' of a elass 1
m isdemeanorz\;jf$Joroerson'jiTiaVJKiii'owinaIVlrotiCfuct$maltitainJ!ownlma'maoe~amalor!0oerafe
anVlooalifieCfJ:estaDnshmenRwnereJianvi5eFS00l\is~inf';Violatiomroifnislsection.
[Adopted by Ord. No. 96.09]
Section 9-5-4
Clothing R.tequirements for A~II ~ntertainers, ~mployees
~erving S~pirituous t!iquor,andE!mployees, in Qgualified
~stablishments; PRenalty - -
Any person entertaining or performing any dance, show, exhibition, or performance, Mamd
any person serving spirituous liquors as defined by A.R.S. title-24, chapter-J, article-l1, as
amended, in a qualified establishment, who appears clothed~ costumed~ unclothed, or
uncostumedi!snaU'Jaooear in such a manner that the lower portion of his or her torso,
consisting of the genitals, pubic hair, or anal cleft or buttocks, is not-covereCf by a fully
opaque material Mamd is mot so thinly covered as to appear uncovered, is guilty of a elass
1 misdemeanorDf!&N'Or persom'maY'kmowinOIY'oonduc:t.maimtain"..Owm,' manaoe;\ amdlor
bberateamY'oUalifiedestaDlishmeflf whereamYoersbfl'is in. Viblationbf thissec:tion.
[Adopted by Ord. No. 96.09]
Section 9-5-5
Operation of Qualified Establishments in Violation of
Clothing Requirements
A. A per30n 'vvho I<no'wingly conduct3, maintains, owns, managc3, and/or operatc3
aftYScreeninq requirements: operation of qualified c3tablishment .....here any
per30n isestablishments in violation of the provisions of this article, i3 guilty of a
cla3s 1 mi3demeanor.screeninq requirements
If any entertainer, employee serving spirituous liquors, employee, owner, operator,
manager, or patron in a qualified establishment is able to view, either on or off the premises
of the qualified establishment, any person who would be in violation of this article if that
person were on the premises of a qualified establishment, the viewinq person shall
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effectively screen such:1vfelatInq person or persons from view. ArNe person whomav
knowingly conducts, maintains, owns, manages, and/or operates- any qualified
establishment where any person is in violation of this section is guilty of a class 1
misdemeanor.
[Adopted by Ord. No. 96.09]
Section 9-5-6
Prohibited A~cts
The following acts are prohibited by entertainers, employees serving spirituous liquors,
employees, owners, operators, managers, and patrons, in qualified establishments:
A. No emple'le~e':\\ientemiineifi{en1jersonjitii)ii\,)theiljremisesi1;Eifaiilq(ijalifielleslatllislment
shallliwea[jilofj~iuselran~lliaevise\lrroi71jlmllei'irnClI~xp6selJJiltel))ivleWilfS'[l'lllimajlicensee,
operator, manager, or owner of a qualified establishment shall permit, on the
licensed premises, any employee, entertainer, or person to wear or use any devise
or covering exposed to view, which simulates the breast, genitals, anus, pubic hair
or any private portion thereof.
B. No bersorEon 6r5Jisitile'frem tne\preffiisesofa'dCfalifiedestablishment shaltpefform.
anchho"licensee, operator, manager, or owner of a qualified establishment shall
permit, on the licensed premises7"dnlffomTanviI5cati6n'visiblelo]he,premiseS'OfTa
Qualified establishment, any person to perform acts of or acts which constitute or
simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation,
flagellation, or any sexual acts which are prohibited by law;
2. The touching, caressing or fondling of the breast, buttocks, anus or genitals.
B. Any violation of this section by a party, regardless of knowledge of the
',;iolation, shall be a elass 1 misdemeanor.
[Adopted by Ord. No. 96.09]
Restrictions on ~mployment of ~ntertainers
A. No entertainer under the age of eighteen (18) years shall be employed in a qualified
establishment. All entertainers employed at a qualified establishment must provide
the following to the employer to be kept on permanent file-;-~
Section 9-5-7
1. Valid Arizona driver's license or state 10 card,,;, and,
2. A certified copy of the entertainer's birth certificate.
B. Failure to have and keep these documents on file at the qualified
cstablishment by tlhe operator, manager, or owner, shall be a class 1
misdemeanor. ofthe aualified establishment shall have and keep on file the
docllmentsfeauired bv this section.
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[Adopted by Ord. No. 96.09]
Article 9-6 ADULT ENTERTAINMENT (Rese.....ed)
[Adopted by Ord. No. ~6.09]
SE)(l1l~LLMi,()RIENwEE.)t;Bl1lSINESSES
Sectionig~6~t1 Purpose
It isttie purooseof this artitleto rectulatesexuallV.oriented businesses and relateocactivities
to, ,promotEfith'e~:healttT. 'safetY ~"moral~;;;)and'aener'alcwelfare::of ,the:'citizensJOfttie;l(jwo;1'bf
Maranai"ano't65establish'reasbnablert8oo'l'uiiifOnn reaulati6ns:to pr'event::tfle:d@lefenous
10catioo'andfconcenfration'of'sexuallvJoriei'ifembtisiriesseswithin theirbwn't:4ffiEfOw"lsions
of:thiSTarticre:'have!;neithe~. th'e'pUt'P65efnbeeffecr'6f:imposrna;a}liffiifafi6flYor.'restticti6fi~on
the conteiif!of'an\i;rommunicaliv&matenals~rooUJdfna<s'extiallV:orteiited'matenalslSimilmw.
it is. n6tthe.Inte'nt:'nof:effect:foUhis;atticle';r6rtestiictrbr'oenv:access:bv:aCfUltSi-;fovsexuallv
oriehted:ffiateiials'pr6tecteCf'15~tfie EirSEJ\riiei'mffieht:dr' to'aeiivaccess'bv~thediSttibatofs
arid exhibitorsiot:sexuallvoi'ienfe1fi8iiterfainmenUcftheir iritendeo'ffiarketJNeithen;is0i~me
intent noreffecFof thfs'articlefo)cond6ne:brleclitimize'the distfibOtiori'bfbbscene~aternats"
Section;g;'6;'2
Definitions
~;
"~dult arcade..means;ahv place to which the ,public, is permitted oi\ihvitea.:wherein
coin.:.operated;br . SIUa-<>PEfrated;, ot''::efectronicallv :;::electricallv;';~orJ&'mecnariicallv
tofitrolleo:fstill6rmotioh'Pictufe' maCfjiries~?i5roiettors;0br6tti'er :imaQe~pfooucinct
devices?aref maintaineato stiow~if1iaijes&t(HiVEf6r:fewerpersons per';macnine~at:anv
onetiffie~'and where)ttie:imaQes;sb'0i5Dlavedcare'distiIiQUisnedbrcnara~enzedlfiv
the"C!eoictinQ or describiriq':of'soecifiedisexualactivitiesor"soeCiffed ;;~rnatom1Ca1
areas.
,,,,,,,..,.,,~
B. "~dultbookstore." "adult novelty store" or "adult video store" means a commercial
establishment that.' reoardless of anv.(jther pur'ooses it may have;ahd asone6f;its
principal business purposes. offers tarSale orrental for any form of consideratibn
any one or more of the followino:
1" Bboks. maaaiiries.oeliodicals brother printedmatter.bfbhbtoaraphs.
filffis. > motion pictures. ',videocassettes or 'tideo reproductioriSj,slides.:or
othefvisual representations that . depict or : describe specified sexUal
activities orspecified anatomical areas: or
2. Instruments. ,..devices. .. or paraphernalia that are desioned for ..... use in
connection with specified sexual activities.
c. "~dult cabaret" means a niohtclub. bar. restaurant. or similar commercial
establishment that reoularlv features:
1. Persons who appear in a state of nudity or semi-nudity:
2. Live performances that are characterized bv the exposure of specified
anatomical areas or bv specified sexual activities:
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3. Films. motion pictures. videocassettes. slides. or' other~ photooraphic
reproductioris,';thatarecharacterizea,: bv 'the>debiction,orY,:oescription "of
specifiedsexualCactivities'( o(sbecifieefi!anatomical?areas:.or
4. Persons who enoaoe in eroticda'ncincfor performances that'are intended for
the sexuaF:interesis, onitillatidh~of,ah:aUdielice orrcUstonierS~
D. "Ad(jltmotel'~:means:atiotel!tmoterotj,similat;Comme'rciaFestablisnmenUhat: ·
1: Offers acrommooatiohAotfie1:[HJolicJor..anWif6rm:rofuctmsiaeration arid
provides ,pattol1s7WitWclosed-:circUitterevisiOfFffansmjssionsifilms;~motion
pictures;" videovcassettes. slides~~6r:;6ther bhotodraphicifeorooucti6ns,that
are'1fcnaracterize(tvl5v.;\the<dePictiQn:;;;ot\~:desCfiDti(jfil'Ofl'soocifiea:~sexUal
activities:ot~$pecifiedt. anat6mical;t~i'Fet:fs::,;'a'iid;;fiaSl:a'JsiQn'%viSiDrafrdi'il'!lthe
public'" riQhtr6f~.wav\that tadveftises;"the"avallaBilitV5fofithiS1adtllt:;:tVoe;1'of
photoo rapllfcifEnjrOdtictioris:; 61i
2: Offer5<asleeoiriQ. rbomforrent for~~Ojeiiod 'oftimetnaris:les~tliatf;twenty-
fou({24)hoUrsi'rbf
3. AlloWs:a tenant'br:'accuPant:ofa'sleeoiridtoomto*sUbrehUhEf:foom ~for a
period :bUimefthat;,is]ess thatftwenty::'fout : (24)Chol.1fS::
E. "Adult moti6ri\:bictUre theater". means a, commerciaLestablistimetifwhere; .fottany
formtofJc6nside'ration:<films'fJ'moti6il:;jjictUres~qvioeok1cassettes:'.slioes:' or similar
photooraphic4tteoroolicti6ils.. are',. reolJlatlv:1shbwri~:ttiat!i:fte!Characteiizeo'1Dv''?;,the
debicti6tFottlescribtidfibfspeCifieo, sex(jal,activities~6fspecifieo a[fatomical~fteas.
F. "Adultttheater"'means.'aAheater. 'c6nceft:hall.'auoit6iium[Zhr similar commercial
establishmehtthat teQularly featl..lrespersohsmho 'apoeaf:dn person. iri a state of
nuClitV."arid/oYsemi-'liuditV.. and/or Iive'.betf6rmaricestthaliare,charaCterizeo'bv the
exposure of spedfie'oj~;mat6mical areas/Or bvspeCifie1:f:seXUalY'acti\jities]
G. "AdLlltvendihQ machine" means any mechanical device that:reoardless of any other
purposes it may have. publicly 'dispenses for anvformorcorisideratioriany one of
the followino:
1. BoOks.' maoazines." periodicals or' other' printed matter. 'bFPhotoQraphs.
films. 'motion pictures. ,', video cassettes or video" reproductions. slides. or
other visual representations that" dePict of describe ' soecifiedsexual
activities or specified anatomical areas: or
2. Instruments. devices. or paraphernalia that are desioned for use in
connection with specified sexual activities.
H.
