HomeMy WebLinkAboutOrdinance 2012.13 Amending title 9 of the town code relating to business regulations�� . r� __
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,F. ANN RODRIGUEZ, RECORDER
Recorded By: Na�TC
DEPUTY RECORDER
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TOWN OF MARANA
TOWN CLERK
11555 W CIVIC CENTER DR
MARANA AZ 85653
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MARANA ORDINANCE NQ. 2012.13
$8.00
RELATING TO BUSINESS REGULATIONS; AMENDING THE MARANA TOWN CODE
TITLE 9"BUSINESS REGULATIONS", CHAPTER 9-4 ENTITLED "MASSAGE
ESTABLISHMENTS"; MODIFYING DEFINITIONS; MODIFYING APPLTCATION AND
RENEWAL REQUIREMENTS; MODIFYING INVESTIGATION PROCESS; ADDING
GROUNDS FOR AND MODIFYING PROCEDURES FOR DENIAL, SUSPENSION,
REVOCATION AND NONRENEWAL OF LICENSES; ADDING ACTIVITIES
CQNSIDERED TO BE UNLAWFUL; MODIFYING REQUTREMENTS RELATED TC?
RETENTION O�' RECQRDS; MODIFYING REQUIREMENTS RELATED TO LISTING OF
MANAGERS AND MANAGER PRESENCE AT ESTABLISHMENTS; MAI�ING CERTAIN
OTI-�R CLARIF'ICATIONS; AMENDING TOWN CODE SECTIONS 9-4-2, 9-4-8, 9-4-9, 9-4-
12, 9-4-13, 9-4-14, 9-4-15, 9-4-16, 9-4-18, 9-4-19, 9-4-20, 9-4-21, AND 9-4-22; AND `
DECLARING AN EMERGENC�.
WHEREAS the Town is authorized by A.R.S. § 32-4258 to adopt and enforce regulations
affecting the establishxnents, locations and settings in which individuals, entities and businesses
�ngage in the practice of massage therapy; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFOR�, BE IT OIZDAINED BY THE MAYOR AND COUNCII, C?F THE
T4WN OF MARANA, as faliows:
SECTION 1. The amendments to the Marana Town Code Title 9"Business Regulations",
Chapter 9-4 entitled "Massage Establishments", three copies of which are on file in the ofFice of
the Tawn Clerk of the Town af Maarana, Arizona, which were made a public record by and
atta.ched as Exhibit A to Resolution No. 2012-098 af the Town of Marana, Arizona, are hereby
referred to, adop#ed and made a part of this ordinance as if fii11y set out here.
SECTI4N 2. The various town officers and employees are authorized and direct�l ta
perform all acts necessary or desirable to give e£�'ect to this ordinance.
SECTION 3. .All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinanc� are hereby repealed,
effeetive as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutianai by the decision of any court of
competent jurisdictian, the decision shall not affect the validity of tbe remaining portions of tlus
ordinance.
1t+larat►a ora�nance Zo12.13 - 1 -
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SECTION 5. Since it is necessary for the preservatian of the peace, health and safety of
the Tawn of Marana that tlus ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance sha11 be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TQWN OF
l�tiARANA, ARIZONA, this 4�' day of December, 2012.
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Mayor Ed Honea
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Marana (hdinance 2012.13 - � -
WHEN RECORDED, RETURN TO:
TOWN OF MARANA
ATTN: TOV�N�CLERK'
11555 W CNIC CENTER DRIVE
MARANA, ARIZONA 85653
��``'�� � OFFICIAL RECORDS OF
� �� 75 � PINAL COUNTY RECOfiDER
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DAT E/T I M E: 01 ! 14J2013 1214
FEE: $8.00
PAGES: 2
FEE NUMBER: 2013-003293
II�����I�������
MA]ItANA ORDINANCE NQ. 2012.13
RELATING TO BUSINESS REGULATIONS; AMENDING THE l�tiAItANA TOWN CODE
TiTLE 9"BUSINESS REGULATIONS", CHAPTER 9-4 ENTITLED "MASSAGE
ESTABLISHMENTS"; MODIFYING DEFINITIONS; MODIFYING APPLICAT'ION AND
RENEWAL REQUIREMENTS; MODTFYING INVESTIGATION PR�CESS; ADDING
GROUNDS FOR AND MODIFYING PROCEDURES FOR DENIAL, SUSPENSION,
REVOCATION AND NONRENEWAL OF LICENSES; ADDING ACTNITIES
CONSIDERED TO BE UNLAWFUL; MODIFYING REQUIREMENTS RELATED TO
RETENTION OF RECORDS; MODIFYING REQUIREMENTS RELATED TO LISTiNG OF
MANAGERS AND MANAGER PRESENCE AT ESTABLISHMENTS; MAKING CERTAIN
OTHER CLARIFICATIONS; AMENDING TOWN CODE SECTIONS 9-4-2, 9-4-8, 9-4-9, 9-4-
12, 9-4-13, R-4-14, 9-4-15, 9-4-1fi, 9-4-18, 9-4-19, 9-4-20, 9-4-21, AND 9-4-22; AND
DECLARING .AN EMERGENCY.
WHEREAS the Toum is authorized by A.R.S. § 32-4258 to adopt and enforce regulations
affecting the estal�lishments, Iocations and settings in which individuals, entities and businesses
engage in the practice of massage therapy; and
WHEREAS the Town Council fmds that the regulations esta,blished by this ordinance are
necessary far the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL QF THE
TOWN OF 1��f AR.ANA, as follows:
SECTION 1. T'he amendments to the Marana Town Code Title R"Business Regulations",
Chapter 9-4 entitied "Massage Esta.blishments", tbree capies af which are on file in the off ce of
the Town Clexk caf the Town of Marana, Arizona, which were made a public record by and
attached as E�ibit A to Resoiution No. 2012-098 of the Town of Marana, Arizona, ars hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The vazious town officers and employees aze authorized and directed ta
perform all acts necessary ar desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
ar motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the ef�ective date of this ordinance.
