HomeMy WebLinkAboutORD1058ORDINANCE NO.1058
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT ENTITLED "AMENDMENTS TO CHAPTER 8 OF THE APACHE
JUNCTION CITY CODE ADDING A NEW ARTICLE 8-12 RELATING TO THE
LICENSING OF SEXUALLY ORIENTED BUSINESS OPERATORS,MANAGERS,
EMPLOYEES AND ADULT SERVICES PROVIDERS AND FINDINGS THEREOF"
DATED OCTOBER 9,1998,PURSUANT TO ARIZONA REVISED STATUTES
ANNOTATED ("A.R.S.")SECTION 9-802;REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALITIES;AND DECLARING AN EMERGENCY
SECTION I .IN GENERAL
That certain document entitled "Amendments to Chapter 8 of the Apache
Junction City Code Adding a New Article 8-12 Relating to the Licensing
of Sexually Oriented Business Operators,Managers,Employees and Adult
Services Providers and Findings Thereof"dated October 9,1998,three
copies of which are on file in the office of the City Clerk of the City
of Apache Junction,Arizona,and which was made a public record by
Resolution No.98-25,is hereby referred to,adopted and made a part
hereof as i f fully set out in this Ordinance,and as authorized by
A.R.S.§9-802.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance or any part of the code adopted herein by reference
are hereby repealed.
SECTION III.PROVIDING FOR SEVERABILITY
If any section,subsection,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 decisions shall not affect the
validity of the remaining portions thereof.
ORDINANCE NO.1058
PAGE 1 OF 2
SECTION IV.PROVIDING FOR PENALTIES
Any violation under this Article is punishable pursuant to Apache
Junction City Code Chapter 1,General,Article 1-8(A).
SECTION V.DECLARING AN EMERGENCY
It being necessary for the preservation of the peace,health and safety
of the City of Apache Junction,Arizona,that this ordinance become
effective immediately,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 5TH DAY OF NOVEMBER ,1998.
DOUGLAS MLEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
/1•398
RICHARD J.STERN
City Attorney
ORDINANCE NO.1058
PAGE 2 OF 2
AMENDMENTS TO THE APACHE JUNCTION
CITY CODE,CHAPTER 8,BUSINESS,
DATED OCTOBER 9,1998
FINDINGS
The Mayor and City Council of the City of Apache Junction hereby find
that:
(a)The Mayor and City Council,in adopting this ordinance,take
legislative notice of the existence and content of the following studies
concerning the secondary side effects of sexually oriented businesses in
other cities:Los Angeles,California (1977);Amarillo,Texas (1977);
Minneapolis,Minnesota (1980);Beaumont,Texas (1982);Houston,Texas
(1983);Indianapolis,Indiana (1984);Phoenix,Arizona (1984)and
(1979);Austin,Texas (1986);Garden Grove,California (1991);and
summaries of the following studies:Amarillo,TX (1977);Cleveland,
Ohio (1977);Los Angeles,California (1977);Whittier,California
(1978);Phoenix,Arizona (1979);Minneapolis,Minnesota (1980);
Beaumont,Texas (1982);Houston,Texas (1983);Indianapolis,Indiana
(1984);Austin,TX (1986);Oklahoma City,Oklahoma (1986);Seattle,
Washington (1989);and Garden Grove,California (1991).The Mayor and
City Council find that these studies and summaries thereof are relevant
to the problems addressed by the City in enacting this ordinance to
regulate the adverse secondary side effects of sexually oriented
businesses,and more specifically find that these studies provide
convincing evidence that:
(1)Sexually oriented businesses are linked to increases
in the crime rates in those areas in which they are
located and in surrounding areas.
(2)Both the proximity of sexually oriented businesses to
sensitive land uses and the concentration of sexually
oriented businesses tend to result in the blighting
and deterioration of the areas in which they are
located.