"Employee" means a person who performs any service on the premises of a
sexually oriented business on a full time. part time. contract basis. or independent
basis. 'whether or' not the person is denominated an emoloyee. independent
contractor. aaent. or otherwise. and whether or not the said person is paid a salarv.
waoe. commission or other compensation by the operator of said business. A
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person. exclusiveIY6n:the: premises" for repair:oe maintenance ofthe;premises or
eouiDment,'bi'fthepremises~".0t'fofthEHjeliveNofuo6asto; the3Dremises~as well as
a 'person:exch.JsiveIWbifttie:'cremises;as a Patron' orrcostomerih"n6t;ahemplov'ee
within'ftne.meafiiho\6f~thrSf~:J'iticle:
h "Escort!','fuea'ns abersbnwhb.for pecuniarvor otherrolisideratioli;aatees'or offers
to'att:.aS;:~~7cbmparii6n1"(iuide;<'or*date~fdF;anotnei7bersoli;"or':wh6'aareeg;of6ffers
to privafer\ft'modellinQen&ut;tbbfivatelv~peifdrri1:a~'stnDtease'for aootner oerson;
!~EsCbrt}aoencv'~:means'aioorson'or~bLisinessassbciatiohWho fulJiisl1es; offers to
fUrnisnfl9f:;3o\ieftiseSlfofumishiescoiisas:brie:df;its'onmaN t5tisitfes5DuitiOSes for
a.fee;;'ip~orl'Qtrrertorisiaeratioh~
K. '~EstablishrneriV~'means'arid: includes an" of,theffollowino: ,
1; Theopeninoofrommencement of anv' sexually oriented business asa new
Dt:Isiness~
2. ;fhe:'cOnversion ~of~an.existinQ"businessi" whether or n'ata ~sexuatlv oriented
btlsihess;'t6:;ahv:'sextJall",;briented . business:
3: The aatlitiorfbfanv'sexucillvbriented businessfo anvother eXistina sexuallv
6"nenteo' blisines~~
4. The ref6cation.of any'sexLially.oriented busineSs: or
5. A sexuallv orientecl, bUsiness 01' premises on which the sexually oriented
business islocatea:
L. "Licensee"!.means a person in whose name a license has been issued. as well as
the 'individual listed as an applicant on theapplicatidhfor a license:
M. "Nude modekstudio",rneans any place where a person who appears in a state of
nuditvbr':displaVs specified anatomical areas is provided to be obSerVed. sketched.
drawn:bainted:;sculptured. photooraphed.or similarlYdebicted bY otheroersonsfor
consideralibn.
N. "Nudiw"bfa"statebf nuditv" means the appearance of ahumari bare buttock.
anUs. anal' cleft OrcleavaQe. bubicarea. maleaenitals. fernale oenitals. orvulva.
with'less than a fullyobadue '. coverina: or a female breast with' less than a Jullv
obadueooverina of any part ofthe nipple:br human male oenitalsina discerniblv
tOtaidstateeven if completelv and opaauelv covered.
O. "Person" means an individual. proprietorship. partnership. corporation. association.
or other leaal entitv.
P. "Premises" means the real property upon which the sexually oriented business is
located. and all appurtenances thereto and buildinasthereon. includinQ. but not
limited to. the sexuallv oriented business. the arounds. private walkwavs. and
parkina lots and/or parkino oaraaes adiacent thereto. under the ownership. control.
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or supervision of the licensee:' as described in the application for a business license
pursuanttd this article';
Q. "PrinCipal bu'sinesK'puroose", means'anv business or\part of a business:
1. Involvinq>thirtv'. percenL(30%) . or . more ,'ofjz,the 'inventory. stock. or
merchahdise;ohhand attanv time of the\business: :
2. AccbUritinq:f6rHhirtVioercent(30% )ormore offfiebusiness's oross' income
for, any orie'caTenaa'f'montti;"or
3. Occupyino'~adisplaV. area.,thaMs:qreater jhanor, equal;;to. thirty percent
(30%)f6f thelltbtal1lfloor. ffierchanaiseHlisolavla'rea 'of. the;'busiriess/::;,For
purposes,,' of'caICOlatintt4helifotal.ifloor;;:aisofaWiareat&;'bf;;ia;:1J:)u'siriessJ~ho
calculation)shalt: itt't1ude:farea.'lsefVinQ:!as"'a~stOCk1robm" or, '6thet,",sir'nilat
purpose..
R. "Sctiool....:;means 'alchildcare facility;licerisea ,;'purSuant, to "the' Arizoria~Revised
Statt.ites;'title36.'cHaPter 7i'1i'brar}\f;'oOblicorprivateJilStitutibh 'esfablishedfdr the
puroosesofofferintl\insttUttion7!tO: DUOng' inproarari1s~for preschool,; children' with
disaBilities;%"KihderQanen':orodfar'nsle[;;0arW:'oombination 'of:qradesw6he'throuoh
twelve:
','S~" .'. "Semi~fiuae'~ or ~.'semi;;nuditv"'.ffieans:the'appearance,oUhe female breast below a
fi'onzohtanmefatross~th~ftol5' ofthe~areolaat its:.hiohestbbiht"This' defihitionshall
iricltiae.thEf;'"entirEfloweF;: ooffian:of the:nffman;femal~rfjreastsy,~l:mt'sna"i16tiriCl(Jde
anvfpoltiolt:'Of;'theiiCIeavaae'7of,.;the'humai'f"feniale'~Dteasts;,~exhiJjitecPbWa'.'dress.
blo(Jse~skirt:lebtardi;oathinQsUit;'(jj':,;6tfier;Weannq :aol:5arel providea:the ,areola is
not'exposea in wnole.br iri'pare:
T. '''Sexuarehcounter center" means a business or commercial enterprise that. as one
of its' principal business purposes. offers for any form of cOnsideration for:
., 1. Physical contact inthefortn of wrestlino ot.tt.imblirio between ahYtwo
persons of the opposite sex whenone:(1) or'moreofthe oersonsis in a
state of nudity or semi-nudity: or
'. ,. . 2. Activities between male and female persons and/orpersons of the same sex
when one or more of the persons is in a state of nudity or semi':huditv.
U. "Sexuallv oriented business" means an adult arcade. adult vendinomachine. adult
bookstore. adult noveltv store or adult video store. adult cabaret. adult motel. adult
motion picture theater. adult theater. escort aqencv. nude model studio. adult
noveltv store or sexual encounter center.
V. "Specified anatomical area" means:
1. The human male oenitals in a discernibly turoid state, even if fully and
opaquelv covered: or
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. 2. Less than completelv and opaauely covered humariaenitals;c,pubic reaion.
buttocks. or afemale.breast beloW8point immediatellj;abOVEHhe top of the
areola.
, W. "Specified criminal activitynmeans anvofthe foll6wina offenses:
:!;.1.,,/:;t er'ostituti6n'or: promotion' ofpr6stituti6n;: dissemihation: of.'oDseenitv; sale.
distriblition;"'6&disblaVtof narmfijl:materialtO'~rmiff6r:.'sexua"De[formance bv
a"child;ltpossessi6n,!o"Tdistfioetioh;1o'f:;child;;pomoQrafifiWirotmliclewatiess;
ihdecent' exodsure:~itidecericvi:Witn;a'chiJd;TseXilalaSsaUlt;m9resfatibhofa
cnild: . or anv"isex"'relatedbffensesEsimilar<4o'lhose':tfdesCl'iDea;;unaerAJthe
criminal:code'of:Ariz6na. other;states;?iorothen'Cbunlnes:,;
2;. " i,,:For which: '
" . ..... ::;.;i?~:' "",Lessthan'five (5) years haveelabsedsince thedate:6fconviction or
the''cfale' 6p'feleasedrom 'corifine'menfimposeEfwfdrt1f1etfconvicfi6n.
whicheve(is:lffe later::aate~Jimhe~;Convicti6llh'ifS'fQf!~Emjsdemeanor
offense:
'" it' ',:;iLess than teh'(1Q) vearshaveielapsed sinceitn8!'dafe'?of;'Cbhviction
or' theaatebfrelease'ff6m 'tbnfiriement:iffiboseaJdt5:ttieCbnvicti6h.
whicnever isthe'later date;'ifthecohvictidn:is'bf'afelonv;offerise: or
Hi. ... .l~ess than ten (10) 'years'haVe elabsedfsin~ce'ithe';'darebfthe 'Iast
conviction brihe date ofreleasefrc5mconfiriemenfamoosedfor the
last rorivictiorf.!'whichever is.the~ later;(jate~if;tn'e!-ronl1ictionsw are of
two or fn6re'misdemearibr~()ffense~fbrroffibinatibn()t,mfsdemeanor
offenses oCCumnC1 Withiffany:twehtY:four' (24Hnc5fiftfpenod;
3.' . The fact that a conviction is beiriaaPIJealedshallhave'hdeffect:on the
disaualification of th'eapplieant orapersbh resiainq'With theabplicant.
X. ' ,"Specified sexual activities" means and includes anvof the followinq: .
1, Thefondlinaor other erotictouchina', bfhumanqeniti3ls:'pl..lbicreaion.
buttocks. anus:or female breasts. whether covered oruhcovered:
2. Sex acts. normal or perverted. actual or simulated. includinq intercourse.
oral copulation. or sodomy:
3. Masturbation. actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set
forth in fA} throuah (C) above.
Y. "Substantial enlaraement" of a sexuallv oriented business means the increase in
floor area occupied bv the business by more than twenty-five (25%) percent. as the
floor areas exist on May 2. 2000.
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"Z. "Transfer; of 'ownership or control" ofa sexUally oriented business means' arid
includesahY;,of.theJfollowino: .
1 :':/ .The sale. lease. o(subleaseof the business;:
.2..>tIThEHtahsfer oh5ecurities that:form.acontrollino interestinJhe business.
whetAerbvsale":exchahoe;for similar means: or
" '. '3./ "<Th~establishmerirofa;;trust~'Qift:Forothersimilar.leoal:devicecthattransfers
tm~0Wnership:orioontrolof tne'bllsiness.'iexceptfforltrahsferfl)~,beouestor
othet7IEfperatibrt;\;6fiYfaW'ur501i~th'e','deam,, 6f.;'iltn~,';perS0ii~oossessinQ ,; tfie
ownersnipor:,rohfrof:'
Section' 9-6-3~:ZfZ;;;;;} Classification
. Sexuallvorienfe(PDusinesses~are classified as follows:
':" A.' · ". AdUltlarcades$
,'. B. 'J. ;yAdLiltbookstores.,adult novelWshops.oradult videcfstores;
'j' . C. y ). ';Adulfcabarets:
, D~ ....Adult motels,;
E ..,Adult motion; picture theaters;
FN c,>Adult:theaters:
. G/Escort aoencies;
. H. Ntidemodelstudios; and
I. Sexual encouliter Centers.
Section 9-6-4
';<ticense reQuired: n()n.;tnlllsferabilitV:excepti()lls
A. It shall be Un la'Nfu I for anvperson to operate a sexuallv oriented business without
firsfObtairiihclandmaintainiho a valid. sexually oriellted; busiriessliCehseiissued
pursuanttolhis article.
B. It shall be un la'Nfu I f()(anvperson who operates a sexually ()riented business to
emplovaberson toW()rk and/or petformservices on the premises of the sexually
oriehted business. if such emplovee is not in possession of a valid sexually oriented
bLisihessembloyee license issued to such employee pursuant to this article.
