HomeMy WebLinkAboutOrdinance 96.09 Adopting chapter 9 of the town code relating to business regulations
MARANA ORDINANCE NO. 96.09
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE,
CHAPTER 9 BUSINESS REGULATIONS", AS THE NINTH CHAPTER OF THE OFFICIAL
TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS
CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL
RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN
CONFLICT THEREWITH.
WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as
a unified code to standardize and maintain accessible, readable, and understandable rules and
procedures for the protection and security of its citizens; and
WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER
9 BUSINESS REGULATIONS" has been made a public record by the adoption of Resolution
No. 96-15 on February 20, 1996 by the Mayor and Council of Marana; and
WHEREAS, it has been determined that the adoption of that public record herein referred
to as "MARANA TOWN CODE, CHAPTER 9 BUSINESS REGULATIONS" is in the best
interests of the citizens of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana Arizona, as follows:
SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER
9 BUSINESS REGULATIONS", three copies of which are on file in the office of the town clerk
of the Town of Marana, Arizona, said document having been made a public record by
Resolution No. 96-15 of the Town of Marana, Arizona, is hereby referred to and made a part
hereof as if fully set out in this ordinance and is hereby adopted as law, rules and procedures
for the Town of Marana.
SECTION 2. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance and portion of the Town
Code.
SECTION 3. All Marana ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby
repealed, effective as of the effective date of this ordinance.
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SECTION 4. 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.
Marana, Arizona Ordinance 96.09
Page 1 of 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona
this 20th day of February, 1996.
aniel J. Hochuli
Town Attorney
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Marana, Arizona Ordinance 96.09
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2{~.~
Mayor ED ONEA
CHAPTER 9
BUSINESS REGULATIONS ..............: 9-1
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Article 9-1 BUSINESS UCENSE ............................................... 9-1
Section 9-1-1 licensed Required ........................................... 9-1
Section 9-1-2 Application and Issuance ...................................... 9-1
Section 9-1-3 Fees; Payment; Term of licenses ............................... 9-2
Section 9-1--4 Number of licenses Required .................................. 9-2
Section 9-1-5 license to be Exhibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 9-2
Section 9-1-6 Inspector of licenses ......................................... 9-3
Section 9-1-7 Duties and Powers of Inspectors ................................ 9-3
Section 9-1-8 Transfer of license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-3
Section 9-1-9 Prorating Prohibited .......................................... 9-3
Section 9-1-10 Revocation of Business license ............................. 9-4
Section 9-1-11 Denial; Restrictions; Suspension; Revocation ................... 9-4
Section 9-1-12 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-4
Section 9-1-13 Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-5
Article 9-2 PEDDLERS, SOLJCITORS AND TRANSIENT MERCHANTS ...... . . . . . . . . .. 9-5
Section 9-2-1 Definitions.................................................. 9-5
Section 9-2-2 license Required ............................................ 9-6
Section 9-2-3 Registration Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-6
Section 9-2-4 Exemptions................................................. 9-6
Section 9-2-5 Conducting Business Without Registration Cards Prohibited .......... 9-6
Section 9-2-6 Peddling on Posted Premises; Refusal to Leave Premises. . . . . . . . . . .. 9-7
Section 9-2-7 Application and Issuance ...................................... 9-7
Section 9-2-8 Charitable, Religious, Patriotic or Philanthropic Organizations ......... 9-8
Section 9-2-9 Fees ...................................................... 9-8
Section 9-2-10 Enforcement of Article; Record of licenses Issued and Violations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-8
Section 9-2-11 Exhibition of Registration Card. . . . . . . . . . . . . . . . . . . . . . . . . . . :. .. 9-8
Section 9-2-12 Transfer of Registration .................................... 9-8
Section 9-2-13 Revocation of Registration Cards. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-8