(3)The proximity and concentration of sexually oriented
businesses adjacent to residential,recreational,
RESOLUTION NO.98-25
PAGE 2 OF 31
religious,educational and other sexually oriented
business uses can cause other businesses and
residences to move elsewhere.
(4)There is substantial evidence that an increase in
crime tends to accompany,concentrate around,and be
aggravated by sexually oriented businesses,including
but not limited to an increase in the crimes of
narcotics distribution and use,prostitution,
pandering,and violence against persons and property.
The studies from other cities establish convincing
evidence that sexually oriented businesses which are
not regulated as to permissible locations often have a
deleterious effect on nearby businesses in residential
areas,causing among other adverse secondary effects,
an increase in crime and a decrease in property
values.
(b)Based on the foregoing,the Mayor and City Council of the
City of Apache Junction find and determine that special regulation of
sexually oriented businesses is necessary to ensure that their adverse
secondary side effects will not contribute to an increase in crime rates
or to the blighting or deterioration of the areas in which they are
located or surrounding areas.The need for such special regulations is
based upon the recognition that sexually oriented businesses have
serious objectionable operational characteristics,particularly when
several of them are concentrated under certain circumstances or located
in direct proximity to sensitive uses such as parks,schools,churches
and residential zones,thereby having a deleterious effect upon the
adjacent areas.I t is the purpose and intent of these special
regulations to prevent the concentration of sexually oriented businesses
and thereby prevent such adverse secondary side effects.
(c)A sufficient reasonable number of appropriate locations for
sexually oriented businesses are provided for as set forth in 016.0604,
17.0112 and 17.0212 of the Apache Junction City Code,Vol.II,Land
Development Code,Chapter 1,Zoning Ordinance.
(d)In developing this ordinance,the Mayor and City Council
have been mindful of legal principles relating to regulation of sexually
oriented businesses and do not intend to suppress or infringe upon any
RESOLUTION NO.98-25
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expressive activities protected by the United States and Arizona
Constitutions,but instead desire to enact reasonable time,place,and
manner regulations that address the adverse secondary effects of
sexually oriented businesses.The Mayor and City Council have
considered decisions of the United States Supreme Court regarding local
regulations of sexually oriented businesses,including but not limited
to:Young v.American Mini Theatres,Inc.,427 U.S.50,96 S.Ct.2440,
49 L.Ed.2d 310 (1976),reh.denied,429 U.S.1132;United States v.
O'Brien,391 U.S.367 (1986);Renton v.Playtime Theatres,Inc.,475
U.S.41,106 S.Ct.925,89 L.Ed.2d 29 (1986),reh.denied,475 U.S.
1132;FAVPBS Inc.v.Dallas,493 U.S.215,110 S.Ct.596,107 L.Ed.2d
603 (1990);Barnes v.Venn Theatre,Inc.,501 U.S.560,111 S.Ct.2456,
115 L.Ed.2d 504 (1991);and several Arizona cases,including but not
limited to:kbrtham v.City of TIAMX7,128 Ariz.137,624 P.2d 334
(1981);Book -Cellar,Inc.v.City of Phoenix,150 Ariz.42,721 P.2d
1169 (1986)recons id.denied.(1986);Rarsoner v.Pima County,166 Ariz.
486,803 P.2d 897 (1991);State v.Western,168 Ariz.169,812 P.2d 987
(1991);State v.Jones,177 Ariz.94 (1993);and other federal cases
including:Lakeland Lounge v.City of Jacksonville,973 F.2d 1255 (5th
Cir.1992);hang On,Inc..v.City of Arlington,65 F.3d 1248 (5th Cir.
1995);Mitchell v.Commission on Adult Entertainment ,10 F.3d 123 (3rd
Cir.1993);Spokane Arcade,Inc.v.City of Spokane,75 F.3d 663 (9th
Cir.1996);and Ratney v.County of Kenosha,86 F.3d 692 (7th Cir.
1996).