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 af
competent jurisdicfiion, the decision sha11 not affect the validity of the remaining portions of this
ordinance.
Marana Ordinance 2012.t3 - l -
SECTION 5. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this ordinance become immediately effective, an emergency is hereby
declared to e�st, and this ordinance shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND. COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4�' day of December, 2012.
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ayor Ed Honea
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Mazana Ordinance 2012.13 - 2 -
MA]L2AlvA RESOLUTION N0. 2012-098
RELATING TO BUSINESS REGULATIONS; DECLARING AS A PUBLIC RECORD FILED
WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE
N0.2012.13 TO M[ARANA TOWN CODE TITLE 9"BUSINESS REGULATIONS,"
CHAPTER 9-4 ENTITLED "MASSAGE ESTABLIS��VVIEENTS"
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Mazana Town Code Title 9"Business
Regulations," a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, are hereby declared to be a
public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 4�' day of December, 2412.
G%���---
Mayor Ed Honea
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Marana Resolurion 2012-Q98 11f27/12
EXHIBTl A TO MARANA RESOLUTION NO. 2012=098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana Ordinance Na 2012.13
SECTION 1. Section 9-4-2 of the Marana Town Code is hereby revised as follows with
added text shown with double underlinin� and deletions shown with s��e-et�t-�e�:
9-4-2 Definitions
The following definitions shall apply throughout this chapter unless the context
cleazly indicates otherwise.
A. "Applican�' means a person who applies for a manager license or a massage
establishment license. The applicant for a massage establishment license must
be an owner of or a controlling person in the establishment or a person who
has day-t�-day operational control or responsibility for the establishment,
such as a manager. If the applicant is a corporation, firm, partiiership,
association, organization or any other group acting as a unit, only one natural
person need serve as the applicant for purposes of this chapter; however, that
natural person must be an owner of or a controlling person in #he
esfiablishment or a person who has day-to-day operational control or
responsibility for the establishment, such as a manager.
B. "Clien�" means an individual who enters into an agreement far massage
therapy����il for a fee, income or compensation of a� �.� kind.
C. "Controlling person" means any individuai who has a 20°� or greatex in#erest
in the ownership or the earnings of the business.
D. "Designated agent" means the individual designated by the applicant �
'hcensee who will be the responsible party to receive town notices pursuant to
this chapter.
E. "Employ" means to hire, or to engage or authorize the services of, without
regazd to compensation, any individual, on a full-time, part time, or contract
basis, whether or not the person eanployed, hired or engaged is designated an
employee, independent contractor, or sublessee.
F. "Employee" means any person wha performs any service at a massage
facility on a fu1l-time, part time or contract basis, whether or not the person is
designated an eamployee, independent contractor, or sublesaee. Employee
does not indude a person exclusively at the massage facility for repair or
maintenance of the massage facility or for the delivery of goods to the
licensee.
G. "Knowingly" means with respect to conduct or a circumstance described by
this chapter, that a person is aware or believes that his or her conduct is of
that nature or that the circumstance exists. It dces not require any knowledge
of the unlawfulness of the act or omission.
H. "Licensee" means the per�on in whose name a massagg estabLhment or
m��� lieense has been issued by the license inspector pursuant to this
chapter. If the licensee is a corporation, firm, partnership, association,
Exhibit A to Marana Resolution No. 2012-098
1
EXHIB�'1'A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, �'itde 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to Marana
Ordinance No. 2012.13
organization or any other group acting as a unit, each owner, controlling
person and corporate officer shall be considered a licensee for purposes of
this chapter.
I. "Manager' means an individual authorized by the massage establishment
licensee to exercise o�erall operational control of the business, to supervise
employees, or to fulfill any of the functions required of a manager by this
chapter.
J. "Massage or touching techniques' means any of the following nanted
subjects and methods of treatment intended for use upon or in connection
with the human body: oi1 rubs; alcohol rubs; salt glaws; hot or cold packs;
, , ; herbal wraps; and touching procedures
upon the e�cternal parts of the body by use of the hands, forearms, elbows,
knees or feet, or by any electrical, me�chanical or vibratory apparatus,
including stroking, fric�tion, kneading, rolling, vibrating, cuPP�� Pe��g��
rubbing, effleurage and tapotemen�
K. "Massage establishmen�' means any piace of business or establishment
where any of the subjects or methods of treatrnent Iisted in paragraphs J or M
are administered, practiced or used, or from which is dispatrhed a person for
the purpose of administering, practicing or using any of the subjects or
methods of treatrnent list�ed in paragraphs J vr M.
L. "Massage therapist" means a person who is licensed pursuant to chapter 42
of title 32 of the Arizona revised statutes to engage in the practice of massage
therapy.
M. "Massage therapy" rneans any of the following that are undertaken to
increase wellness, relaxation, stress reductio� pain relief and postural
ixnprovemerit, or provide general or specific therapeutic benefits:
1. The manual application of compression, stretch, vi`bration or mobilization
of the organs and tissues beneath the dermis, including the components
of the musculoskeletal system, peripheral vessels of the circulatory
system and fascia, when �pplied primarily to parts of the body other than
the hands, feet and head.
2. The manual application of compression, stretch, vibxation or mobilization
using the forearms, elbows, knees or feet or handheld rnechanical,
electxical, water or vibratory devices.