C. It shall beunla'Nful for any person to obtain employment with a sexually oriented
business if such person is not in possession of a valid sexually oriented business
employee license issued to such person pursuant to this article.
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D. It shall be Linlawf(.d~for;anv,per'som\association~firmor corporation licensed as
providechiR this,artiCle'to; Qoarafe'Olidef,:ariy;'namefbr:conduc[business tinder 'any
desiqhation 'not sbetifiecFiriSsudl'licenseD
EAlllicenses }issUedSDtirsUant <ta, this'artide,stiall be'~n6ntransferableexcept as
p rovid eo in 'this'artide:
. F.', ,'. 'The license reouiredbvlthis;"section"shalkbein'additionto a nv'otherJicenseSor
oermitstreauitea ii}r6fQertcFetfdaae;iri~tlie. Dusrn~ess>6n~ttUpatioh:asaoolicaBfe;ibv
either*Jhe~:~tdWri;,~:ttrEf'::rountVjQfi,thg;?tstafe~'~andf'oel'solis ,"enQat:linQ'~,iti.~ actiVities
describea;l5v~tfirsiarticret;snaflt:oomprV;:wittt~lI:othe.t"!ordihances::and laWs~incluainQ
the'foWn:;;:z6nind'WotijinancerYas;,mav~fje'7'ret:fuired;;;ttc)::enQade'Jin abtisiness '.'or
orofession1
, ". G.' It shall t5e a ffefensErttfsubse<ctibris(B};ano(C)ofthisiseC:tiarmnhe emplovmeht is
of IimitectZ;dti'ratioti~i1(Kfaf;';tnelsole~;Dfirp6se::6f! reoair, andfar:, maintenance "af
machineN:;'eQmpmefit7r6rttre[llremrses~'!
Section " 9~6~5 ,'';J;:;>:., License~application
,;, A. ..,' An1'apblicatibn~f6'r~':;af~sexuallV':()riEmfedi;bLisiness Hicel1se:':'inclljdinQ:;;a~renewal
aooficatiol1;:most'be:riiaCietjji,ja;formtJprbvidecmjv ,the' town. ThEfaooficatiOl1, must
be;acc()mparm~~d ifbv,~a?sketch';6ra:;;aiaaram:;sfi()wina'the ,i:CbnfitjUfationYeW:the
premiserS::tiriClUdil1cfacsfafemenfnft6t81floor:space'oc:cUbied, D\/:'the business.'; The
sketch' brjOiaaraln::need::fiot~profe5s1()iiall'lprebated1 buUmust bEf'drawh:;tb a
desitjnatedscale~j()r;)araWn"'WitliTmarKed;dimehsibns7af;thEfintei'ior.bf me premises
t6ariaccura'cv/otpr(Js;o):-minOSfSiX:ihches~;r::hErtawrfclerK"m'av;waive th'EHoreooinQ
diaQram~for );'renewar~apblicatiOlis 7;if.;i\the;~abplicaht2adoj:jtS~;)aJ'diaQram:;;that. \was
previously submittedahd:eettifies thanhe: confiQurationof the'oremises'has'not
been altered since it was prepared;
B. R riortoa!:fblviritjfbr arfbrioirialsexuallyoriel1ted business lice rise. all applicaritsJor
such'ra:;license:musfihave'ttie'premises :inspectea:ana:approved .b\iz:lhe....tiealth
department:;firedepatlmenf.\l:)uildinqaepartmerif. andzbninQ'departmeht.Written
certification' of sUch irisoeC:tians and approvals'. bveachinspeClil10aQericv must.be
submittedwitheach'sexOallvoriented business licenseapplicatibn. A lieenseewho
hasnofsubmitted sLichcertifications withinlhefivepreviousVears or a licensee for
anestal5lishment which expanded since the time of theorevious lieenseapplication
must also have the respective premises' inspected and submit Written certification
of such inspections and aporovals b'l each inspectinQ aQencvwith the licensee's
next application forlhe renewal of a sexuallv oriented business' license.
C. The application mavreQuesf. and the applicant shall provide. such information
(includinQ finQerprints) as the town may reQuire to enable the town to determine
whether the applicant meets the Qualifications established under this article. The
applicant has an affirmative duty to supplement a pendinQ application with new
information received subseQuent to the date the application was deemed
comoleted.
Marana Town Code
34
RD _ 009. paiD J)aI3.dmn.wpd
rev, 1999
D. ~ . <',iAII'aoplications to own or operate a sexually oriented business: must be:sllbmitted
bv~fhaturalperson who must siqn theappliciltibn;,.lfaleqatentitv Wishes to':own
or operate'asexuallv oriented'business.ea'ch':haturaroefsbnWnc)'owns or controls
a ten.(10Oforosfcent ol';q'feater' interes'fiili::tne: business must sianlthe'aoplicatidn for
abusllies's~licens'e as an aoolicant.:lfia'i'cofo6fatroli:iS:<listed aSfownerofa sexuallv
orienteQ~bllsifiess oflas the(entitv:that;Wisl:ies~to'%"d'f:jetate;sucI:t1a business.:e'ach
individual havino cilert:(:1 O%l psrcehforijfeafei;:4ntefElsllift1the:corDOratiort"inu'stsiqn
the'fap'plicationtfbra, otisin~esS?licEmse;~s;afi}iaPDlicanti
" E. ' . Eacn':a'l5olicatidh for asexuallvoriented0buslness license.shallbe'accoinpanied bv
the '.followihq:
;' "";' )"";Sitt .":"":<.Pavm€lit onhe 'applicalion'fee'irlJlIU:
. .... ,.f" :;/"*",:2.'::: :';T If.the establishinent is a'State;;6fAnz6na~c6rpdration.a'certified COpy of the
articles,'of incdfpofation~:t()qettie'r'twith~7all::arrieiiainentsithereto;
, '" . ":, ,('::i,(3J;:$t:;,~::mthe'establishinentisiafon3iqn<cOrD()ratiOn~:acertified ooDvofttie'certificate
6falltlioritvlo'tfahsacvousihess.imthiS'Sfate;{tooett'ietWiftiall amehdinemts
theret6~
,'4.u" ,'If theestablishinenLis a limited.:pannership formed lhider the.lawsbf the
Sfatefbf':Ariion"a:a'ireftified: coov"'oEtne'''certificate otlimitedoartnership.
toqetherXwith.'all:amenaments:'fl:lerefo;
.}::I\:;5.;:~l:S\;:df theestablishmenUs'a foreion liiniteClZOartnerstiip. a certified:copv ()f the
certificafe'oflimited "bartnership1anaithe7QUalificationdbCUments:tooether
withaILfamenainen(S;thei'eto;
:<6:"';rProof~bf the :currenFfeeoWnership.6f.thetract of land on which the
establishment is t6be situated in the 'f6imbf a'OODV oftt'ie recorded, deed:
'7.; "'If the persons identified as the feeowne!t(s)of the tract of land in item (6)
are not also' the owners of the establishment. ithenthe lease:' purchase
cohtract. purchase option f+'cbntract.~i>;lea5e!'dptiori\itontract< or other
document(s) evidencinq the leoallv' enforceablenqhfof 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:
8. A current certificate and straight-line drawinqprepared within thirty (30) days
prior to application bva reqisteted land survevotdepictinq the propertY lines
and the structures containinq anv existinqsexlIallvbriented businesses
within 1.500 feet of the propertY to be certified; the property lines of any
established reliqious institution/svnaqoque. public park or recreation area,
or familv-oriented entertainment business within 1.500 feet of the property
to be certified; the property lines of any school established within one (1)
mile of the property tobe certified. For purposes of this section. a use shall
be considered existina or established if it is in existence at the time an
application is submitted;
Marana Town Code
35
RD _009,paIO j)aI3.dmn.wpd
rev. 1999
9.' . Any of items.(2) throuah(9). above; shall,not'be:reatiited fora renewal
application if the applicantstates'that the cfocITments'oreviously:funlished
the'tbwn clerkFwittithe orictirial aoplicati6r)F:of::'tYrevidus;rrEmewaTs' thereof
remairifoorreaalld CiIrreJit. 'unless the lown"de'tl<.'reaUifeSfinfdffiiatloffdther
tnanClhafbreviousl\isubmitted .under sUDsectiOrre(9)1
F. '. Applications for' an employee license to work and/droe'tfofmsePiices in,.a sexuallv
oriente(f'oesiness.wfietnerbriainal'ot,renewal;FJitiustibeFmaae,Wttne:town.'c1erf(i;bv
ttie:t;:jjetsorno't\whbrfi;~ttie:empI6vee;lice1isezshaI14issue'iiEaclliabblication 'fbfWal1
eitibT()'le~licef1sEFshalliba:accbffibaniedn5v:pavmentDt~tnerfaDDlicatiort~fee .iri:full.
Apolicatiorrtfdfrl1S'.snallc, oe'~;si1Doliea!fibv;2ttl'e{U6wnTClerk:~ApDlicationS:::must;~be
subfilittedTtdCtne offire7'(jHhe"foWn e1erKtot: tn'e,:towh'crencs"desiEi'fieedtinna .rectular
wo"fl<rndU10flrs"anaCriiitaih thefblldwil1(filif6fffiatiol1r
<:(::.::.,._.:'C
.. 1, ,;:...:The::applicanrsaiven. name;"and any ottierJiames by'whichtheaoplicantis
or hasibeen. kooWrC'in'dudind'4:staae~~"na'mes:f~fnd/oraliases;!
, 'T:'-';-,'
" "2 ,....,...-.'...,N"".'~:..It ":..1'>8' I'" "'fb'rt h;
c. :; ,", "I"\ae.';'ua e anu' 0 ace,o I .
""'/!::":\""':':''-'':,.o_''''.>c:':-__
~>": ":~ ''':,' -, --,~","</,
":;;!;(i:~a~i*::.1i\l1;;~niieiQht weiatit~{ hair,cblor. and eye ;color;
.,;, ,.i:<(:*4j;;(:>';,,: Press'nt residenceaddress"and telebhc)n'enUmber;
.. >,':;::.50'.\,: ;Present busineSs address ana lelepnonenumbert
. .. 6:::!:":*Di:ite.,issuina 'state. 'and numberoLohoto driver's license. or either state
issUedidsntificatiorieard information:
,', ~ - -.,~" '
/:tq.:;'~:':~'SoCial SecuritVhumbsr: and.
.[-;;.;
:i;:! 8. c' . .... Proof that the individual is at least eighteen'(18) years Old;
. . G:
Each: Person sianino 'an application as an apblicant shall attach to the 'application
fofrifthe:fbllowina:
1. Acoleifphotoaraphofthe applicant clearlv showinatheabolicaht's.face.ahd
the applicant'sfinaerprints on a form provided b\fthePolice debartment.Any
fees for the photoaraphs andfinaeroririts shall be oaidbvthe applicant.
2. A statement detailina the license history of theaoplicahtandanv Person
over the aae of eighteen (18) years with whom the applicant resides. for the
five (5) years immediately precedina the date of the filina oUhe application.
includina whether such applicant. in this or anyothertown.citV. county.
state. or country. has ever had any license. permit. or authorization to do
business denied. revoked. or suspended. or had any orofessional 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 souaht and/or issued. the name(s) of the issuina or denyina
iurisdiction. and describe in full the reason(s) for the denial. revocation. or
Marana Town Code
36
RD _009.paIOyaI3.dmn.wpd
rev. 1999
susperision:'A COpy of anvorder ofaenial. revocation: or suspensiori shall
be attached to theaoolication.