(e)The Mayor and City Council of the City of Apache Junction
also find that locational triteria alone does not adequately protect the
health,safety,and general welfare of the citizens of the City of
Apache Junction,and thus certain requirements with respect to the
ownership and operation of sexually oriented businesses are in the
public interest.In addition to the findings and studies conducted in
other cities regarding increases in crime rates,decreases in property
values and the blighting of areas in which such businesses are located,
the Mayor and City Council also take judicial notice of the facts in the
case of Key,Inc.v.Kitsap County,793 F.2d 1053 (9th Cir.1986),which
relates to how live adult entertainment results in secondary effects
such as prostitution,drug dealing,and other law enforcement problems.
(f)The Mayor and City Council find the following,in part based
upon its understanding of the documents and judicial decisions in the
public record,as well as public testimony:
RESOLUTION NO.98-25
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(1)Evidence indicates that some dancers,models,and
entertainers,and other persons who publicly perform
specified sexual activities or publicly display
specified anatomical parts in sexually oriented
businesses (collectively referred to as "adult
services providers")have been found to engage in
sexual activities with patrons of sexually oriented
businesses on the site of sexually oriented business
establishments;
(2)Evidence has demonstrated that adult services
providers employed by sexually oriented businesses
have been found to offer and provide private shows to
patrons who,for a price,are permitted to observe and
participate with the adult services providers in live
sex shows;
(3)Evidence indicates that adult services providers at
sexually oriented businesses have been found to engage
in acts of prostitution with patrons of the
establishment;
(4)Evidence indicates that fully enclosed booths,
individual viewing areas,and other small rooms whose
interiors cannot be seen from public areas of the
establishment regularly have been found to be used as
a location for engaging in unlawful sexual activity;
(5)As a result of the above,and the increase of
incidents of Acquired Immune Deficiency Syndrome and
Hepatitis B,which are both sexually transmitted
diseases,the City has substantial interest in
adopting regulations which will reduce to the greatest
extent possible,the possibility for the occurrence of
prostitution and casual sex acts at sexually oriented
businesses.
(g)Zoning,licensing and other police power regulations are
legitimate,reasonable means of accountability to help protect the
quality of life in the community of Apache Junction and to help assure
RESOLUTION NO.98-25
PAGE 5 OF 31
that all operators of sexually oriented businesses comply with
reasonable regulations and are located in places that minimize the
adverse secondary effects which naturally accompany the operation of
such businesses.Licensing under this ordinance will ensure that
operators of sexually oriented businesses comply with reasonable
regulations and will also ensure that operators do not knowingly allow
their establishments to be used as places of illegal sexual activity or
solicitation.The information provided through the licensing process
will also enable the City to better allocate law enforcement resources
effectively and otherwise protect the community.In addition,the Mayor
and City Council find that the licensing of persons who operate and
manage adult oriented businesses and persons who provide adult services
will further the goals of the ordinance by enabling the City to
ascertain i f any applicant is underage or has engaged in criminal or
other behavior of the sort the ordinance is designed to limit.
(h)The Mayor and City Council recognize the possible harmful
effect on children and minors exposed to the effects of such sexually
oriented businesses and the deterioration of respect for family values,
and the need and desire of children and minors to stay away from and
avoid such businesses,which cause children to be fearful and cautious
by walking through or visiting the immediate neighborhood of such
businesses;and the Mayor and City Council desire to minimize and
control the adverse secondary side effects associated with the operation
of sexually oriented businesses and thereby protect the health,safety,
and welfare of the citizens of Apache Junction,protect the citizens
from increased crime;preserve the quality of life;preserve property
values and the character of surrounding neighborhoods and businesses;
deter the spread of urban blight and protect against the threat to
health from the spread of communicable and sexually transmitted
diseases.
(i)I t is not the intent of the Mayor and City Council in
enacting this ordinance,or any provision thereof,to condone or
legitimize the distribution of obscene material,and the City of Apache
Junction recognizes that state law prohibits the distribution of the
obscene materials and expects and encourages law enforcement officials
to enforce state obscenity statutes against such illegal activities in
the City of Apache Junction.