Section 9-2-14 Denial; Restriction; Suspension; Revocation .................... 9-8
Section 9-2-15 Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-9
Section 9-2-16 Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-9
Article 9-3 SWAP MEETS .................................................... 9-9
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Section 9-3-1 Definitions.................................................. 9-9
Section 9-3-2 License Required ........................................... 9-10
Section 9-3-3 Exemptions from Article ...................................... 9-10
Section 9-3-4 Penalty ................................................... 9-10
Article 9-4 MASSAGE THERAPISTS AND ESTABLISHMENTS . . . . . . . . . . . . . . . . . . . . " 9-10
Section 9-4-1 Definitions................................................. 9-10
Section 9-4-2 License Required ........................................... 9-11
Section 9-4-3 License Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 9-11
Section 9-4-4 Annual Applications ......................................... 9-12
Section 9-4-5 Massage Establishment Licenses .............................. 9-12
Section 9-4-6 Massage Therapist License ................................... 9-13
Section 9-4-7 License Application Investigation ............................... 9-13
Section 9-4-8 License; Special Requirements ................................ 9-13
Section 9-4-9 Display of License. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-14
Section 9-4-10 License: Prerequisites to Issuance. . . . . . . . . . . . . . . . . . . . . . . . .. 9-14
Section 9-4-11 License Revocation ...................................... 9-15
Section 9-4-12 Change of Location or Employment. . . . . . . . . . . . . . . . . . . . . . . . .. 9-15
Section 9-4-13 Sale, transfer or expansion ................................ 9-15
Section 9-4-14 Register of Employees; Notice of New Attendant. . . . . . . . . . . . . . .. 9-16
Section 9-4-15 Prohibition of Certain Services and Operations . . . . . . . . . . . . . . . .. 9-16
Section 9-4-16 Applicability of Regulations to Existing Businesses . . . . . . . . . . . . .. 9-16
Article 9-5 CLOTHING AND CONDUCT FOR QUALlF1ED ESTABLISHMENTS ......... 9-16
Section 9-5-1 Definitions................................................. 9-16
Section 9-5-2 Purpose................................................... 9-16
Section 9-5-3 Clothing Requirements for Female Entertainers and Employees Serving
Spirituous Liquors in Qualified Establishments; Penalty ............. 9-17
Section 9-5-4 Clothing Requirements for All Entertainers, Employees Serving Spirituous
Liquor, and Employees, in Qualified Establishments; Penalty
9-17
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Section 9-5-5 Operation of Qualified Establishments in Violation of Clothing Requiremenls17
Section 9-5-6 Prohibited Acts ............................................. 9-18
Section 9-5-7 Restrictions on Employment of Entertainers ...................... 9-18
Article 9-6 ADULT ENTERTAINMENT (Reserved) ................................ 9-18
Article 9-7 UaUOR LICENSE TAX ............................................ 9-18
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Section 9-7-1 Exemptions......................................:......... 9-18
Section 9-7-2 Fees ..................................................... 9-18
Article 9-8 CABLE COMMUNICATIONS ........................................ 9-19
Section 9-8-1 Purpose..........................................;........ 9-19
Section 9-8-2 Definitions................................................. 9-19
Section 9-8-3 License Requirement ........................................ 9-20
Section 9-8-4 Licensing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-20
Section 9-8-5 License Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-21
Section 9-8-6 Regulation of Facilities and Equipment .......................... 9-22
Section 9-8-7 New Construction ........................................... 9-23
Section 9-8-8 Fees, Deposits and Bonds .................................... 9-24
Section 9-8-9 Termination; Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-24
Section 9-8-10 Change of Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-25
Section 9-8-11 Indemnity; Insurance ..................................... 9-25
Section 9-8-12 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-26
Section 9-8-13 General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9-26
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CHAPTER 9
BUSINESS REGULATIONS
Article 9-1 BUSINESS LICENSE
Section 9-1-1 licensed Required
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 havinrJ 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 Stat2s government or the State of Arizona and its political subdivisions.