'3. . A statement whether the'applicant;ofY:an\ipersdri over the:aQEF6f;eidhteem
(18) vearswitli>whbmithe"abplicanU'resides'.has .beenfcoiiviCted. ;.or~' is
awaitind~trial on pehdind chaiqes;"'ofa'soecifiedfcrimifiaractivity:atldJ':if 'so.
the nature. cLthe'specified 'criminal'actlviw'ihv5Ivedi$thEFaate;::'plare{arid
iurisdiCtion' of/each,'
. '," ; .A:< .';~; A statementmaaeunder oath that the:iaoplicant has persorial'knowleddebf
the irif0'1'matidhifCdntaihed'inAthe~ap'olicatiori"thattheJhf5rmation/;cofitairied
th'stein arid fOffiismmtherewittfis;tnte:'anacorrectand.tffaUnea'j:'lolicant has
reacmnett5ro~isionSVofftRis'attiCle!
". H. .; ;jJ\'Aseoarateabblicatibnand sexuallv otierited.l)usinessf.liceriseshallbEffeauirea;f6r
each if sexually,sbrieiited~\ busifless:~classificatioJi:;'fdi5eratiria~withih;~;tna~f'same
estal)!ishmeht
'1. .' '>iThefacfthat aoersonpbssesses 6ther.tyoes'of permits and/dr;liCe'nsesdoes;not
exe'm'pehim"from..thetequire:merit~of(cbtairiiriQ ai,sexuallV2Totiehte:diDusihessmr
empI6ve:e:';lieense:"
.. . Secti6n9.:.6':'6 :;..:. .' · / 'Issuance ~of'license:. dehial;iannual ;renewalreQuired
A.U . ......,Upohitheffiliria ofarfaoolicatioh'for asexually:oriented business'emploVeeJicerise.
the ;townclerk';shall "issue:aaemporaiVi Iicense:to~saRt :abplicant:.:The~pplicatron
shalltthen;be referred ,to'lhe'aopr6priafeldwhitlepartments'fdr:investiqatiofi!t(jIbe
made.cj'fj.ttienrifotm~ation contained in 'tIi'Er~rpolication;\t11he apolicatiori~ofocesS:shall
be combleted' within,thirtV'. (30YdaVs; from' thefdate onhe complefeo'abljlicali6ri.
After>the investiqatiori!:the4owii c1erk',shall issue an employee' Iicense1"iJhlessTit:is
determined bvaoreporider'ance oftlie'evidence that'onUe or mcre'of thefdll6Wirio
findihas is true:
~1. That the applicant has fairedt6d provide the information reasonablv
necessary for issuance of the liCense 'or ha~Halsely answered a auestionor
reauestfor information on the appliCation form;
2. . The applicantisunderthe aaeof eiahteen (18) years:
3. The applicant has been convicted of a specified criminal activity;
4. The sexually" oriented business emplovee. license is to. be used for
employment in a business prohibited by local or state law. statute. rule. or
reaulation. or prohibited by a particular provision of this article; or
5. The applicant has had a sexually oriented business emoloyee license
revoked by the Town within two (2) years of the date of the current
application.
Marana Town Code
37
RD _ 009.paIO-I)aI3.dmn.wpd
rev. 1999
B., ,If an application for asexually oriented business employee license is denied. the
temporifrl/:licensepreViouslv issued'is'immeaiatelydeemed.null and 'Ibid:
. c. .,Detiial:,'susoemsi6nJoe0revotationof^amcenseissuea pursuant td this secti6n shall
bel'sbbiecttotaooeaI1as:seH6rth:iwtllis' article!
.,; D. .;;/ Alitehse,issued:pursuanUttsubsectibn(A)'t>f.thissectioh.Jf arantedishall state on
its,face1ttiename,ottne'bers6nito'wtf6ffi'if:is:oranteo.,lthe expiraoondafe/and,.tne
adofessfofthe1'sexITallv'orienfe(f;t5usitiess~~e"emDroveEfsf1aIIkeei:fthelicense:on
hrsi;6rh'er~p'ers6n\at)alr::times';wnile entiaaecf:ih' emblovmenflor: oetfortninQservfces
orFlhe;'sexually;orieritedlbtlsiness;'premfses.:so .that/said :license'mav;bef'available
fdr::irisoe'ctiOnl(fooh laWfufZredues[
E: . ....fltabplication'is. madeJof;'a' sexUallyonehted;business license; the lawn clerk shall
abor6ve:;(jJ:';deYiv'issuariceofthe'license1withirff6rty'.::five (45)daysiof'receipt6fthe
diinOlefedfciot>1itati6rl'li."fne11own Clerl<0shall:4issue a~lIcenseft6"an'abplicantunless
it'Tsrdefermine(j.;that'o'nefor;;more>6f~lfiejf61Iowina'findihQs;iSltrue:l
,., "i:~r"'>
'; ,,1;";:/" ''Anapblicant'has failed;ttfprovide ~tnEnnformation reasonablY necessaJ:\r;for
issUance{bf0the.:Ucense:or;,has:falselvahswElred a/QUestion: orreauest;Jor
information 'or'f'the'apolicatiOfilIf6rm:
"'~<;--'-,:'--<'
,.' 2: .,;;/L;"Afi"'aoplicaritis\(Jnaefthe aae6feiqhteen (1'8)vears;
"3.' . ":>J'An;apolicantoraoerson with:whom :thEfapplicanris' residiridLhas been
denied a liceiise:bv.fhetowri:t6.boerate a sexuallv oriehted' bUsiness withih
the:precedinQifWelve:U12) 'mbnths;.ibi:,whdse:licehse''to ooerate1:a:"sextially
6riente~}~bUsftiess ~has';beetf';revbkeCl ::wittiin';theorecedincrftWelveP'U 2)
months:
. 4. An applicant bra person with'wh6m the applicant is residinqis overduEfin
payment ,to the town "iiitaxes;: fees. fines. or oenalties assessedaqainst or
imposed uponhim/her in relation to any business;'
5. An applicant or:a person with whom the applicant is residina has been
convicted of a specified criminal activity;
6. The premisesto be used for the sexually oriented business have not been
approved by the health department. fire department. and' the buildina
department asbeinain compliance with applicable laws and ordinances;
7. The premises to be used for the sexually oriented business is located within
1,500 feet of any residential zone, sinale- or multiple-family dwellina, church,
or park. or within one mile of any school;
8. The oremises to be used for the sexually oriented business is located within
1.500 feet of either any other sexually oriented business licensed under this
article or any other sexually oriented business that would be licensed under
this article if itwere located with the town limits;
Marana Town Code
38
RD _OO9.paIOJ}aI3.dmn,wpd
rev. 1999
.....9. . The license fee reQuired under this article has not beenbaid; or
10~ . ,AnapplicantofJhebrooosedestablishmenfis inviolatidnof or is not. in
combliarice.With"oneor'mbrebf: the provisidhsofthis:artiele:
F.' '. Alicenseissued pUrSuanttosObsectidri (EloUhissecti6n; if oranted.shall state on
itsiface:;.the1Yname.6mlie 'oersonor%oerscms');to;,whom it. is' Qfanted. "the:expirati6n
dcite;fithe;:;addtess'i:bf;1he:~':sextialrv;~'brieritectlbusiness:\:and:iiffie:;sectidh,,;9::'6:3
C1assificatio'h: fol;i:'whjChy:the,;licehse"tis5isstlea'f;rheilicerise;shaJ(~DeKbOsfea;"irt;;.a
conspicuous placeatol'fnear;ttie'ehtrance to:.the:seXfTallyoriented:business'sothat
itmav be1easily:readcatanvlime:
"... '. .' G.f A 'sexuallvdtientea'businesS'IiCense~shall.issue fof:onlvane classificati611Jas .set
forthin'section9-6-3::
. H. ' , ..:;; Irl"theeVenf tharthir lowhCletk determihes that arnrpblici:mt is .hat elioible',fdt:;a
sexuallv. briehfed:busiOOss Iicense;tlhe" abblicant snambe:,Qiveri~ri6ticecilwNritind:fof
theteasbhsf6r,the denialwithifi1fort\it:five: (45),(fays"Ofthe:re'ceHpf6ftfiacomplete'd
a'pblicatibnibv the town' C1erl<1\\pfovided~that'the::aPDlicaYlt~maV:fetmest~ifi'WritinQat
anv.:tiiiletbef6re the "nouceiS'iissuea.41hat sUtti:oenoCfibe;extelided:f6r;an'atlditibbaI
periodoflhot'more]han;:teh'~1n)~davsfln;'Orde~to'rrial(e}modificationS'necessarv1:to
c6iilblV;Withitthiso;amde:
. I..
i
within 'thirty: (30)';aays;bf:recei'VinQ'tthecomoletea Wifipplication:\~The:'fetiewal.' of a
licensestiall be'sllbiect tbthEHee as';set forth::jrisectibrf9;;,6;.7. Non:':renewal of a
Iicen'se'snall be subit~ctfb' appeal assetfbfth~irt this"atticle.
Section3'9-6::'7: c;",;' Fees
.ThefahhuaIJee'fbfa sexuallv oriented. business license; whether heworr'etiewal;is.. Five
Hundred ($500.00 ).. Dollars: ''The 'annual fee ,for "asexuallvoriehtedbLisiriess;emplbvee
Iicense.whethetnew orrenewal. is Fifty ($50:00) Dbllars.Thesefeesareto beilsedtobav
for the cost of the administration and enforcement of this article. . The'/fees are
nbnrefundableana may not be prorated for alicenseperibdbf lessthanonevear.
Section'.9-6-8
Inspection
An' applicant or licensee shall permit representatives of the Police Department. Health
Department. Fire Department. BuildinQ. Deoartment. or other town, citvor State
deoartments or aqencies to inspect the premises' ofa sexuallv oriented business for the
purpose of insurinq compliance with the law, at any time it is open for business.
Marana Town Code
39
RD _ 009. palO .J>a13.dmn. wpd
rev. 1999
'Section;<9;;:6~9: '.
Expiration of license
. A. .... Each license shall expire one Vearfrom the date of issuance and mav" be"renewed
60'1'1 bv submittina:a ;reneWal.8P'r5licati6trto th€f town?'Aoplicationf6r reneWal shall
be made atleast thittV;,(30Ydavs beforEHhe}expirati6n'date~
B.:lf;.the:town clerk denies~renewal'ofalicense; the'applicant,shallnot be,.Jssueda
lice'rise'.f6r one vear;from the idate,6fiaehia[
~< . Secn6ni9~':;10<<:'~ '.Susoension
. ,.'The town::clerl(shallsuspenda license for,aoetiOd not to'exceedthimt(30ldav5 if the'town
e1erkfdetermines~that the licensee 6r<~fnfemDlbvee"'otltieHicensee;has:
A. '<Violatedor is7not in'Compliahcewith'ahv sectiorfofttiisarticle:
:B.'. ...Qperatedorperformed services.in asexuaUv'onehb~d;;businesswhile<intoxicated
bv'tne. use 6falcoholic'beveraaesoF;oontrollea:stJbsfarices:
:C. "Reftisedtoallow prdmOt,insoection'6Mhe';sexuallv'brientedbusinesspremises as
aUthorize'cF15v this.a'rtiCle::or
" ,-- -~, "-'. '--'~;";
D: 4. Bertnitted Qamblinab'lanv person 6n'thesexuaUv orientedbusiriess premises:,
. ';Section<',;9;;'6~11;"" ,., Revocation
;'A: ':l"he :t6wri'c1erk shall revoke a Iicenseif any of the followina occur: .