RESOLUTION NO.98-25
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(j)Nothing in this ordinance is intended to authorize,
legalize,or permit the establishment,operation,or maintenance of any
business,building,or use which violates any City ordinance or any
statute of the State of Arizona regarding public nuisance,unlawful and
indecent exposure,sexual conduct,lewdness,obscene or harmful matter
or the exhibition or public display thereof.
(k)In prohibiting public nudity in sexually oriented
businesses,the Mayor and City Council do not intend to proscribe the
communication of erotic message or any other communicative element or
activity,but rather only to prohibit public nudity due to the secondary
impacts associated with such public nudity.
(1)The Mayor and City Council find,as a wholly independent
basis,that i t has a substantial public interest in preserving societal
order and morality,and that such interest is furthered by a prohibition
on public nudity.
(m)While the Mayor and City Council desire to protect the
rights conferred by the United States Constitution to sexually oriented
businesses,i t does so in a manner that ensures the continued and
orderly development of property within the City and diminishes,to the
greatest extent feasible,those undesirable secondary effects which the
aforementioned studies have shown to be associated with the development
and operation of sexually oriented businesses.
(n)In enacting a nudity limitation,the City declares that the
limitation is a regulatory licensing provision and not a criminal
offense.The City has not provided a criminal penalty for a violation
of the nudity limitation.The City adopts such a limitation only as a
condition of issuance and maintenance of a sexually oriented business
permit issued pursuant to City Code.
(o)The Mayor and City Council find that preventing the exchange
of money between adult services providers and patrons also reduces the
likelihood of drug and sex transactions occurring in sexually oriented
businesses.
(p)Requiring separations between entertainers and patrons
reduces the likelihood that such persons will negotiate narcotic sales
and transact sexual favors within sexually oriented businesses.
RESOLUTION NO.98-25
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(q)Enclosed or concealed booths and dimly -lit areas within
sexually oriented businesses greatly increase the potential for misuse
of the premises,including unlawful conduct of a type which facilitates
transmission of disease.Requirements that all indoor areas be open to
view by management at all times,and that adequate lighting be provided
are necessary in order to reduce the opportunity for,and therefore the
incidence of illegal conduct within sexually oriented businesses,and to
facilitate the inspection of the interior of the premises thereof by law
enforcement personnel.
(r)The Mayor and City Council find that the harmful secondary
effects of adult -oriented businesses are more pronounced when conducted
continuously or during late night/early morning hours.
(s)The fees established herein for licenses and permits are
based on the estimated cost of implementation,administration and
enforcement of the licensing program.
(t)Although the number of sexually oriented businesses in the
City of Apache Junction is quite limited at this time,due to the City's
rapidly increasing population and recent efforts by neighboring
governmental entities to establish comprehensive regulation of sexually
oriented businesses within their respective jurisdictions,i t is
foreseeable that interest in establishing such businesses within the
City of Apache Junction will increase in the near future.
AMENDMENTS
That Chapter 8,Business,of the Apache Junction City Code is hereby
amended by adding Article 8-12 to read as follows:
ARTICLE 8-12 SEXUALLY ORIENTED BUSINESS OPERATORS,MANAGERS,ADULT
SERVICES PROVIDERS AND EMPLOYEES
8-12-1
8-12-2
8-12-3
8-12-4
8-12-5
RESOLUTION NO.
PAGE 8 OF 31
Legislative Purpose
Definitions
License Required;Operators;Managers;Adult Services
Providers;Employees
Exemptions
Applications
98-25
8-12-6 Investigations
8-12-7 Granting,Denial,Revocation,and Suspension;Appeal
8-12-8 Expiration and Renewal
8-12-9 Fees
8-12-10 Non -transferability
8-12-11 Operation Requirements
8-12-12 Inspections
8-12-13 Other Licenses
8-12-14 Penalty
8-12-15 Applicability
Section 8-12-1 Legislative Purpose
I t is the purpose of this article to establish licensing procedures and
regulations for sexually oriented businesses and their employees to
promote the public health,safety,and general welfare of the citizens
of the City of Apache Junction,and to avoid and mitigate the
detrimental secondary effects of sexually oriented businesses through
content neutral regulations.I t is not the purpose of this article to
impose a limitation or restriction on the content of any communicative
materials,including sexually oriented materials,or to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment,or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market.This article
is not intended to interfere with or suppress legitimate expression or
any speech activities protected by the First Amendment to the United
States Constitution nor is i t intended to permit any use or activity
which is otherwise prohibited or made punishable by law.