No license shall be issue'j without proof by the applicant of such compliance and verification
by the town clerk that nc violation of the town's zoning or sales tax regulations will occur by
such issuance.
B. The practicing or carr:'ing 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 prac:iced, carried on or conducted within the town.
C. The only exceptions to the licensing requirements of this article shall be:
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1. Non-profit 2ducational 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.
Section 9-1-2 Application and Issuance
A. It shall be the duty of the town clerk upon receipt of a property 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
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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.
Section 9-1-3 Fees; Payment; Term at Licenses
A. The fee for any license issued under this article shall be twenty five ($25.00) dollars per year.
8. No greater or lesser amount of money shall be charged or received 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.
C. All charges for a license required by this article shall be paid in advance and in lawful money
at the United States of America at the office of the town clerk.
O. The renewal charge for all licenses provided herein shall become due and payable on the
anniversary date of the issuance ot the license and every anniversary date thereafter, except
that any new license charge shall become due and payable and be paid on or before 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.
E. 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.
F. License fees provided for this article shall become delinquent fifteen days after they become
due.
Section 9-1-4 Number of licenses Required
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.
8. 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.
Section 9-1-5 License to be Exhibited
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.
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8. Each person, corporation or partnership having a license and having no fixed place at 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
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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".
C. Each person, corporation or partnership having a license shall produce and exhibit the same
whenever requested to do so by the town clerk, any pOlice officer or any agent at the town
authorized to issue, inspect, or collect licenses.
Section 9-1-6 Inspector of Licenses
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.
8. 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.
Section 9-1-7 Duties and Powers of Inspectors
A. 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:
1. To issue a citation through an officer of the Marana Police Department for any violation of
the provisions of this article.
2. 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. '
8. When the charge for any license required hereunder shall remain unpaid for fifteen days from
and after the due date, such charge shall be delinquent and the town clerk, on the day upon
which said charge becomes delinquent, shall add thereto an amount equal to five dollars as
a penalty and no receipt or license shall be issued thereafter by the town clerk until the charge
and penalty shall be paid in full.
Section 9-1-8 Transfer of License
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.
Section 9-1-9 Prorating Prohibited
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No license fee herein provided shall be prorated.
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Section 9-1-10
Revocation of Business Ucense
Business licenses issued under this article may be revoked by the town clerk at any time, if
deemed necessary in the interest of public safety, protection, health, or morals.
Section 9-1-11
Denial; Restrictions; Suspension; Revocation
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.
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 and 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 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.
Section 9-1-12 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
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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.
8. 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
Section 9-1-13
Penalty
Any violation 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.
Article 9-2 PEDDLERS, SOLlCITORS AND TRANSIENT MERCHANTS
Section 9-2-1 Definitions
A. In this article, unless the context otherwise requires:
1. "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.
2. "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.
3. "Transient merchanr 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 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
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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.
Section 9-2-2 Ucense Required
A. Subject to the provisions ot A.R.S. ~-563, it is unlawful for any peddler, solicitor, or transient
merchant, as the same are defined in this article, to engage in such business within the
corporate limits of the town without first obtaining a license therefor in compliance with the
provisions of Article 9-1.
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:
1. It is unlawful for any peddler, solicitor or transient merchant to make exclusive use ot any
location on any street, alley, sidewalk or right-at-way for the purpose of selling, delivering,
or exhibiting goods or merchanaise.
2. It is unlawful for any peddler, solicitor, or transient merchant to operate in a congested area
where such operation may impede or inconvenience the public use ot such street, alley,
sidewalk, or right-at-way. For the purpose ot this chapter, 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 unlawful for any person to exhibit any copy or facsimile of the original license issued
under this chapter.
Section 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 registration.