. "1.,: .' ; Acause of license suspension Occurs ahd the license has been suspended
within the prbceedincitwelve (12)monttis;
. 2." ;' :A licensee Q8Ve false 'or misleadinQinfonTlation in the'material submitted
durina the application process:
.3:: 'A Iicensee.or'a person with whom the licensee resides.is'convicted of a
specified criminal activity on acharae that was pehdinQ brio'rlo' the' issuance
of the license;
4. A . licensee. subseauent to Iicensina.' is convicted of a" soecifiedcriminal
activity;
5. A licensee permitted the possession. use. or sale of controlled substances
on the premises;
6. A licensee permitted the sale. use. or consumption of alcoholic beveraaes
on the premises;
7. A licensee permitted prostitution 0'0' the premises;
Marana Town Code
40
RD _009.paIO J>aI3.dmn. wpd
rev. 1999
/8.' " 'A licensee operated the sexually oriehted business durino'aperiod oftirile
wheh the licensee's license was sus'oended:
" ,.,', ":--'::t:-::<:,::.:::;--:';:::/:':' ~'-<--~K9g:;%:~::::~:J >\~\::~:~:~:-ll€ensee'roe-Fmittea~'a-FiVi:::acf'b'f-sext:Jat::Jritefoo[jrse'~::soo0niV:-::oral,;oo'D,[ilatiori.
mastCifDatioh,;~,':or'Yother :sexlial;;'conduCt:'t6:'occur"in' dr'5!on'lhe'" licensed
preHiiises:
. ;:i.:10.;;.:'A licensee is 'oelinQuenfirlp8yrilenttothe Town. C6untvorState foi';:any
taxes:cW fees;
.' <11::(;,' A licensee pehTlitteda person Under eighteeiiit,18)Vears ofaae to enter the
establiShmentt:' .
>42>: ;\;:,Alicensee'attempted to sell his business Iicen5e;:'or hassold1assiQned.~or
trarisferfefd.'6wiiership'ot'cdntrol of the sexuallyfbriehted business'to a non-
licensee: 'Or
'. . '<<'13:;' ~iA.Hcensee';oehTlitte1iYa; pefSon:,0r'::person~ft6;;enoaae;irr'sDecifiedcsex.ual
activities'oli*tne;piemises!dfithesexaaIlYorientearbusirie~55:
8.' " Wheri:the;:towhClerkTrevokes:.:j:):licen'se.therevocatf6h!shalrcoritinu8"'for one (1 )
vear;~fand'the~licensee:shall!hotbe issueaa'sexually"oriefrited. busiooSs:licensefor
ane'( 1) vearfr6mCtne:1aate'revocati6ff~Decarileeffective~
Secti()n;,:g':S-12' '?'!!;::;ffiifAppeal
..... :An'8Policantmay:aooealtne:tlecisidn>of the'town C1etk'reQaroinqa!.denial~' revocation or
susoension'fathe taWtifrotinCif!bY filrno"a":Written notiCeb! a'poealwittlthe:tt)Wrl,clerk within
fifteen"(1 Srdavs'after:'seNiCe'fofnbtfcelfoon' thffiaoblicant onffetdwn'clef~s'tlecision: ::TIie
noticebf appeal shall.be accorhbaniedbv arilefnoraridumdr":'btherWritincfsettina out fLilly
the"qroUnas'fdr<sucn'1;aooeal :andaIFarQumentsiii'sCipporttnereof.:itTne.town .clerk; may.
within..fifteen (15) days' of serVicefupon hiril''C)f the 'aPDlicant'shierilor'anaufn~' :subrilif'a
memorandum in resbahse to the memorandum filed bytheaoolicanfon aboealldtheHown
council. iAfterreviewina sUch:meriioranda.as'well 8s:the town derk'swfitteiidecisi6ri;:if
any. ahdexhibits submitted tdthe toWn clerktthe town cburtcirshaIlNote:eittler:t(>:l]bhbld
or overn.ilethe town clerk's decision. Such vote shall beitakenwithin 'thirty-one (31)
calendar days.after'the date on Which the town clerk receives the notice of appeal.
However: all parties shall bereauired to comply with the town Clerk's decision'durina the
pendency 'af the appeal. Judicial review of a denial by the town clerk and town council may
then be made pursuant to this article.
Section 9-S-13
Judicial review
After denial of an initial or renewal application. or suspension or revocation of a license by
the town council. the applicant or licensee may seek iudicial review of such administrative
action in any court of competent iurisdiction.
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Section F9-6~14" 'Chanqeofernplovrneilt
A. .::'An establishment operator covered bv this article shall keep and maintain an up.;.to-
dateii:'reqister'.of "al..:emplovees:iIiClu(finQ:~the;:J6"(}WinqF:i:{each.~emol6'lee's; name.
aa(l ress;;s;;ade~";sex~~otities41a.,a ;sucti;fOtne6 iiiformation' asYbtfle;:town:.;C1erk;'~may
reasonablv 'reoiJire1<<;;:[he'licensee:mOstnotitVthe,lown clerk:irrwritinQwithitf fifteen
(1'5J,1tla~stof;hirihQ;a'nvrmassaqejUleraDistor;attefiaaiit.
'<: i'" '. B:": ....;.: :9An::establishmeht;y,ooeratotACoVer~bylthisijarticleAmOst. nOtitVithe.towi1;.;clerk'..7in
wfiting~withih'fifteem(1f5tdavsofianYi'Chariqe'6fmceAsed' e'mploVeeS;emDloved1'at
theifestablishhienfJ
C.' . 'Anehi6lbyeecovered by;;lhisartrclemusf'.,otifV:thetbwh'lelerk:inwritiiidWithin
fifteen (15) .t::tavs6f~artv:Chariqe;i.,:hi~f'6r.her'place 'ofehiplovment
,Sectionf$9:o,;,15; :.iv:;r$nt'SaJe~tr.ai1sfer:. or,. expansion
"" FA;' 'il]oon';the"sale':ortrahsfer:bfa,substantialiriterest inasexually oriented 'business.
tlie~licensetheH'ef6f,i'slialf' De'iiOIl{aiia;~v6fdtOnlessthe;trahsaction \Yas'appr6ved:in
advatice~bv;;the';towtlit'c'erK;HJhdeF;ttfet%aPDlication~Drocedure;ontflisnarticle!~SAn
0'nginal'applicaticYnfSfiall:be:mao~6v.wanv;pefsofi~1fassociation';:filii'for~'corpbration
desiiinQ't6;o'^;h~'br:ooe'ratethe 'establishment, iJp6ri~mnransfer:
. B. '.. 'An;establishrheht~lirense(fshall'subrnitiIPon:sale'6rtrarisfe[.of aiW"interesHn:an
exfstincfsexuallY' 6iieritedbusiness:'of anV'ehla"t'tlement 'or expanSidnof..thEEblace
of:'Dusihess'bf, a,sex(jallv;:onented~'Dusiriess~ new'certificatioriscof<.insoectidri'as
reduire(:f,'ofotiainal:ap'plicants'bv.tliis~article:;'"
'Sectioh::.9;';6-16: 'nNotices.
A. "/Any.nbticerequiredor oermittedtobe aiven bvthe'town clerk or any other town
bffice;'divisib'h. deparnnent or otli'er:aoencyllnaer'.this artiCle'to"anY'aoplicant,
operatbr'c5i:owner bfa'sexuallY oriented btIsiriessmav be qiven eitherDvpersbnal
delivery}or, by; certified :'Unitet::tStates' mail.:; postaqe prepaid.? return" receipt
reqUested;'addressea tathe rhosHeeent address as specified in the application for
the 'license. or any notice of a(fdress chanqe that has been receivet::t' by the loWn
clerk. Notices mailed as above shall be deemed qiven upon their deposit in the
United States mail. 'In the event that any notice qwen by mail is returned by the
postal'service. the toWn clerk or his desiqnee shall cause it to be posted at the
principal entrance to the establishment.
B. Anvhotice required or permitted to be qiven to the town clerk by any person under
this article shall not be deemed Qiven until and unless it is received in the office of
the town clerk.
C. It shall be the duty of each owner who is desiqnated on the license application and
each operator to furnish notice to the town clerk in writinq of any chanqe of
residence or mailinq address.
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. Section: 9':;6-17, ....~ ?ii, Additional reaulations for adult motels. .
. A.. . Evidellce:tIiat a sleeoinaro6rn inahbtel~ motet; or a 'sirnilar Cbrnrnercialehtefbrise
hasbe'en'.~fented and;vacatedtwo:or'rnore1;tirnes'irfa benod of;time,that iSilessthan
terif1 O);}'iour5'creafes:a'rebuttabre'presurnbtiOnthat the eriteronseis:an adUltmotel
asthanerm~is defit'ied'in this article.
. B .' ..' : Itis~;.urilaWfur;if a'~pefS6ri~,;asttfe'[jerson: in' control 6Fa.sleebiilci'j'o()m~ii:1; a,;hbteH.
moter1!orGsimilarmrnrnerClapienterbrise';;;that;ooes,':ilotnhave'';a~sextiallv*Otiehted
blisinessliCense.' rents oristJbrehts'cl"sleepina' roorn to a;berS()i:1Y~fn(f~witliifEfeh (1'0)
h'ol)fS:;ftoi'1T1he;'time?tI'ter()otn::is;;rehted~he;fents 'oj::;;siJbrents:tf1e~sarnetsteebina
- <":' W"~:""'~~':mr,._,.,,,:'-m.,:",. '-"'"~
roomaacta.rl'2
c: . Fotourodses,ofthissection~:theterrns Ifrenf' br~subreiit~ meari;the~€tof:perrnittina
c)"room:to1befoccupied f6r,ahY. form ofconsidefatioh~;
Section>g:'6;.1S;':i')'; Additional reQulations ,for escort aciehcies:
A': U,. Ah~escorFaqencYshannbreniptdvanY:bersori'Lihderthe aqe"ofi18zvears;:rieither
shaU'.'anv'persoh'wl'io;is under the.a'ae' of,.18niavbe'ernploveaor-acl[as'aO{escort.