Section 8-12-2 Definitions
For the purpose of this Article,the following words and phrases shall
have the meanings respectively ascribed to them by this article:
Adult Arcade or Peep Show:any place to which the public is
permitted or invited where coin -operated or slug -operated,or for any
form of consideration,electronically,electrically,or mechanically
controlled still or motion picture machines,projectors,video or laser
disc players,or other image -producing devices are maintained to show
images to a person in a booth or a viewing room where the images so
RESOLUTION NO.98-25
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displayed depict or describe "specified anatomical areas"or "specified
sexual activities".
Adult Bookstore,Adult Video Store or Adult Novelty Store:a
commercial establishment which as one of its principal business purposes
offers for sale or rental for any form of consideration any one or more
of the following:
A.Books,magazines,periodicals,or other printed matter,or
photographs,films,computer generated images,motion
pictures,video cassettes or video reproductions,slides,or
other visual representations that depict or describe
"specified anatomical areas"or "specified sexual
activities";or
B.Instruments,devices or paraphernalia that are designed for
use in connection with "specified sexual activities,"
excluding condoms and other birth control and disease-
prevention products.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material
depicting or describing "specified anatomical areas"or "specified
sexual activities"and still be categorized as Adult Bookstore,Adult
Video Store,or Adult Novelty Store.Such other business purposes will
not serve to exempt such commercial establishments from being
categorized as an Adult Bookstore,Adult Video Store,or Adult Novelty
Store so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe "specified anatomical areas"or "specified sexual
activities."
Adult Cabaret:a nightclub,bar,restaurant,or other commercial
establishment licensed to serve alcoholic beverages pursuant to A.R.S.
V1 -209(B),which regularly features,exhibits or displays as one of its
principal business purposes:
A.Individuals who appear in a state of nudity or semi -nudity;
or
RESOLUTION NO.98-25
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B.Live performances which are characterized by the exposure of
"specified anatomical areas"or "specified sexual
activities";or
C.Films,motion pictures,video cassettes,slides or other
photographic reproductions which depict or describe
"specified anatomical areas"or "specified sexual
activities."
Adult Hotel/Motel:a hotel or motel or similar commercial
establishment that:
A.Offers public accommodations for any form of consideration;
provides patrons with closed-circuit television
transmissions,films,computer generated images,motion
pictures,video cassettes,slides,or other photographic
reproductions that depict or describe "specified anatomical
areas"or "specified sexual activities"as one of its
principal business purposes;and has a sign visible from the
public right-of-way which advertises the availability of
these adult -types of photographic reproductions;or
B.Offers a single sleeping room for rent less than ten (10)
hours in a twenty-four (24)hour period;or
C.Allows a tenant or occupant of a sleeping room to subrent
the room for a period of time that is less than ten (10)
hours in a twenty-four (24)hour period.
Adult Live Entertainment Establishment:a commercial
establishment that offers any of the following entertainment during any
part of any two (2)or more days within any continuous thirty (30)day
period:
A.Male or female adult services providers and employees who
are nude or are in a state of nudity;or
B.Nude models;or
C.Mud wrestling,wet T-shirt or other similar entertainment.
RESOLUTION NO.98-25
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Adult Motion Picture Theater:a commercial establishment,where
for any form of consideration,films,motion pictures,video cassettes,
slides,or similar photographic reproductions are regularly shown as one
of its principal business purposes that depict or describe "specified
anatomical areas" or "specified sexual activities."