3. Any combina.tion of range of motion, direcfied, assisted ox passive
movements of the joints.
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Exhibit A to Marana Resolution No. 2012-098
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EXHIBIT A TO MARANA ItESOLUTION NO. 2012-098
Amendments to the Marana ?'own Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establ ishments " pursuant to Marana
Ordinance No. 2012.13
N. "Person" means a corporation, firm, parhiership, association, organization
and any other group acting as a unit, as well as an individual. It includes a
trustee, receiver, an assignee, or similar representative.
O. "Private anatornical areas" means the genitals, perineum and anal region of
any person and the area of the breast that includes the azeola and the nipple
of any female person.
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SECTION 2. Section 9-4-8 of the Marana Town Code is hereby revised as follows with
added text shown with double underli�in�:
9-4-8 New license applicaHon; fees• sunvlemental informatio
A. Any person desixing to obtain a massage establishment or manager license
shall apply to the license inspector on the form pxovided by i-he license
inspector for that purpose. 'Tiie license inspector shall refer the application to
the appropriate town departments for investigation
B. Each application shall be accompanied by a non refundable application fee
and a first year license fee as set forth by a fee schedule approved by the '
council and amended from time to time. If a license applicatian is denied, the
first year license fee will be refunded to the agplicant
C. In addition to the fees required by paragraph B, each person required fio
submit fingerprints pursuant to this chapter shall pay the license inspector
the fee established by the director of the Arizona department of public safety
for the processing of fingerprints pursuant to this chapter and A.R.S. § 41-
1750.
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Exhibit A to Marana Resoiution No. 2012-098
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EXHIBIT A TO 1l�ARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana Ordinance 1Vo. 2012.13
SECTION 3. Section 9-4-9 of the Marana Town Code is hereby revised as follows with
added text shown with d le underlinin�:
9-4-9 Massage establishment license application; separate license; husband
and wife; additional rec�uirements
A. Each application for a massage establishment license shall consist of, as
applicable, the following:
1. The full legal name, business name, business phone number, legal form of
applicant, current residential phone number and current residence or
Iegal address of the applicant.
2. Physical description and date and place of birth of the applicant.
3. Any other names by which the applicant has been known.
4. The addxess at which t�e applicant desires to do business.
5. The applicant's mailing address for purposes of receiving town notices
and other licensing correspondence relating to the applicant, the licensee,
or the enforcement of this chapter.
b. The business hours for the establishxnen�
7. All residence addresses of the applicant for the �ive-year period prior to
the date of application and t�ie dates of residence at each.
8. The naxne or names of all managers and the designated agent.
9. The name or names of all controlling persons.
10. The applicant's business, occupation and employment history for the five-
year period immediately preceding the date of application, including
addresses and dates of employment.
11. Written proof, in the form of a current driver's license with picture, or �
other current picture identificatian document issued by a governmental
ageney, that the applicant has reached the age of 18 years.
12. The business license history of the applicant; whether the applicant, while
operating in this or another city or state under license, has had a previous
license revoked or suspended, the reason for the revocation or
suspension, and the business activity or occupation subsequent to the
suspension or revocation.
13. All felony and misdemeanor convictions of the applicant, excluding fihose
for civil ixaffic offenses, and the grounds for eaeh conviction.
14. A full 'set of fingerprints on a standard fingerprint card, recorded by the
police department for each of the following individuals:
a. All applicants
b. All owners of and controlling persons in the establishment
Exhibit A to Marana Resolution No. 2012-098
4
EXHIBIT A?'O MARANA RESOLUTION NO. 2012-098
Amendments to the Marana Town Code, Title 9`Business Regulations, "
Chapter 9-4 "Massage Establ ishments " pursuant to Marana
Ordinance No. 201 Z. � 3
c. The designated agent
15. The articles of incorporation, articles of organiz.ation, or certificate of
limited parinership, together with any amendments, for the applicant, as
applicable.
16. A list of services to be offered by the massage establishment.
17. A site plan showing the configuration of the overall business premises
and a floor plan containing the information required by this pazagraph.
- The plans need not be professionally prepared but must be at least 8�/z
inches by 11 inches in size. The floor plan shall include the following.
a. The location of all interior doors, walls, curtains and room dividers.
b. A description of the use of each interior space or room, including a
designation, by type of use, of each room or space available for
massage or touching techniques or massage therapy by the applicant
c. A designation of each room or space that is being, or is intended to be,
leased, subleased or licensed for use by any pexson other than the
applicant and a description of its intended and actual use.
d. A designation of each room Qr space that is being, or is intended to be,
leased, subleased, or licensed for use by any person other than the
applicant for purposes of offering massage or touching techniques or
massage therapy and a descxiption of its int�nded and actual use.
e. The location of the business license required to be clisplayed pursuant
to this chapter.
18. One digital photograph of the applicant taken by the license inspector or
designee at the time of application.
19. Any ather identification and information the license inspector may
recluire•
20 The name or names of all em�lovees of the massa�e establishment.
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Exhibit A to Marana Resolution No. 2012-098
5
F.XHIBIT A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "�I�fassage Establishments"pursuant to Marana
Ordinance No. 2012.13
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� A single license shall be issued to an applicant that consists of a husband and
wife.
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SECTION 4. Section 9-4-12 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin�:
9-4-12 License application investigation; authority to receive criminal history
record information; use of crintinal history record information�
ori i to dela li� cens�� decision
A. Any applicant for a massage establishment license or a manager license
issued pursuant to this chapter shall personally appear at the office of the
license inspector and shall present the application containing the information
required by this chapter.