'B: . A.persohlsnallhotiact as;;ari:esc6fti,6r aaree: to' act as {an escomf6f,1anV,person
(Jnaettheiaae"of::18~Veafs'~:neithershallan escortacfertcy a rranCie':f6f'ah 'escort for
anV;fperSOfi'linaeritl'iEfaoe,'ofi18:Vears;,
Sectiori~ 9:t),",19~';;;,.i;f. Adtlitio'OalreaulationsJordlude model studios
A" . Nililde{modet studidshall hot emploV anvpersbn undeftheaae:6f..18 years:
B.' " . . Aoersdri(under the;aqeof 18 years' shall not appear . semi-nude.or.iri' a state of
niJdify'irt1:ordfi the premises of ahlide:mbael studio.
c. ',' .. Aoers6n shall nofaopear in a state of nuditY. or withknowledae.'.allowanother to
appear in a'state 6f'nuditYin an area of a nude model studio 'premises Which can
be vieWed from the.oubtlc'riaht of way:
D. A~nlidernodel studioshall not place or permit a bed. sofa. or matliessin'ahY room
on the bremises. except that a sofa may be placed in a receptiorl roorn obento the
pubticahdcontainina' a partition to prevent visibilitY into the studio,
Sectiong~-20
Solicitation of aratuity prohibited
An employee of a sexually oriented business shall not solicit any aratuitY from any patron
or customer.
Section 9~-21
Reaulations pertainina to exhibition of sexuallv explicit films
and videos
A person who operates or causes to be operated a sexually oriented business. other than
an adultmotel. which exhibits on the premises in a viewina room of less than one hundred
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fifty (.150) sauare feet of floor space. a film. video cassette.'or other videoreprodliction. that
depicts':sbecifiedsextial activitiesi;6rsbecified' anatomical' areas:;sham~:complv:with' the
f61Iowiticj'reoUirements::
A. '; '" Upon application f6hisexuallv oriented cusiness Iicen'se,the:'applieati6h'shall be
accompanieRtbv a~araaram;'oftheipremises.showind,'acplan,:there6t:'st>eCifVinQi.the
location,'bf one'brm'oremanaaei":s:stationstana ;the,lbcati0nr:oWiII?6verhea~lrafiti'tid
fixtures1ati(ktle5ianating:anVtborti6ii'Of::the;premises:~in%whictFoaft6f:iStlNill :'notbe
permitte€l~fA*tTi'ariaijeHs;;statiOn iiiav::riofexceedtnirw"'two1(3~':stiuafe';feetliot;;f1oor
area:;,cf:fieYdiafiram:snallalsOidesiijnatathe:r:olace21aLwnicfi:tne1f)flSiness:licehseWill
b'e;corisDicuooslv:."pbsteCftlifJ;Qratited~1fA7br0fessidnallv"pre'oarem;"Oiaaram'iin;f,the
natlireof;an"etiQinee~sVor arctiitect's bluebtifltsliall,fibt DEl7feauii'eatIi5weveF'::each
diaarai"tij:sfiould:beoriefltea:totlie:hcirth;'of~r6%sbme(JesiQnatedstfeetJbr',bbieCtahd
shbOldbedfawn:tb a~desiQnated's'cale:Or;Witlimatke(i:drrliehsfons%SUfficienUofsh6w
the 'variol1siiifitemaFdimerisiohs~ofjalrTareas;ofAlie~rnteri6rr0fitl:Ye~'Dremfsest11otan
accUracv;nf;plus'or:ffiiillis'sool6~r:rfl~ches!',l"tre; toWh~letk!rma~rve:tneJf0tegoing
diadrarli" f6"4h~neWar;applrcati6ns'lifj~the'!applrcarit?:aCldptsifa~Ciiaorarrr,$th'aEiW8s
previoiJslv;s(j5mittelnahd'~certifies".that :the'cbnfiqtJratioffioP;the%premis'es~has) hot
beeh~'alfefe(Mince'itMas prepared~
B.' ',', The,appliaiti6ilshall besWbtiito:be..frl..le'andcon"e'ct'bV :tlie:aoplieahtJ
, C. ' ',', No :alteration. in: the;corifiaurationoi'ilbcatidnof:a'manaqer'sstation ma:V~be;made
without thetp'ii6f approval ofilf:1eA6Wn::clerK6(his 'desidfieeJ ,"
, D...' ,. 'It, is~the5CiDtV:ottheowneran(f;:oDe'ratdrofthe bremises:10ensure thatat,leasf orie
embI6V.ee5is~otY dutViano" sifOate'd"rrr:each:rrlii:ftia(:fej"!s'~statidn;:afaIHtimes~thaeanv ,
patrblt.is';preselit'insidEfthe15femises:
, E.' Theinteri6rof theoremises' shalll5e'confidlJredin such a manner that th'ere is'a'n
unobstructeo.view' from a"manaaef's~~statibh:of,:the.entirearea.of" the. pr'emisesJo
which ':'any.,:lJatfon ' is'permitted'access'Tfof<'anv2pITrboseXexcluaiha:restrooms.
Restro"oms'mav neither contain nor be'sUNeilleo' bvvideo reo'rcouction equipment.
If the bfemiseshas'tWo or more manaaer's stationsdesidnated;theiithe interior of
the premisesfshall'beconfiaured in 'such a;manner :thaLthere' is an Unobstructed
view of the 'entire area"of the premises to Which any Datron is 'permitted access for
anvpurpbsefrom at least oheaf the ti1~haQer's stations. The view reauired in this
subsection must be bv direct line of siaht from the manaaer'sstation:
F. It shall be the dutY of the operator. and it shall also bethedutY ofan'laaents and
emploveesbresent in the premises. 10 ensurethattheviewateaspecified in
subsection (5) of this section 'remains 'unobstructed' bvanV."dodrs.,walls.
merchandise.displavracksor other materials at all times and to ensure that no
patron is permitted access to any area of the premises that has beendesianated
asan area in which patrons will not be permitted. as desiqnated in the application
filed pursuant to subsection (1) of this section.
G. Noviewina room may be occupied bv more than one person at any time.
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'H. The premises shall be equipped with overhead Hghtino fixtures of sufficient intensity
to illUminate everV'pl~ice tc)"which 'patroris;'are bermittedaceess'atan illumination
of noUessttian five~ (5'.'0) 'f6ot'::candle' as:iiieasUretratlhefloor.Je'VeL
1.:.;;'0Jtstiam'be the dutY 6fthe'operator. 'and: it shalPalsO oeCthe diltv:of any aoents arid
emplovees presentinttie premises/to enstlre:that the illumination t1eseribedabove
is'iiiairifainetl';ataU?times thaI'anv oatrbn11is<pfeseritJn:theoremises:
" · J;" ....;No'licenseEfshallalloW arf!openina:ofan'lkin(H6fexrsttbetween~viewinarodms or
booths:
'. K. . ":t'NO:person shallmake anv'attempUb hiake"ahoPEmino ofailvLkiridsbetween the
viewinci';booths'"or'r6oms;
L" .>:::Thezooeratbr6fthEf sexuallvoriented'businessshall. durina:;eachbusiness,day.
inspect thewalls betweenfne:wiewino rbbi'nS:orbboths to'determir'ieifanv obeninos
of.ti6Ies.,exist."'No license'e"6r:employeeof'cfsexuaIlWotlentedi,bffsiness:iiiav:pe(mit
a(Pat{orr<<toZocct.fp~Jia ;,Viewino;td(jhibor,,*Dootli:J;coiltainindSanv~oDeiiiiids(oif~holes
allOwina'Viewiriq betweeri;twoormore'boottis~
M. i' Tne:;;Operatorof the"s'exuall,,'J6riented:.busiriess\stiaUfcaiJsa';all.fl06r coVennas in
viewirio ,booths' tdzbe ;::noilpb~tous;r; easilv''t'cleanable:surfaces~';::With;l\ho" ruQS or
carpetinol
N. ".;' The operator: rof th~e sexuallv.oriented; bUsiness "shaILcausef all. walFsurfaces and
ceilincfsUrfaces in viewinqrbooths to be"'coiistructed6f~;6t petffianentIV:rovered by.
nblipbrdus1s:easilv:t1eanable'materiat~ Noxwbdd.;;pIVWdod~";oompositiormjoard or
otlieriporous. matenal shall,be tisedwithinfom;':feiQfit\{~8~)' iiiches'(jf;the floot.:
Section 9:;6;;;22;.;.. . ' Exterior portions ofs&xuaIlV'oriented;businesses
A.Anowner or operator ofasexuaIlV;~oriented .business .Shall not allow the
merchandise' or activities of the establishhieritto be'visible from a 'OOln! oUtside the
establishment.
B. Ailowrier ofoberatof of a sexually oriented'" businessshallilotalloWtheexterior
portioner the sexually oriented busihessto have f1ashinolicthts. (')ran" :words.
letteriha. phOtoqraphs. silhouettes. drawinos.or pictorial representations of any
manner-except to the' extent permitted bY the provisions of this article:
C. .An.owneror operator: of' ai' sexuallvorientedbusiness shall.'not"allowexterior
portions' of the establishment to be painted any color other than a sinole achromatic
color. This provision shall not apply to a sexually oriented business if the followinq
conditions are met:
1. The establishment is a part of a commercial multi-unit center.
2. The exterior portions of each individual unit in the commercial multi-unit
center. includinq the exterior portions of the business. are painted the same
color as one another or are painted in such a way so as to be a component
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of the overall architectural style or pattern>ofthecommercial multi-unit
center. but
3 :"k~~,Nothino in this articleshaILbeconstrued~'%to reouire the paintiho .of an
otheH:wise unpainted.exterior,portionof<a sexually"onfmted business:
, ,5e<:lion.;.,9-0';;23: ,};!:;!\,,:SianaQe
'A. c, ,dF:'iNotwithStaridiho anvother provision oUhe COde: it'shall be lihraWfuHorthe oPEfrator
oflanv'lsexually orienfeo ;;businessot:JanY;~(btherfperson~t(jlferect~:constrUct. or
marntainfanVfsion f6(;;.;thesexlrallv orientetftiOsinessrbthe~tt1antne;one(;'1)"bnmarv
signfand~bne'(1) seoondarVfsioh;as]proviOed:hereih~This'':'^sectioh 'is'intenaeato
aIidmentttie:town sian' cOde~7hot suppli:i1iert~
B. ." 'Prrmar)isians:shall have n6 more than two (2) displaVsurfaces: Each such displav
surfaee'sflall::i
.'\::F:':1;;0~::r;>c,%i(Noecohtain ~fnv. f1ashiiio liohts:
;",,-
}:":.'At,:'Y-;;;-
'L. .;<<:':;~2:':SiJiIh~rBe::a:flat plarie;'rectaJiaOlar irrsha6e:
, : : ,\:\t!f3;;::::;:,:'#wNbt'exceed :severitY"'five (75) square feet, in area: and
"..' , ".: A::~,;1i:f;~Ndf1exceed ten (1 Oneet in heidhtor teh(10Heetihlehath.
,c. ' 'Pi'irnarvano secondary sions shall contain no photooraohs;'silhouettes. draWinos
or;'piCtoriaJ:feoresentations in~'anv manner~;\'~fhd maV contain onMthenameof the
enteronse'!
