HomeMy WebLinkAboutORD938ORDINANCE NO.938
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,REQUIRING FINGERPRINTING OF DESIGNATED LICENSEES
FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
FROM THE ARIZONA DEPARTMENT OF PUBLIC SAFETY AND THE FEDERAL BUREAU
OF INVESTIGATION;AND REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY
WHEREAS,it is in the best interest of the City of Apache Junction to
inquire into the character and past criminal conduct of licensees as sexually
oriented business operators,managers,adult services providers and employees;
and
WHEREAS,the Arizona Department of Public Safety maintains a Central State
Repository for the purpose of receiving fingerprints and maintaining information
concerning arrests and convictions of persons for public offenses in Arizona;and
WHEREAS,the Arizona Department of Public Safety is authorized pursuant to
Arizona Revised Statutes Annotated §41-1750(G)(2)to provide criminal history
record information to the City of Apache Junction to evaluate the fitness of the
above -referenced licensees;and
WHEREAS,the Federal Bureau of Investigation is authorized pursuant to 28
C.F.R.20,Public Law 92-544 to exchange identification records with officials
of state and local governments for the purpose of licensing.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION 1.IN GENERAL.
Each of the following current and prospective licensees shall provide one (1)
full set of fingerprints to the City of Apache Junction City Clerk.The City
Clerk shall forward these fingerprints,accompanied by the appropriate fees,to
the Arizona Department of Public Safety for the purpose of obtaining a state and
federal criminal history background records check.The Arizona Department of
Public Safety is authorized to exchange this fingerprint data with the Federal
ORDINANCE NO.938
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Bureau of Investigation.The City Clerk of the City of Apache Junction is hereby
authorized to receive any criminal history information needed for the
determination of whether the license is approved or denied.
sexually oriented business operators;
sexually oriented business managers;
sexually oriented business employees;and
sexually oriented business adult services providers.
SECTION II.REPEALING OF CONFLICTING ORDINANCES.
All ordinances and parts of ordinances and/or provisions of the Apache Junction
City Code which are in conflict with the provisions of this ordinance are hereby
repealed.
SECTION III.PROVIDING FOR SEVERABILITY.
I f any section,sub -section,sentence,phrase,clause or portion of this
ordinance or any part of the Code adopted herein by reference 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
portion thereof.
SECTION IV.DECLARING AN EMERGENCY.
WHEREAS,i t being necessary for the peace,health and safety of the City of
Apache Junction,Arizona,an emergency is declared to exist,and this ordinance
shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 3RD DAY OF NOVEMBER!,1998.
SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER ,1998.
ORDINANCE NO.938
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DOUGLAS OLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J.STERN
City Attorney
ORDINANCE NO.938
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