B. The tawn shall have a reasonable time within which to investigate the
app]ication and the background of the applicant, all owners and controlling
persons, the designated agent and the manager. The investigation shall
include an inspection of the premises of the rnassage establishment or
proposed massage establishment by the appropriate town departments, as
well as any appropriate federal, state or county agencies, for the purpose of
ensuring compliance with this chapter and any code, statute or regulation
relating to human health, safety or welfare or strucharal safety. Based on the
investigation, th� departments shall recontmend to the license inspeetor
approval or denial of the license.
C. Pursuant to A.R.S. § 41-175Q, the town is hereby authorized to receive
criminai history record information for the purpose of evaluating the fiiness
of cuxrent and prospective rnassage establishrnent licensees, including
applicants, Q� controlling persons and designated agents, and current
, and prospective massage establishment manager licensees.
Exhibit A to Marana Resolution No. 2Q12-098
6
EXHIBTl A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
f?rdinance No. 2012.13
D. Pursuant to A.R.S. § 41-1750 and public law 92-544, the town shall submit all
fingerprints obtained pursuant to this chapter to the Arizona department of
public safety for the purpose of obtaining state and federal criminal history
record information The Arizona department of public safety is authorized to
e�cchange this fingerprint data with the federal bureau of inves#igation.
E. Criminal history record information obtained by the town pursuant to this
chapter shall be used only for the purpose o€ evaluating the fitness of current
and prospective massage establishment licensees, including applicants,
�x� controlling pexsons and designated agents, and current and
prospective massage establishment manager licensees. The town shalt
comply with all relevant state and federal rules and regulations regarding the
dissemination of �rirnixial hisi�ry record information.
F Notwithstand��,�anv other �rovision of this c�nter the L��n� insnecfior
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� SECTION 5. Section 9-4-13 of the Marana Town Code is hereby revised as follows
with added te�ct shown with double underlinin�:
9-4-13 License renewal
A. Within ane year of the issue dat� for the previously effective license, all
licensees under this chapter wishing to remaixi licensed shall apply for
renewal on a form estabiished by the license inspector. The renewai form
must be submitted at least 60 days prior to the renewal date with the
applicable renewal fee, as set forth in the fee schedule approved by the
council and amended from time to time. For a rnassage establishment license
renewal, the license� must submit a current listing of massage therapis#s
working at the establishment, and each massage therapist's Arizona state
license number with date of license expiration.l'.�� 1�' en_� must also submit
a current listin� of mana�ers working at the establishment and each
Exhibit A to Marana Resolution No. 2012-098
7
EXHIBIT A 7'O MARANA RESOL UTION NO. 2p12-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage EstaBlishments " pursuant to Marana
Ordinance No. 2012.13
�ger's town li Pn� numl��r with date of license��ation The license
inspector is authorized to investigate and obtain necessary information to
° update the original license application and to determine whether the license
should be renewed. For a massage establishment license renewal, the
investigation may include an inspection of the premises of the massage
establishment by the appropriate town departments, as well as any
appropriate federal, state ar county agencies, for the purpose af ensuring
compliance with this chapter and any code, statuts or regulation relating to
human health, safety or welfare or structural safety. No license shall be
renewed unless the licensee complies with all provisions of this chapter.
B. A licensee who faiLs to apply for renewal at least 60 days prior to the renewal
date shall be subject to a late renewal penal.ty fee in accordance with the fee
schedule approved by the council and amended from time to time. If the
licensee fails to start the renewal process at least 30 days prior to the license
renewal date, the license shall expire and become null and void. Licensees
who fail to apply to renew their license yet who wish to continue operating
or managing massage establishments must file a new application for license
and may not operate or ntanage a massage establishntent until a new license
has been issued.
SECTION 6. Section 9-4-14 of the Marana Town Code is hereby revised as follows
with added text shown with �ouble underlinin� and deletions shown with s��ke-ea�:
9-4-14 Denial, suspension, revocation or nonrenewal of license
A. The license of a massage establishment or license of a manager may be
denied, revoked, suspended for a period not to exceed �A �Q calendar days, or
denied renewal upon any one or more of the following grounds:
1. The applicant, licensee��g �a�,ent or controlling person is giulty of
fraud in conducting the business of a massage establishment or of fraud
or deceit in obtaining a license.
2. The applicant, licensee, a� or controlling person has been
convicted within the past five years in a court o# competent jurisdietion of
a felony or misdemeanor offense having a reasonable relationship to the
functions of a massage establishment or a massage therapist����lu�
but not limited to anv offense involving dishonest� deceit theft
assaultive conduet or sexual misconduc� The fact that the canvictio is
b��'_ng annealed or has been set aside shall have no effect.
3. The applicant, licensee desi���_ag.ent or controlling person has been
convicted within the last five years of any offense proscribed by title 13,
chapters 14, 32, and 35.1 of the Arizona revised statutes, or any offense
committed outside ttus state ar town that if committed in this state or
Exhibit A to Marana Resolution No. 2012-098
8
EXHIBIT A TO MARANA RESOLZI7'ION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
Ordinance No. 2012.13
town would constitute a violation of any offense proscribed by title 13,
chapters 14, 32, and 35.1 of the Arizona revised statutes. 'r'he fact that the
conviction is being avvealed or has been set aside shall have no effect.
4. The applicant, licensee, desip,nateci agent or controlling person is guilty of
untrue, fraudulent, misleading, or deceptive advertising.
5. The applicant, licensee, desi,gnated agent or controlling persan is engaged
in the business of massage therapist, manager, or massage establishment
under a false or assumed name, or is impersonating another therapist or
manager of a like or different name.
6. ,
��+�ie�s A i�y violation of this chapter. This paragraph shall aPP
regardless of the location at which the violation occurred.