,. D. ." ')\'FEachfettetJormino a word on aprimarvorsecondarv sian shall be of solid color.
and 'ea'ch such letter.shall be the same print-tYoe. size androlor ~The .backoround
behincrsuchletterintfon the"displav s'ufface'(jf'a primary sian shall be of a uniform
and 'solid. color:
E.' ....Secohdarvsions shall have onlv one (1) displav surface. Such displav surface shall:
, 1. Not contain any f1ashino liohts;
2. ' Bea flat plane. rectanQular in shape:
3. ", . Notexceed twenty (20) square feet in area;
. 4. . Not exceed five (5) feet in heioht or five (5) feet in width; and
5. Be affixed or attached to a wall or door of the enterprise.
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Section 9,;,6.:.24.... . Sale. use.or'consumption of alcoholic beveraaes, prohibited
The sale, use..'orconsumotion of alcoholic beveraqes on. ,the . premises of asexually
oriented'ousiness is or-ohioited:::;
Section 9-6-25" .' .....:.... Persons vounaerthan eiqhteenprohibifed.frorriJentrv:.\;attendaht
requirect
A. .' ". Arfownet'or operator:6f:a sexuallY oriented business shalt:hotallowa person who
is yoUnqer.thar17eiqhfeen' (t8ryears. oraCle to'enter;'or'5be],bli:ttie premises:.of a
sexuallv?:oriented blisiness;at:any tirhe::thegsexua"Vitorientea;,I)Usiness~i&}ooen for
bOsinesS'!
'" R .(Y',lfshalI;be the~duwoftliEf operator ofeachsexuallvoriented business to ehsure that
an attenaaflt'is:<statiooea at'each' puolicefitr.~Hlce.td.the:sexOallV'lotientetlbusiness
at aIHimesdutinosiJct:i;sexuatlvoriehted .business~\redufar::busihess;ti6t:its~:.mshall
De ,theiduW"oMhe:atfenaanbto'prohibit'ahy.;oers6h .ufider;the'$ag~f;eighleen::.('1'8)
years'j:fforrrenterinq~tffe' sexuallY. oriefltecrql)usiliessT:ttsliall' De'~Dresumetl'thatan
attendantknew.'a person was urldertheaoeof eighteen(18) lihless;suctratfen'dant
askeCfkfot.':and\Waslumishedf~l
,'. ".1:.,;:2\:lYA Validoperato~s;c6mmercial operator's: or chauffeur's "drive r's' license;' or
.". r: ::'::'f":;Z~i1.1:0J;:;:':1\Valid:per's6halidentifiCation]ssued bY: the: State:bf Ar'iiona 'reflectind<that
suchTpej'sori~ls~'eidhteeh(18):vears;,ofade'QF;;oldEH'J
Section,:9~6::'26':Y~,r.. 'Hours16f operation
Nosexually.otientedbusiness; except for an adultni6tel.ma\(':i"emaili:tQ'Defi1at~anv time
between the;hoursof one a.m: (1 :00) and eighta~m:(8:00ronweekdavsand.saturdays,
and orie'a:m1;:(,1':00nind twelve p.m. (12:00)on Sundays:
Section 9:'6;'277':' PenaltY: exemptions
A. '.' 'Niolation'bv:a Iicens'ee. applicant. owner.operator~patron, employee,or other
person of a sexuallY:6iiented business of any duty or provision bfthisatticleshall
constitute a class 1 misdemeanor.
B. A person who operates or causes to be operated a sexuallV6riemtedblJsiness
withoutJa valid business license is subiect toa suitforiniunctionaswellas
prosecution for criminal violations. 'Each day a sexuallY" oriented blJsiness so
operates is a separate offense or violation.
C. It is a defense to prosecution under this article that a person appearinq in a state
of nudity did so:
1. In a modelinCl class operated bY a proprietary school. licensed by the State
of Arizona. a colleoe. iunior colleCle, or universiw supported entirely or partly
by taxation;
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'2. ~~v" In a illodelinacfass operated bva private collede or,universitVthatmairitains
and operateseducati6nal proarams';iii"wtiith"rcredits:"arefransfer'able!t6 a
colleae.' iunior c6l1eoe;oruniversitV slJpported:entirelvl'dripartlvby'taxation;
or
. 3. ,:',":,Tn arestroomilot operi to the'publiciviewand:whosEfsoedfiedanatomical
ateas;were n'ofivisibletoanv otherioer'sbn.
Article 9-7 LIQUOR LICENSE TAX
Section 9-7-1
Exemptions
This article is not applicable to wholesalers licensed under A.R.S. ~4-209.
[Adopted by Ord. No. 96.09]
Section 9-7-2 Fees
Every person, firm, corporation or other entity applying for a spirituous liquor license, under
the provisions of A.R.S. ~4-101 et-dseq., whether it be for an original license or transfer of
license, shall tender to the town a fee of fifty dollars ($50.00). Said fee shall be tendered
to the town contemporaneous with the filing of an application for original license or transfer
of license to the Arizona State Department of Liquor Licenses and Control.
[Adopted by Ord. No. 96.09]
Article 9-8 CABLE COMMUNICATIONS
Section 9-8-1
Purpose
It is the purpose of this article to:
A. Provide for the granting of licenses to operate cable communications systems in the
town.
B. Provide for the payment of certain fees and other consideration to the town.
C. Promote the widespread availability of high quality cable communications service
to residents of the town.
[Adopted by Ord. No. 96.09]
Section 9-8-2
Definitions
In this article, unless the context otherwise requires:
A. "Applicant" means any person that applies for a license.
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B. "Cable service" means all subscriber services provided by a licensee for the monthly
charge paid by all subscribers, including optional services such as premium
programming for which a separate charge is made.
C. "Cable television system, cable system or system" means a system, under common
ownership or control, of antennas, cables, fiber optics, wires, microwave, lines,
towers, wave guides or other conductors, converters, equipment or transmission
paths any of which use, cross or occupy any public right-@of-way, public utility
easement or other public property designed and constructed for the purpose of
generating, producing, receiving, transmitting, amplifying, distributing and controlling
audio, video and other forms of electronic or electrical signals.
D. "Channel" means a six megahertz (MHZ) frequency band capable of carrying either
one standard video signal or a combination of nonstandard signals.
E. "Converter" means an electronic tuning device which converts transmitted signals
to a frequency which permits their reception on an ordinary television receiver.
F. "Equipment" means any manholes, underground conduits, poles, antennas, cables,
boxes, pedestals, wire fixtures, conductors or other facilities necessary, essential,
used or useful to and operated by the cable television system.
G. "FCC" means the Federal Communications Commission, its designated
representative or its lawful successor.
H. "Gross revenues" means all payments received by the licensee from subscribers
within the town for programming services.
I. "Installation" means the connection of the system from activated feeder lines to
subscribers' terminals for the reception of cable service.
J. "License" means the right and authority to construct, maintain and operate a cable
television system through use of the public streets, public utility easements, other
public rights~of-way or public places in the town.
K. "Licensee" means the person and the lawful successor, transferee or assign of said
person, granted a license by the town.
L. "Person" means any natural person and all domestic and foreign corporations,
associations, syndicates, partnerships, joint ventures, businesses, trusts or other
legal entities.
M. "Premium programming" means a service delivered to subscribers over the cable
system for a fee or charge over and above the charge for basic cable service.
N. "Property of licensee" means all property owned, installed or used within the town
by a licensee in the conduct of its cable television system business.
O. "Resident" means any person residing in the town or as otherwise defined by
applicable law.
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P. "Subscriber" means any person lawfully receiving for any purpose any service of the
licensee's cable television system.
Q. "Tw0-7:.way capability" means the technical capacity for the transmission of
telecommunications signals of any type or form from subscriber locations or other
points throughout the system back to the system's control center or to other points
on the system, as well as transmission of signals from the system's control center
or another point on the system to any or all subscriber locations.
[Adopted by Ord. No. 96.09]
Section 9-8-3
License Rtequirement
No person shall construct, install, maintain or operate a cable system or any cable plant
including trunk, feeder or drop lines within the town, unless a license has first been granted
and is in full force pursuant to the provisions of this article.
[Adopted by Ord. No. 96.09]
Section 9-8-4
Licensing PRrocedure
A. Any person or entity desiring to operate a cable television system in the town shall
apply for a cable television license. If the town has not issued a separate request
for proposals to solicit such applications, this article shall be deemed to establish
the terms and conditions for submitting such applications, and all applications shall
conform hereto.
B. Applications for licenses to construct or operate a cable television system in the
town shall be filed with the town manager and shall contain, as a minimum, the
following:
1. The name, address of the principal place of business, and telephone
number of the applicant and of each person or entity having an interest of
five percent or more in the applicant.
2. A statement setting forth any agreements or understandings, whether formal
or informal, between the applicant and any person who has, may have or
proposes to have any ownership interest with respect to the proposed
license or the proposed cable television operation.
3. A statement describing the cable television system proposed to be
constructed or operated by the applicant.
4. A statement describing the financial condition of the applicant and the
source of funds which will be used in construction and operation of the cable
television system.
5. A description of the previous experience of the applicant in providing cable
television system service and in related or similar fields.
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6. A statement by the applicant agreeing to conform to all requirements of this
article in the event that the applicant's application for a license is accepted.
C. The town manager shall not consider any application that does not set forth the
information required by subsection-iB of this section. The town manager, in his or
her sole discretion, may request additional information from the applicant pertinent
to the license application. After receiving all information set forth in subsection-iB
of this section and any other information requested, the town manager shall forward
the application to the council with his or her recommendation.
D. In making a determination as to any application, the council may consider the
information contained in the application, the background of the applicant and its
owners, the proposed cable television system and construction schedule, the
financial responsibility of the applicant, the willingness and ability of the applicant
to abide by the license agreement and any other considerations deemed pertinent
by the council in the interest of the town. The council shall determine the award of
any license on the basis of such considerations and without competitive bidding.
Nothing herein shall be deemed or construed to require the granting of any cable
television license or the approval of any application in any circumstances, such
determinations to be in the discretion of the council.
E. After consideration by the council but prior to the issuance of a license, a public
hearing shall be held concerning any application which the council proposes to
grant. Such hearings shall be conducted in accordance with A.R.S. s9-507(B).
[Adopted by Ord. No. 96.09]
Section 9-8-5
License A~greement
A. Upon a decision by the council to grant an application, the town and the licensee
shall enter into a license agreement. No license shall be effective until the license
agreement is executed. The license agreement shall be in a form acceptable to the
town and to the licensee and shall incorporate, and the licensee shall expressly
agree to accept and be bound by, all terms and provisions of this article.
B. Any cable television license granted by the town shall be nonexclusive. The town
may at any time grant one or more additional cable television licenses in
accordance with this article. The town shall not approve or grant any cable
television license without requiring the licensee to undertake and perform all of the
same duties, obligations and other requirements as any prior licensee including,
without limitation, those with respect to system capability, construction and
maintenance, extension of the system into lower density service areas, provision of
local channels, fees, deposits and bonds, indemnity and insurance.
C. No license granted hereunder shall be for a period in excess of twenty years,
beginning with the execution of the license agreement.
[Adopted by Ord. No. 96.09]
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Section 9-8-6
Regulation of Ffacilities and ~quipment
A. Any cable television system proposed, constructed or operated in the town shall
meet the following minimum requirements:
1. The bandwidth of the cable television system shall be not less than 400
megahertz.
2. The cable television system shall have two-:way capability and the ability to
provide emergency override of the audio portion of all channels during a
declared emergency or disaster.
3. All trunk and feeder lines and single drops shall be placed, either aerially or
underground, in the same manner as the electric and telephone utility lines
in the same area. The licensee shall be responsible for obtaining consent
of the owners to use poles or any other equipment of utilities serving the
town. No licensee shall erect any pole except as may be reasonably
required to fill small gaps in existing aerial utility systems and with the prior
approval of the town planning and zoning commission.