Section 9-2-4 Exemptions
The terms ot this article do not include the acts ot persons conducting bona tide religious or
charitable business, persons selling personal property at wholesale to dealers in such articles,
news vendors, the acts ot merchants or their employees in delivering goods in the regular course
ot business. nor to persons conducting periodic sales ot personal property upon their living
premises (i.e. yard or garage sales). Nothing contained in this article prohibits any sale required
by statute or by order ot any court, or to prevent any person conducting a bona fide auction sale
pursuant to law.
Section 9-2-5 Conducting Business Without Registration Cards Prohibited
It is unlawful for any soficitor, peddler, or transient merchant to conduct or transact business
without having registered with the town clerk and without having obtained a registration card:
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without having such card in possession; or tailing to exhibit such card 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.
Section 9-2-6 Peddling on Posted Premises; Refusal to leave Premises
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.
Section 9-2-7 Application and Issuance
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;
6. The source of supply of the goods or property proposed to be sold, or orders taken for the
sale thereot, 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 ot any vehicles, including license numbers, to be used in conducting business
in the town.
8. Registration cards under this article shall be given to all applicants who have complied with
section 9-2-7, 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 veracity. In such cases the application
shall be denied or revoked.
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Section 9-2-8 Charitable, Religious, Patriotic or Philanthropic Organizations
Any organization, society, association or corporation desiring to solicit or have solicited in its name
money r 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.
Section 9-2-9 Fees
Every applicant peddler, solicitor, or transient merchant under this article shall pay the $25.00 per
business endeavor conducted in the town for a registration card.
Section 9-2-10
Enforcement of Article; Record of Licenses Issued and Violations
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 arrests for violation of this article, and the town clerk shall maintain a
record for each license issued and record the reports of violations therein.
Section 9-2-11
Exhibition of Registration Card
Peddlers, solicitors, and transient merchants are required to exhibit their original registration card
at the request of any person. Exhibition of any copy or facsimile of the original shall not be
considered in compliance with this article.
Section 9-2-12 Transfer of Registration
No registration card issued under the provisions of this article shall be assigned or transferred to
any otller person, corporation or partnership without first obtaining permission from the town clerk.
Section 9-2-13
Revocation at Registration Cards
Registration cards under this article may be revoked by the town at any time, if deemed necessary
in the interest of public safety and protection.
Section 9-2-14 Denial; Restriction; Suspension; Revocation
A. Registration 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.
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 federal law.
4. Conviction of any felony or misdemeanor.
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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.
B. In the event a registration card 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 inspector 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 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.
Section 9-2-15 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.
Section 9-2-16 Penalty
Any violation 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.
Article 9-3 SWAP MEETS
Section 9-3-1 Definitions
A. In this chapter, unless the context otherwise requires:
1. "Swap meet operator" means any person or firm who operates or conducts a swap meet.
2. "Swap meer means a place of commercial activity, popularly known as a swap meet. Mea
market, park-and-swap, which is:
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(i) Open to the general public for the purchase of merchandise on the premises;
(ii) 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;
(iii) 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.
Section 9-3-2 License Required
A. It is unlawful for any swap meet operator, as derined in this article, to engage in such business
within the corporate limits of the town without first complying with the licensing requirements
of article 9-1.
8. All vendors conducting or transacting business within the confines of the swap meet shall be
exempted from the licensing requirements of this article and article 9-1 and the registration
requirements of article 9-2, so long as the operator of the swap meet is licensed pursuant to
article 9-1 and this article.
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 persons residential premises, so long as such activity does not exceed three
consecutive days and is not performed more than four times a year.
~,.,,,,--
8. 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 their regular business activity, but shall be exempt from the licensing
requirements of this article.
Section 9-3-4 Penalty
Any violation 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.
Article 9-4 MASSAGE THERAPISTS AND ESTABLISHMENTS
Section 9-4-1 Definitions
A. In this article, unless the context othelWise requires, the following words and phrases shall be
construed as follows:
1. "Massage therapy" means a health care service involving the external manipulation or
pressure of soft tissue (muscles, tendons, ligaments) for therapeutic purposes. Massage
therapy includes, but is not limited to effleurage, petrissage, tapotement, tapping,
compression, application of direct pressure, vibration, friction, nerve strokes, or movements
by manual or by electrical, mechanical or vibratory apparatus.