7. In the case of a massage establishment, any person who did not qualify as
a controlling person at t�e time the license was issued has acquired a 20°,G
or greater interest in the licensee.
8. In the case of a massage establishment, the massage establishment has
operated at a location that has not been licensed for use by the town.
9. In the case of a massage establishment, the licensee has
ceased to use the license for purposes of offering massage therapy. The
failure to offer massage therapy at a massage establishment for 30
consecutive days shall create a rebuttable presumption that the a�g��
'hcensee has ceased to use the license for purposes of offering xnassage
therapy.
10. In the case of a massage establishment, the applicant or licensee has €ailed
to maintain in the records of the license inspector the name of an
individual as a designated agen�
11. The applicant, licensee, manager �Y em.p_1Q� or �he designated agent
has photographed a customer while the customer was on the premises of
a massage establishment and located within any treatment room,
restroom� locker room or dressing room, without the express, written
permission of that customer. For purposes of this subparagraph the word
"photographed" shall mean the use of any electronic or mechanical
device to record, reproduce or transmit an optical image.
12. The applicant, licensee, desi� te�d agent. mana�er or controlling person
knows or should have known that sexua� acts sexual activitv, solicitation
prosiitution, indecent exposure or pornographic acts are occurring or
have occurred in the operation of the massage establishment
13. The license application was falsified.
Exhibit A to Marana Resolution No. 2012-098
9
EXHIBIT'A TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to �Iarana
Ordinance No. 2012.13
14. The applicant, licensee, desig���ent or a controlling person has an
outstanding warrant for his or her arrest.
15. The applicant was a controlling person for a massage establishment
license that was revoked within the previous five years for an act or acts
that occurred while the controlling person was a controlling person for
the licensee.
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Exhibit A to Marana Resolution Na 2012-098
10
EXHIBTlA TO MARANA RESOLUTIONNO. 20i2-098
Amendments ta the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Mararta
Ordinance No. 2012.13
studio �rt studio�motion �icture studio/theater or televhone answerine
�
26 An other reasan or reasons deemed sufficient b the license ins�nector, as
Ion� as the reason or reasons are based uvon statutes, ordinances, codes or
��bstantive �o ` tatements which �ovide �ustification for the denial,
��nsion revcxation or nonrenewal of the license
B. The massage establishment license shall be denied if any of the following
persons would be disqtxalified under this chapter:
1. The president or other executive officers of a corporate applicant;
2. Each general partiier of an applicant that is a limited partnersliip or any
partner of a non ]imited partnership applicant;
3. The managing member, officer or employee of the applicant;
4. Any controlling person of the applicant.
C. If a licensee appeals the suspension, revocation or nonrenewal of a�existin�
license pursuant to the appeal prov�isions of this chapter, the licensee shall be
permitted to continue operations under the previously effective license until
resolution of the appeal
SECTION 7. Section 9-4-15 of the Marana Town Code is hereby revised: as follows
with added text shown with double underlinin� and deletions shown with ��e-et���:
9-4-15 Procedure for dezual, suspension, revocation or nonrenewal; appeals
A. If the license inspectar determines that grounds exist to deny, suspend or
revoke an application or license, or to deny renewal of a license, the license
inspector shall notify the applicant or licensee in writing of the denia�
suspension or revocation The notice shall include justification for the clenial,
suspension or revocation with references to the statutes, ordinances, codes or
substantive policy statements on which the denial, suspension or revocation
is based�-� Ti�e x�. 'ce shall be �ersonallv served uvfln the licensee or u�on
anv res�nsible }�erson at the business ad ess on file with the license
ins,r�e.ctor or at the actual business address. if different, or mailed by �erkified
mail or o method far which �roof of recei�t� be obtained: b�the
'cense ins��� to the addxess of the applicant or licensee listed in �tie
current yeai's license application or renewal application o the business
address of the agvlicant or lice�s��. The notice shall also include an
explanation of the applicant's or licensee's right of appeal. The effective date
of the notice shall be the date the notice is actually received.
B. Within ten business days after the effective date of the notice, the applicant or
licensee may provide a written �e�se�� request for an appeal hearing to
the license inspector, which shall include a statement of reasons why the
Exhibit A to Marana Resolution No. 2012-098
11
EXHIBI'1'A TO MARANA ItESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "�I�fassage Establishments"pursuant to Marana
Ordinance No. 2012.13
license should not be denied, suspended or revoked. If fihe license inspector
does not receive a�es�e�se �...�c�uest for a�Z�al hearin� within this tinne
period, the denial, suspension or revocation shall be final.
C. Within seven business days after receipt of the applicanYs or licensee's
�es}�e�se �ec�uest for avneal hearino,, the license inspector shall either grant
the license or rescind the suspension or revocation� or schedule an appeal
hearing before the hearing officer, as designated by the town manager t�r�
tawn council. The applicant or licensee shall be notified in writing by
e�� an� of the means' specified in �;�,�r }�h A of thLS�. s� of the
date, time and location of the hearing. The hearing shall be scheduled not less
than 15 and no more than 30 calendaz days after receipt by the license
inspector of the applican�s or licensee s�es�e�se-a� request for hearing.
The hearing shall be conducted in an informal manner and the rules of
evidence shall not apply. The applicant or licensee may be represented by an
attorney.
D. Within five business days after completion of the hearing, the hearing officer
shall render a written decision and shall cause � a copy of the decision tQ
��_� by certified mail to the address specified by the applicant or
licensee. The hearing officef s decision shall be deemed final five business
days after it is rnailed and shall constifixte final administraiive action.