4. The cable television system shall be installed and maintained in accordance
with accepted engineering practices and shall conform when applicable to
the most recent rules or regulations of the Federal Communications
Commission and with the National Electrical Safety Code.
5. The licensee shall promptly and completely repair any and all streets, public
ways, rights-Hof-way, sidewalks or private easements which are disturbed
or damaged during the construction, operation, maintenance or
reconstruction of the cable television system at licensee's expense and to
the satisfaction of the town manager.
6. The licensee shall be solely responsible for obtaining any necessary
permission or authorization to install any cable, line or other equipment on
either public or private property. Permission or authorization to cross all or
specified property of the town may be included in the license agreement.
7. The licensee shall maintain at all times current route maps showing trunk
and distribution lines as installed. Copies of such maps shall be furnished
to the town.
B. Any licensee has the right to offer to provide cable television service to any resident,
residence or other person or facility within the town as now established and as may
be extended at any time hereafter. Each licensee hereunder shall be obligated to
offer to provide cable television service to each resident within the town residing in
areas containing not less than fifty dwelling units per trench mile (underground
construction) or strand mile (aerial construction), whether or not any other licensee
is offering to provide cable television service in such area. A licensee shall be
relieved of its obligation to offer cable television service pursuant to the preceding
sentence only in areas which become part of the town as a result of extension
through annexation or otherwise if such area already receives cable television
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service provided by another company. For purposes of this section, offering cable
television service shall include having all equipment necessary to provide cable
television service in place and activated.
C. The licensee shall maintain an office accessible during normal business hours or
have a listed telephone and operate so that complaints and requests for repairs and
adjustments can be received. The licensee shall maintain a written record listing
the date of customer complaints, identifying the subscriber and describing the
nature of the complaint, which record shall also reflect the date and time responsive
action is taken by the licensee. Such record shall be kept at licensee's office and
shall be available for inspection during regular business hours. The licensee shall
notify each subscriber at the time of such subscriber's initial subscription service of
the procedure for reporting complaints.
D. The licensee shall render efficient service, make repairs promptly and interrupt
service only for good cause and for the shortest time possible. In the event of any
question as to whether the licensee is providing adequate cable television service
to a resident, the licensee shall demonstrate (by electronic instruments or
otherwise) that a signal of adequate strength and quality is being delivered to an
outlet at the residence of the subscriber.
E. The licensee shall, in addition to and not in lieu of the above, comply with any
service or technical standards est~blished by the FCC pursuant to 47
U.S. C. 9 554{ e). The licensee shall conform to 47 U.S. C. 9 551 relating to subscriber
privacy and any regulations promulgated thereunder.
F. The licensee shall make available, at direct cost (time and material), one service
outlet to a conveniently accessible point in each school, non-profit college or
university, and each police station, fire station or other public facility or building
located within the licensee's service area as may be designated by the town. The
monthly charge for service at such locations shall be specified in the license
agreement.
G. The town shall not regulate rates or charges for any services provided by a
licensee.
[Adopted by Ord. No. 96.09]
Section 9-8-7
New G~onstruction
A. At each new residential development consisting of more than three units within the
town in which the developer or contractor provides a trench for underground utilities,
the licensee shall be allowed to utilize this trench and shall be provided backfill
under the same conditions as are extended to other trench users.
B. The licensee shall be apprised of any subdivision reviews where locations of cable
and utilities are discussed prior to the start of residential construction projects.
C. The licensee shall conform to the requirements of chapter-_2, article-_6.3 of title-AD,
Arizona Revised Statutes (sometimes referred to as the bfue stake law) relating to
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the placement of underground facilities. If a portion of a licensee's cable television
system is damaged, notwithstanding the licensee's compliance with the blue stake
law, the licensee shall be excused from service obligations set forth herein for that
portion of the system until licensee is compensated in accordance with the blue
stake law and such damage is repaired. Repeated or willful failure to comply with
the blue stake law shall be grounds for revocation of a license granted hereunder.
D. Dwelling units in new developments in which a licensee requests and is refused
access to an open or joint trench or requests and is refused access to a multiple
dwelling unit building during construction for the purpose of prewiring shall be
excluded from the number of dwelling units in an area and their occupants from the
number of residents in an area for the purposes of section 9-8-5C(B)(B). Refusal
of access shall be demonstrated by the licensee. If construction is completed or if
the licensee fails to request access to open or joint trenches or to the construction
site, such dwelling units shall be considered dwelling units and their occupants
residents for the purposes of section 9-8-5C(B), and the licensee shall be obligated
to offer to provide service to such residents as provided in section 9-8-5C(B).
[Adopted by Ord. No. 96.09]
Section 9-8-8
Fees, 9geposits and B~onds
The following fees are required for each license granted under the authority of this article:
A. Application Ffee~l Each application for a license to be granted under the authority
of this article shall be accompanied by a non-refundable filing fee in the amount of
one thousand dollars ($1,000.00) payable to the town.
B. License Ffee;1 The licensee shall pay to the town an amount equal to two percent
of licensee's gross revenues from cable service. This payment shall be computed
quarterly, for the preceding quarter, as of March 31, June 30, September 30 and
December 31 of each year. Each quarterly payment shall be due and payable no
later than thirty days after the relevant computation date. Each payment shall be
accompanied by a financial report showing in detail the gross revenues from cable
service of the licensee related to that quarter.
C. Performance Bond-:l Within thirty days after the execution of the license agreement,
the licensee shall file with the town a performance bond for the benefit of the town
in the amount of one hundred thousand dollars ($100,000.00). In the event that
licensee fails to comply with any provision of this article or the license agreement,
then there shall be recoverable jointly and severally from the principal and surety
any and all damages or costs suffered by the town. These damages or costs shall
include but not be limited to, attorney's fees, and cost of any action or proceeding
including the full amount of any compensation indemnification, cost of removal or
abandonment of any property or other costs due and owing the town up to the full
amount of such bond.
1. The bond shall be maintained in full as a continuing obligation during the
entire term of the license agreement.
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2. The bond shall be issued by a surety company authorized to do business in
the State of Arizona and shall be in a form approved by the town.
[Adopted by Ord. No. 96.09]
Section 9-8-9
Termination; R!evocation
A. The license shall terminate upon the expiration of its term unless renewed prior to
the expiration date.
8. Sufficient cause for revocation shall exist when the licensee:
1. Fails to comply with any provision of this article or the license agreement.
2. Makes willful false or misleading statements in any application.
3. Engages in the practice of any fraud or deceit upon the town or subscribers.
4. Fails to abide by the privacy provision of this article.
5. Fails to make timely payment of any monies due the town pursuant to this
article.
6. Fails to commence construction in all required service areas described in
section 9-8-5(8) within six months or fails to commence basic service in
such required service areas within eighteen months from the effective date
of the license agreement or from the time when the area first meets the
requirements in section 9-8-5(8), whichever occurs later.
C. The town shall deliver to the licensee written notice of intent to revoke setting forth
the causes for revocation. A public hearing on this revocation shall be held by the
council no less than thirty days after issuance of said notice.
D. In the event of termination or revocation of a license, the licensee involved shall
offer to sell the cable system, at the fair market value, to a new licensee or applicant
for a license. The fair market value shall be determined in accordance with
generally accepted appraisal procedures. The original cost of all tangible and
intangible property, as well as salvage value, book value, replacement cost, cash
flow and other factors will be considered. Under no circumstances shall any
valuation be made for any right or privilege granted by license. Should the licensee
fail to negotiate a sale, as described above, the town may purchase the system at
the fair market value for the purpose of leasing to a qualified operator until a buyer
can be found.
E. The licensee shall provide continuous service for the entire term of the license
agreement to all subscribers and users in return for payment of the established
rates, fees and charges. If the licensee seeks to sell or transfer, or if the town
revokes or fails to renew the license, the licensee shall continue to operate the
system as trustee for its successor in interest until an orderly and lawful change of
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operation is effected. This period of operation shall not exceed six months from the
occurrence of any of the above events.
[Adopted by Ord. No. 96.09]
Section 9-8-10
Change of G~ontrol
A licensee shall not sell, transfer, assign, exchange or release, or permit the sale, transfer,
assignment, exchange or release of more than five percent of the cumulative ownership of
the system without prior written authorization from the town. The sale of less than fiftyw3tone
percent of the stock of a licensee shall not be deemed a transfer or assignment. Nofhing
in this section shall be deemed to prohibit a pledge or hypothecation or mortgage or similar
instrument transferring conditional ownership of the system's assets to a lender or creditor
in the ordinary course of business, unless such interests shall exceed seventy~five percent
of the original cost or the fair market value whichever is higher.
[Adopted by Ord. No. 96.09]
Section 9-8-11
Indemnity; {Insurance
A. Each licensee shall, at its sole cost and expense, indemnify, hold harmless and
defend the town, its officials, councils, commissions, agents and employees, by
providing immediate defense against any and all daims, suits, causes of action,
proceedings and judgments for damages arising out of construction, maintenance
or operation of the cable system.
B. Each licensee, within sixty days after executing a license agreement, shall provide
the town with and maintain in full force throughout the term of the license
agreement, insurance issued by a company duly authorized to do business in the
State of Arizona, insuring with respect to the installation, construction, operation and
maintenance of the system as follows:
1. liability, comprehensive general and automobile liability coverage including,
but not limited to, blanket contractual liability, completed operations liability,
broad form property damage including, but not limited to, coverage for
explosion, collapse, and underground hazard and automobile non-ownership
liability. This insurance shall be written in the following minimum amounts.
i. for bodily injury, including death: $500,000 combined single limit.
ii. property damage: $500,000 combined single limit.
iii. comprehensive automobile liability: bodily injury $500,000 combined
single limit.
iv. excess umbrella liability in the minimum amount of $1,000,000.
2. Worker's compensation coverage as required by the laws and regulations
of the State of Arizona.
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Section,9-9-2i~,' :::tCivil violation
infraction'fand:fjunishaole byta'iine::
Section': 9':'9-3 .~"'~;J1i::';Criminal violations
" , '/ ':i:tf;.A. i"'..;; The;'faihjfe2of,{ai1V:Derson:;~fiJiil;. cofDoration;:~or;;,other'entiW tbcomolv.:with .!the
pfoviSionsfonseCtion;*9..1;;3(BJ~::aiidSto'{f>'aV\lanvJaiiQ;'alrtfees;Wben'~due::;slialFbe"a
class~11:fiiiSdemean6Ff.whicrnshall oe::assessedEaaaiiistZthe'ownef:or:operat6r:of ,a
firm Qr7corooFcitionin;tliaevenN:i;firrri"or'tbm6ratJoms'itfviblatiorlofthafstlosection.
.. .. B. ' ,:~;~Ahv:'persQn"ii6IatinQ '8 provision ofarticle'92'4;Oiarncle'g:5:is'QuilW'ofa cfass1
misdEmieaiiot~
, " C'''''' ;;A:personwno Kilowinqly conducts: maintains; oViris;: manacfes,'arid/or operates anv
Qualifieo:esta5Iishiilenf;'as'defined in;articleg-5~where;'~?rn\/ oersohis'inVi6latioh.of
anv;pr6visionf6fiartider9:5;efsXQuiIW:O~aClass;.1~fu;sdehieanor:
Marana Town Code
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