2. "Massage therapist" means a person who has attended 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
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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 following terms or designations: massage practitioner, therapist, technician,
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 a massage technique or method.
3. "Massage establishmenr means a place of business wherein any of the methods listed in
subsection (2) are administered or practiced far compensation or from which is dispatched
a person far administering or practicing massage therapy, and includes 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 comply with building and safety codes, fire
codes, and health codes as established by Pima County and the Town of Marana.
4. "Recognized school of massage" means an institution of learning which teaches the theory,
practice. application, and ethics of massage therapy, anatomy and physiology, and basic
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.
5. "Attendanr means any employee who administers any of the services of a massage
establishment within the bath or massage rooms.
Section 9-4-2 License Required
A. It shall be unlawful for any person, association, firm or corporation to operate a massage
establishment without first obtaining and maintaining a massage establishment license as
required by this article.
B. It shall be unlawful for any person to practice or administer any subject or method of treatment
listed in section 9-4-1 without first obtaining and maintaining a massage therapist license as
required by this article.
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 far 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.
Section 9-4-3 License Exceptions
A. No license shall be required under this article for:
1. 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.
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2. Persons employed as athletic trainers for any bona fide athlete or athletic team, while
acting within the scope ot that employment
Section 9-4-4 Annual Applications
A. Each licensee under this article shall apply for a license annually by application either by
following the procedure for an original license, or by filing an affidavit stating that the
information contained on their most recent application is current true and correct. There shall
be no automatic renewal ot the license by the town clerk. Fees shall be required upon original
application and annually thereafter.
Section 9-4-5 Massage Establishment licenses
A. Any person, association, firm or corporation desiring to obtain a massage establishment
license shaH apply to the town clerk, who shall refer each such application to the chief of police
for investigation 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 applicant for a massage establishment license shall submit the
following:
1. The full legal name and current residence address of the applicant;
2. Any name by which the applicant has been known during the previous five (5) years;
3. The address at which applicant desires to do business;
4. Written proof that the applicant is over the age of eighteen (18) years;
5. The applicanfs height, weight, hair and eye color;
6. A portrait photograph, at least two (2) inches square in size, taken within the previous six
(6) months;
7. The employment history of the applicant during the previous five (5) years;
8. The business history of the applicant, and whether the applicant has had a business
license revoked or suspended, the reason therefor, and the business activity engaged in
which was subject to such suspension or revocation;
9. All felony and misdemeanor convictions of the applicant, excluding those for civil traffic
offenses, and the grounds for such convictions;
10. The applicanfs complete fingerprints, if needed by the police department;
11. The names and copies of aU licenses of all employees to be employed as massage
therapists;
12. Such other identification and information as the pOlice department may require in order to
confirm the facts of the matters above;
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13. Each application for a massage establishment license shall be accompanied by a one
hundred dollar ($100.00) fee. Such fee in each instance shaJl 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.
Section 9-4~ Massage Therapist License
A. Any person desiring to obtain a massage therapist license shaJl apply to the town clerk, who
shall refer each such application to the chief of police for investigation of the veracity of the
information contained therein. A license for a sole massage therapist practicing alone, shall
suffice as a combined therapist/establishment license for that person. A massage therapist
application shall include all of the information required pursuant to section 9-4-5, and
additionally:
1. 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, including the applicant's
diploma or certificate, and official transcript from a recognized school at massage;
2. 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 disease;
3. The application for a massage therapist license shall be accompanied by a fifty dollar
($50.00) fee. Such fee 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 deemed an application fee and
not returnable to the applicant.
Section 9-4-7 License Application Investigation
Any applicant for a license pursuant to these provisions shall present the application containing
the required information to the town clerk. The police department shall have a reasonable time in
which to investigate the veracity of the information on the application. The police department shall
report the findings of such investigation to the town clerk.