E. After a denial, suspension or revocation has been upheld by the hearing
officer, the applicant or licensee may seek judicial review of the
administrative action in any court of competent jurisdictionn
SECTION 8. Section 9-4-16 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin� and deletions shown with st�e-e�e��:
9-4-16 Application after denial e� revocation or nonrenewal
No applicant may apply for a license within one year of the date af a denial,
revocation or nonrenewal of the applicant's license, unless the cause of the
denial, s�er�sie� revocation, or nonrenewal has been remedied to the
satisfaction of the license inspector and at least 90 calendar days have elapsed
sinee the effective date of the denial, revocation or nonrenewal.
SECTION 9. Section 9-4- Z 8 of the Mazana Town Code is hereby revised as follows
with added text shown with double underlinin�:
9-4-18 Inspection of massage establishments
An applieant for a massage esfi�ablishment license, a controlling person �
�esi�nated agent for a licensee, a manager, or a licensee shall permit
representatives of the police department, any other town department and any
Exhibit A to Marana Resolution No. 2012-098
12
EXHIBTIA TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
� Ordinance No. 2012.13
other federal, state or county agency in the performance of any function
connected with the enforcement of this chapter or any code, statute or regulation
relating to human health, safety or welfaze or structural safety, normally and
regularly conducted by the agency, to inspect the premises of a massage
establishment for the purpose of ensuring compliance with the law at any time it
is lawfully oceupied or open for business. The inspection authorized by this
sectian shall be limited to:
A. All areas of the premises available to patrons, provided that no inspection
shall be done of a room occupied by a patron until the patron has been given
a reasonable opportu.nity to dress, gather his or her personal effects and exit
the room.
B. All dressing, toilet, bafilung and wash �sin facilities.
C. Any locaiion used to disinfect and sterilize equipment.
D. Any location used to store linens.
SECTION 10. Section 9-4-i9 of the Marana Town Code is hereby revised as follows
with added text shown with double underluun$ and deletions shown with s��
9-4-19 Massage establishment special requirements
An. existin� massage establishment �.e�xsee shall comply with the following
requirements and no massage establishment license shall be issued �
��licant unless inspection by a town department or, where appropriate, a
federal, state or county agency indicates that the site of the establishment
complies with each o€ the following requirements,.: The licensee owner
cnni-�ciliin nerson. desi�nated a� t and/or mana�er shall ensure that the
massage establishment is in com�liance with the �rovisions of this section.
A. A readable sign shall be permanenfly affixed at the main entrance to the
business identifying the business as a massage establishment.
B. Lighting consisting of a minimum of one 40 watt incandescent or equivalent
bulb shall be provided, and used, in each room or enclosure where services
are performed on patrons.
C. Ventilati.on shall be provided in accordance with Error! Reference source not
found. of the town code.
D. Adequate equipment shall be provided for disinfecting and sterilizing
instruments used in administering or practicing any of the subjects or
methods of treatment administered or practiced by the establishmen�
E. Closed cabiriets shall be provided, and used, for the storage of clean linens.
F. Notwithstanding any other requirement of this chapter, a m�n1mum of one
shower or tub shall be provided for any establishmen# offering any
Exhibit A to Marana Resolution No. 2012-098
13
EXHIBIT A TO MARANA RESOL UTION NO. 2012-098
Amendments to the Marana Town Code, T'itle 9"Business Regulations, "
Chapter 9-4 "111assage Establishments"pursuant to Marana
Ordinance No. 2012.13
hydrotherapy services including whirlpool baths, saunas, steam baths, and
herbal wraps.
G. Any pool or spa shall be issued a permit and inspected as required by the
Marana pool and spa code.
H. All walls, ceilixigs, floors, showers, bathiubs, steam rooms, and all other
physical facilities within the establishment must be in good repair and
maintained in a clean and sanitary condition, Wet and dry heat rooms, steam
or vapar rooms or cabinets, toilets and wash basins shall be thoroughly
cleaned each day business is in operation. Shawer compartments and
bathtubs, where provided, shall be tharoughly cleaned after each use.
I. Qean and sanitazy sheets and towels shail be provided for each patron of the
establishment. The head rest of each table shall be provided with a clean and
sanitaiy covering for each patron.
J. A hand wash basin hall be nrovided in each treatrnent room �rovidin�
vd_rothera� services, inclu ' whir tiool baths, saunas, steam baths and
�er��s•
� All wash basins within an establishment i c1L ini� han�l waStt UaSiils shall:
have hot and cold running water, tempered by me�ans of a mixing valve
faucet at all times; provide sanitary towels placed in permanently installed
dispensers or upon a permanently attached roll dispenser; and provide soap
in a soap dispenser that is placed on or near the wash basin, �-�d-�as�t
,� . , •
SECTION 11. Section 9-4-20 of the Marana Town Code is hereby revised as follows
with added text shown with double underlinin� and deletions shown with st�e-ca�:
9-4-20 Unlawful activities, definition; duty of manager
A. It is ur�lawful:
1. For any person to knowingly empioy any other person to offer massage
therapy who dces not hold a current, unrevoked and unsuspended
massage therapy license issued by the state of Arizona.
2. �or anv verson �to employ a massage therapist whose true name and
state-issued massage therapist license number has not been previously
provided to the license inspector on the form prescribed by the license
inspe�tor for that purpose. ,
3. For any person to knowingly employ at a massage establishment a
manager who has been con�icted within the previous five years of any of
the offenses listed in section 9-4-14.A.2 or A.3.
Exhibit A to Marana Resolution No. 2012-098
14
F�HIBTI A TO MARANA RESOLUTION NO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chrrpter 9-4 "Massage Establishments " pursuant to Marana
Ordinance Na 2012. I3
4. For any person to offer massage or touching techniques or massage
therapy in any room or space of the business that has not been
specifically identified as a room or space available for those services on
the sketch or diagram required. to be submitted to the license inspector
pursuant to this chapter.
5. For any person to offer massage or touching techniques or massage
therapy in a room or space designated as leased, subleased or licensed far
use by any ofiher person on the sketch or diagram required to be
submitted to the license inspecfior pursuant to this chapter.
6. For any massage establishment to remain open for business, to provide
services, to dispatch massage therapists, or to permit massage therapists
to work off the premises on behalf of that massage establishment at any
time between the hours of midnight and 6:Q0 A.M.
7. For any rnassage establishment to be open for business during hours that
have not been provided to the license inspector as required by this
chapter.
8. F.�ccept as provided in this chapter, fo�.v verson to employ any person
to act as a manager at any massage establishment who is not licensed as a
manager pursuant to this chapter.
9. For any person to knowingly conduct or operafie a massage establishment
on the same business premises whereon is also conducted or operated a
sexually oriented business as defined in title 9 of the town code, or a bar,
cocktail lounge, photography studio, model siudio, art siudio, motion
picture studio/theater or telephone answering service.
10. For any person, while on the premis�s of a massage establishment, to
knowingly provide or offer to provide any service:
a. In a manner or under circumstances intended to arouse, appeal to or
gratify sexual desires.
b. In such a manxter that the person touches the private anatomical areas
of the inclividual receiving the treatment.
c. While the person providing the treatment is clothed in a manner that
faiLs to cover his or her private anatomical areas with an opaque
material.
11. For any person on the premises of a massage establishment to
intentionally view a completely or partially disrobed massage
establishment client if the viewing is not related to treatrnent under
current practice standards and is intended to appeal to the prurient
interest of the massage therapist or the massage establishment client
Exhibit A to Marana Resolution No. 2012-098
15
F.XXHIBIT A TO MARANA RESOL UTIONNO. 2012-098
Amendments to the Marana Totivn Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments"pursuant to Marana
Ordinance No. 2012.13
12. For any person, while on the premises of a massage establishment, to
knowingly ask� e� direct Q�r ] o a� client to:
a. Touch his or her own anus, genitals or breasts in the resence of
����•
b. Touch the anus, genitals or breasts of any person on the premises.
c. Expose his or her genitaLs, anus or breasts to any person on the
premises with-the intention of appealing to the prurient interest of the
massage therapist or the massage establishment clienk
13. For any person, while on the premises of a massage establishment, to
knowingly place any part of the body of a� client in direct or
indirect contact with the anus, genitals or breasts of any other person on
the premises.
14. For any person, while on the premises of a massage establishment, to
knowingly offer a�� any service in exchange for a gratuity or
compensation of any description, that dces not appear on the schedule of
services required by this chapter.
15. For any person to knowingly operate or maintain a massage
establishment at a location that has not been licensed by the license
inspector.
16. For any person to knowingly use a massage establishment as living or
sleeping quarters.
17. For any person to knowingly provide the services of a manager to a
massage establishment without a manager license,
18. For an em�lovee of a massa�e establishment, while on the �remises of a
�tassage establishment to �g in an� sexual activiiv with a client or
other on.
19 For anv en�nlovee of a ntassa�e estabiishment while on the vremises af a
�,�;Q estabLhsn�,nt,�o allow a client #o t�uch•�rivate anatomical
�r� o# the massa�e establishment �lo�
0 Far anv verson while on the premises of a massage establishment, to
knowin�l�vrovide or offer to �rovide anv service to a client or another
�erson while the client's or other �ersori s�rivate anatomical areas are
e��c °sed•
21 For an�r �erson under 18 �ears of ag;e to obtain massa,�e thera�v services
unless that nerson is accomnanied bv i. /her �arent or legal guardian,
h_ as �a �hvsician's �rescri�tion for massage thera�v, or has a notarized
1 er from his/her �arent or leg�al �ardian authorizing the massa�e
_ e 'a
Exhibit A to Marana Resolution No. 2012-098
16
F,XHIBITA TO MARANA RESOLUTIONNO. 2012-098
Amendments to the Marana Town Code, Title 9"Business Regulations, "
Chapter 9-4 "Massage Establishments" pursuant to Marana
Ordinance No. 2012.13
22. For an�verson to �rovide massage thera�� services to anv��erson under
18 vears of aQe unless the nerson under 18 v� ears of a�e is accom�anied bv
'/her �arent or Iegal �uazdian, has a�hvsi. �'s_}�=�tion for
�ge thera��, or has a:notarized letter from his/her varent�or le�al
�uazdian authorizing; the massage theravv.
B. For purposes of this sectiox� the word "touch" shall include physical contact
that occurs through clothing or by means of any object.
C. � The licensee, owner, controllin erson, desi ted a ent or manager shall
not icnowingly fail to ensure that a massage establishment �� �•:'��^'�'�� �� �'��
�g�e�e� is in compliance with the provisions of this sectian,
SECTION 12. Section 9-4-21 of the Mara,na Tbwn Code is hereby revised as follows
with added text shown with double underlinin� and deletions shown with s�e-e�e�x-�:
9-4-21 Display of license; update, retention and inspection of records
A. Every on duty person to whom a massage establishment license, massage
therapist license or nianager license has been granted shall display the license
along with the corresponding photograph in a
conspicuous place upon the business premises that is clearly visible to the
general public upon entry to the business. All xnassage therapists shall
produce their license and produce a governmenf-issued ideniification
doeument upon request from an authorized agent conducting an inspection
pursuant to this chapter.
B. A massage establishment shall report the name of any person whose
employment at the massage establishment has terminated to the license
inspector within ten calendax days after terniixiation.