Section 9-4-8 license; Special Requirements
A. No massage establishment license shall be issued or renewed unless inspection by the town
building inspector or his1her designee indicates the site of the establishment complies with
each of the following minimum requirements:
1. Compliance with all applicable state, county, and town laws;
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 ;
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;
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,...
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 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;
6. All showers, bathtubs, steam rooms, toilets and wash basins shall be thoroughly cleaned
each day business is in operation and in good repair and maintained in a clean and
sanitary condition. Shower compartments and bathtubs, where provided, shall be
thoroughly cleaned after each use.
7. 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;
8. 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.
8. In the event that a massage establishment is located in a private residence, the following
additional requirements must be met:
1. A separate room that is not used as a living space must be provided;
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 room.;
4. A massage establishment shall be separated from the residence by complete partitioning
and doors; and
5. All other guidelines outlined in this section shall be complied with.
Section 9-4-9 Display of Ucense
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 town building
inspector or his designee may inspect all places of business subject to the provisions of this article,
and shall report all violations to the town clerk.
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
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requirements of this article and has determined that the applicant is not in breach of any of the
grounds for revocation of section 9-4-11.
Section 9-4-11
Ucense Revocation
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 turpitude.
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 article.
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.
Section 9-4-12 Change of Location or Employment
A. A massage establishment licensee must notify the town clerk 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 cIerI< or his
or her. designee to verify that applicable ordinances and regulations of the town are complied
with.
8. A massage therapist licensee must notify the town clerk within fifteen (15) days of any change
in his or her place of employment, or place of dispatch for massage therapy services.
Section 9-4-13
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 procedure as outlined in section 9-4-5. A new application shall be
made by any person, association, firm or corporation desiring to own or operate the
establishment.
8. 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
inspection and compliance with section 9-4-8.
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Section 9--4-14 Register of Employees; Notice of New Attendant
The operator of each massage establishment shall keep and maintain an up-to-date register of all
employees including the following; the employee's name, hislher address, age, sex, duties and
such other information as the town clerk may reasonably require. Upon hiring any attendant. the
operator shall immediately notify the town clerk in writing and shall include in such notice the same
information required to be in the register.
Section 9-4-15
Prohibition of Certain Services and Operations
A. No massage establishment shall:
1. Allow treatment of multiple persons in the same room at the same time.
2. Provide to any person, at any time, services which may be reasonably considered to be
clearly dangerous to health or safety.
3. Remain open or provide services, at any time between the hours of 12:00 midnight and
6:00 a.m.
Section 9-4-16 Applicability of Regulations to Existing Businesses
The provisions of this article shall apply to aJl 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.
Article 9-5 CLOTHING AND CONDUCT FOR QUALIFIED ESTABLISHMENTS
Section 9-5-1 Definitions
A. In this article, unless the context otherwise requires, the following words and phrases shall be
construed as follows:
1. "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.
2. "Employee" means any employee, independent contractor, agent, consultant, or other like
person.
3. "Opaque" means not allowing any light to pass through; not transparent, semi-transparent,
or translucent.
4. "Qualified Establishmenr 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
4, chapter 1, article 1 (A.R.S. ~-1 01 et seq.). 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.
Section 9-5-2 Purpose
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A. The purpose of this article is to:
1. 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 1 (A.R.S. ~-1 01 et seq.);
2. Provide for conduct requirements of entertainers, employees serving spirituous liquors,
employees, patrons, and operators in qualified establishments;
3. Provide for requirements of employment for entertainers, employees serving spirituous
liquors, and employees in qualified establishments;
4. Provide for penalties, to be enforced by the Town of Marana, for anyone violating the
provisions of this article;
5. 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 .