C. A massage establishment shall maintain records for each massage therapist
employed by that massage establishment on the business prenuses c���
the tLme the nL�.s_a_ge thPra 's �s P�l .vec_I at th_e estab.� and for a
period of 90 days after the date o# last employment of each massa.ge theragist.
These records shall include:
1. A copy of the state-issued massage therapist lice�nnse.
2. For every massage therapist who does not possess a state-issued massage
therapist license that bears a photograph of the licensee, a cleazly-legible
copy of a current picture identification document issued by a
governmental agency or such other identification as may be prescribed by
the license inspector.
D. A massage establishment sha]I maintain on the business premises a copy of
the most recent sketch or diagram required to be submitted to the license
inspector pursuant to this chapter.
Exhibit A to Marana Resolution No. 2012-098
17
EXHIBIT A TO MARANA RESOLUTION�lO. 2012-098
Amendments to the Marana Town Code, ?'itle 9"Business Regulations, "
Chapter 9-4 "Massage Establishments " pursuant to Marana
Ordinance �Vo. 2012.13
E. A licensee, Qwner, controllin�,,�nerson. desig��ted a�„ent. manager or
employee of a massage establishment shall make the records required to be
maintained by this section available for inspection upon demand by any law
enforcement officer or town regulatory license inspections official, during
any period of time that the business premises are open to the public or
lawfully occupied.
F. � e licensee, owner, controllin� person, desi�nated agent and/or manager
shall �8 ' ensure that a t�e massage establishment a�
��. ��e�e� is in compliance wi#h the provisions of this section.
SECTION 13. Section 9-4-22 of the Ma.rana Town Code is hereby revised as follows
with added text shown with double underlinine and deletions shown with ��e-ex��:
9-4-22 Manager � des�ai�e�; man� er, desi�ated agent or licensee
.
uire on remi.ses
Q� A massage establishment licensee shall maintain on fiie with the license
inspector, on the form provided by the license inspector for that purpose, �
current list of fihe name� and lieense number� of each person a�a�e�ed-�e
emvloved as a manager at the massage establishment
:
!� � r. •_ _��'.a -�.
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� . • • • • �1_ ! • � • • • y ',, • s '
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�i.�_ • • ' � r r � 'S " 1'��i
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Exhibit A to Marana Resolution No. 2012-098
18
WHEN RECORDED, RETURN TO:
TOWN OF MARANA
ATTN: TOV�N�CLERK'
11555 W CNIC CENTER DRIVE
MARANA, ARIZONA 85653
��``'�� � OFFICIAL RECORDS OF
� �� 75 � PINAL COUNTY RECOfiDER
.� • -�
DAT E/T I M E: 01 ! 14J2013 1214
FEE: $8.00
PAGES: 2
FEE NUMBER: 2013-003293
II�����I�������
MA]ItANA ORDINANCE NQ. 2012.13
RELATING TO BUSINESS REGULATIONS; AMENDING THE l�tiAItANA TOWN CODE
TiTLE 9"BUSINESS REGULATIONS", CHAPTER 9-4 ENTITLED "MASSAGE
ESTABLISHMENTS"; MODIFYING DEFINITIONS; MODIFYING APPLICAT'ION AND
RENEWAL REQUIREMENTS; MODTFYING INVESTIGATION PR�CESS; ADDING
GROUNDS FOR AND MODIFYING PROCEDURES FOR DENIAL, SUSPENSION,
REVOCATION AND NONRENEWAL OF LICENSES; ADDING ACTNITIES
CONSIDERED TO BE UNLAWFUL; MODIFYING REQUIREMENTS RELATED TO
RETENTION OF RECORDS; MODIFYING REQUIREMENTS RELATED TO LISTiNG OF
MANAGERS AND MANAGER PRESENCE AT ESTABLISHMENTS; MAKING CERTAIN
OTHER CLARIFICATIONS; AMENDING TOWN CODE SECTIONS 9-4-2, 9-4-8, 9-4-9, 9-4-
12, 9-4-13, R-4-14, 9-4-15, 9-4-1fi, 9-4-18, 9-4-19, 9-4-20, 9-4-21, AND 9-4-22; AND
DECLARING .AN EMERGENCY.
WHEREAS the Toum is authorized by A.R.S. § 32-4258 to adopt and enforce regulations
affecting the estal�lishments, Iocations and settings in which individuals, entities and businesses
engage in the practice of massage therapy; and
WHEREAS the Town Council fmds that the regulations esta,blished by this ordinance are
necessary far the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL QF THE
TOWN OF 1��f AR.ANA, as follows:
SECTION 1. T'he amendments to the Marana Town Code Title R"Business Regulations",
Chapter 9-4 entitied "Massage Esta.blishments", tbree capies af which are on file in the off ce of
the Town Clexk caf the Town of Marana, Arizona, which were made a public record by and
attached as E�ibit A to Resoiution No. 2012-098 of the Town of Marana, Arizona, ars hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
SECTION 2. The vazious town officers and employees aze authorized and directed ta
perform all acts necessary ar desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
ar motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the ef�ective date of this ordinance.
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 af
competent jurisdicfiion, the decision sha11 not affect the validity of the remaining portions of this
ordinance.
Marana Ordinance 2012.t3 - l -
• _ .
SECTION 5. Since it is necessary for the preservatian of the peace, health and safety of
the Tawn of Marana that tlus ordinance become immediately effective, an emergency is hereby
declared to exist, and this ordinance sha11 be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TQWN OF
l�tiARANA, ARIZONA, this 4�' day of December, 2012.
�
-�
Mayor Ed Honea
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Marana (hdinance 2012.13 - � -