Section 9-5-3 Clothing Requirements for Female Entertainers and Employees Serving
Spirituous: Liquors in Qualified Establishments; Penalty
.."'..-
Any female entertaining or performing any dance, show, exhibition, or performance, or any female
serving spirituous liquors as defined by A.R.S. title 4, chapter 1, article 1, as amended, or any
female employee, in a qualified establishment, who appears clothed, costumed, unclothed, or
uncostumed 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 visible and not firmly covered by a fully
opaque material, which does not resemble or simulate the actual appearance of an areola and/or
nipple, is guilty of a class 1 misdemeanor.
Section 9-5-4 Clothing Requirements for All Entertainers, Employees Serving Spirituous
Liquor, and Employees, in Qualified Establishments; Penalty
Any person entertaining or performing any dance, show, exhibition, or performance, or any person
serving spirituous liquors as defined by A.R.S. title 4, chapter 1, article 1, as amended, in a
qualified establishment, who appears clothed, costumed, unclothed, or uncostumed 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 covered by a fully opaque material or is so thinly covered as to appear
uncovered, is guilty of a class 1 misdemeanor.
Section 9-5-5 Operation of Qualified Establishments in Violation of Clothing Requirements
A. A person who knowingly conducts, maintains, owns, manages, and/or operates any qualified
establishment where any person is in violation of the provisions of this article, is guilty of a
class 1 misdemeanor.
8. 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 ot this article if that person were
on the premises of a qualified establishment, shall effectively screen such person or persons
from view. A person who knowingly conducts, maintains, owns, manages, and/or operates any
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qualified establishment where any person is in violation of this section is guilty of a class 1
misdemeanor.
Section 9-5-6 Prohibited Acts
A. The following acts are prohibited by entertainers, employees serving spirituous liquors,
employees, owners, operators, managers, and patrons, in qualified establishments:
1. No licensee, 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.
2. No licensee, operator, manager, or owner of a qualified establishment shall permit, on the
licensed premises, any person to perform acts of or acts which constitute or simulate:
(i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
(ii) The touching, caressing or fondling of the breast, buttocks, anus or genitals.
8. Any violation of this section by a party, regardless of knowledge of the violation, shall be a
class 1 misdemeanor.
Section 9-5-7 Restrictions on Employment of Entertainers
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;
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 establishment by the
operator, manager, or owner, shall be a class 1 misdemeanor.
Article 9-6 ADULT ENTERTAINMENT (Reserved)
Article 9-7 LJaUOR LICENSE TAX
Section 9-7-1 Exemptions
This article is not applicable to wholesalers licensed under A.R.S. S4-209.
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. ~-1 01 et seq., whether it be for an original license or transfer of license, shall
tender to the town a fee of fifty dollars (SSO.OO). 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.
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.'
Article 9-8 CABLE COMMUNICATIONS
Section 9-8-1 Purpose
A. It is the purpose of this article to:
1. Provide for the granting of licenses to operate cable communications systems in the town.
2. Provide for the payment of certain fees and other consideration to the town.
3. Promote the widespread availability at high quality cable communications service to
residents of the town.
Section 9-8-2 Definitions
A. In this article, unless the context otherwise requires:
1 . "Applicanr means any person that applies for a license.
2. "Cabie 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.
3. "Cable television system, cable system or system" means a system, under common
ownership or control, at 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-at-way, public utility easement or other public
property designed and constructed for the purpose ot generating, producing, receiving,
transmitting, amplifying, distributing and controlling audio, video and other forms at
electronic or electrical signals.
4. "Channel" means a six megahertz (MHZ) frequency band capable of carrying either one
standard video signal or a combination of nonstandard signals.
5. "Converter" means an electronic tuning device which converts transmitted signals to a .
frequency which permits their reception on an ordinary television receiver.
6. "Equipmenr 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.
7. "FCC" means the Federal Communications Commission, its designated representative or
its lawful successor.
8. "Gross revenues" means all payments received by the licensee trom subscribers within the
town for programming services.
9. "fnstallation" means the connection ot the system from activated feeder lines to
subscribers' terminals for the reception of cable service.
10. "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-ot-way or publiC places in the town.
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11. "licensee- means the person and the lawful successor, transferee or assign of said
person, granted a license by the town.
12. "Person- means any natural person and all domestic and foreign corporations,
associations, syndicates, partnerships, joint ventures, businesses, trusts or other legal
entities.
13. ~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.
14. "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.
15. "Residenr means any person residing in the town or as otherwise defined by applicable
law.
16. ~Subscriber" means any person lawfully receiving for any purpose any service of the
licensee's cable television system.
17. Iwo-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.
Section 9-8-3 License Requirement
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.
Section 9-8-4 Licensing Procedure
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.
8. 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.
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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.
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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.
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 B 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 B of this section and any other information
requested, the town manager shall forward the application to the council with his or her
recommendation.
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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. 99-507(8).
Section 9-8-5 Ucense Agreement
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.
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C. No license granted hereunder shall be for a period in excess of twenty years, beginning wittl
the execution of the license agreement.
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Section 9-8-6 Regulation of Facilities and Equipment
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 mo-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-
of-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 shaH 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 shaH 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 aiready receives cable television 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. Tile 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
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rev. 2/96
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 established by the FCC pursuant to 47 U.S.C. Sec. 554 (e). The licensee
shall conform to 47 U.S.C. Sec. 551 relating to subscriber privacy and any regulations
promulgated thereunder.
F. The licensee shall make available, at direct cost (time and materiat), 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.
Section 9-8-7 New Construction
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.
8. 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 40, Arizona
Revised Statutes (sometimes referred to as the blue stake law) relating to 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). 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).
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Section 9-8-a Fees, Deposits and Bonds
A. The following fees are required for each license granted under the authority of this article:
1. Aoplication Fee. 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.
2. license Fee. 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.
3. Performance Bond. 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.
(i) The bond shall be maintained in full as a continuing obligation during the entire term
of the license agreement.
(ii) 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.
Section 9-8-9 Termination; Revocation
A. The license shall terminate upon the expiration of its term unless renewed prior to the
expiration date.
B. 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 9-8-5C(8)
within six months or fails to commence basic service in such required service areas within
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eighteen months from the effective date of the license agreement or from the time when
the area first meets the requirements in section 9-8-5C(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 seH
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 operation is effected. This period of operation shall not exceed
six months from the occurrence of any of the above events.
Section 9-8-10 Change of Control
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 fifty-one percent of
the stock of a licensee shall not be deemed a transfer or assignment. Nothing 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.
Section 9-8-11
Indemnity; Insurance
A. Each licensee shall, at its soie 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 claims, 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. Uability, 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.
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(i) for bodily injury, including death: $500,000 combined single limit
(ii) property damage: $500,000 combined single limit
(Hi) 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.
3. All insurance policies required herein shall include the town as a named insured party.
4. Licensee shall be solely responsible for all premiums due and payable for insurance
required herein.
5. All insurance policies required herein shall be in a form approved by the town and shall
include a sixty day notice of cancellation endorsement.
Section 9-8-12 Administration
A. The town reserves the right during the term of the license agreement and during normal
business hours and upon the giving of reasonable notice to examine, audit, review and obtain
copies of licensee's contracts, engineering plans, accounting, financial data and service
records relating to the property and operations of the licensee and to all other records required
to be kept pursuant to this article.
8. Copies of such rules, regulations, terms and conditions adopted by each licensee for the
conduct of its business shall be filed with the town.
Section 9-8-13 General Provisions
A. Licensees shall not deny service, access or otherwise discriminate against subscribers, users
or residents of the town. A licensee shall comply at all times with all applicable federal, state
and town laws, rules and regulations, executive and administrative orders relating to non-
discrimination and equal employment opportunities requirements.
8. Each licensee shall comply fully with all applicable local, county, state and federal laws, codes,
rules and regulations.
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