Adult Services:dancing,service of food or beverage,modeling,
posing,wrestling,singing,reading,talking,sitting or listening,or
other performances or activities conducted for any consideration in a
sexually oriented business by an individual who is nude or is in a state
of nudity during all or part of the time the person is providing such
service.
Adult Services Provider:any individual who provides any adult
services,whether an employee or independent contractor.
Adult Theater:a commercial establishment which regularly
features,exhibits or displays,as one of its principal business
purposes,individuals who appear nude,in a state of nudity or semi-
nudity,live or by film,or plate negative,film or plate positive,film
or tape designed to be projected on a screen for exhibition,or films,
glass slides or transparencies,either in negative or positive form,
designed for exhibition by projection on a screen,or any type of
viewing booth or equipment,that expose or depict "specified anatomical
areas"or "specified sexual activities."
A.R.S.:Arizona Revised Statutes Annotated.
Booth:a partitioned area in which coin or token operated video
machines,projectors or other electronically or mechanically controlled
devices are used in the regular course of business to produce still or
moving picture images,that expose or depict "specified anatomical
areas"or "specified sexual activities."
Chief of Police:the department director of the Apache Junction
Department of Public Safety,or his or her designated agent,whose
duties are more fully described in Article 3-6 of the Apache Junction
City Code.
City:City of Apache Junction.
RESOLUTION NO.98-25
PAGE 12 OF 31
City Clerk:the department director of the Apache Junction City
Clerk's Office,or his or her designated agent,whose duties are more
fully described in Article 3-2 of the Apache Junction City Code.
City Manager:the department director of the Office of the City
Manager,or his or her designated agent,whose duties are more fully
described in Article 3-1 of the Apache Junction City Code.
Development Services Director:the department director of the
Apache Junction Development Services Department,or his or her
designated agent,whose duties are more fully described in Article 3-9
of the Apache Junction City Code.
Employee:any individual who performs any service on the premises
of a sexually oriented business on a full-time,part-time or contract
basis,whether or not the person is denominated as an employee,
independent contractor,agent,or otherwise and whether or not such
individual is paid a salary,wage or other compensation by the operator.
Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or for delivery of goods to the
premises.
Escort:an individual who for tips or any other consideration
agrees or offers to act as a companion,guide or date for another
individual or who agrees or offers to privately model or otherwise be
clothed in lingerie or to privately perform a striptease for another
individual.
Escort Agency:a person or business that furnishes,offers to
furnish,or advertises to furnish escorts as one of his,her or its
principal business purposes for a fee,tip,or other consideration.
Establishment:the opening or commencement of any sexually
oriented business as a new business;or the conversion of an existing
business,whether or not a sexually oriented business,to any sexually
oriented business;or the addition of any sexually oriented business to
any other sexually oriented business;or the relocation of any sexually
oriented business.
Figure Model:any individual who for pecuniary compensation,
consideration,hire or reward,poses in a modeling studio to be
RESOLUTION NO.98-25
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observed,sketched,painted,drawn,sculpted,photographed or otherwise
depicted.
Individual:a human being.
License:any license or temporary license issued or required by
this Article as a condition to operate a sexually oriented business,or
issued to a manager,adult services provider,or employee of a sexually
oriented business.
Licensee or Applicant:an individual or person in whose name a
license to operate a sexually oriented business will be or has been
issued,or a manager,adult services provider or employee authorized
pursuant to this Article.
Manager's station:a permanently designated area marked
accordingly within a sexually oriented business where a sexually
oriented business manager is located in the normal course of operations.
Modeling Studio:a business which provides,for pecuniary
compensation,monetary or other consideration,hire or reward,figure
models who,for the purpose of sexual stimulation of patrons,display
"specified anatomical areas"to be observed,sketched,photographed,
painted,sculpted,or otherwise depicted by persons paying such
consideration.
Nude,nudity or state of nudity:the showing of the human male or
female genitals,pubic area,vulva,anus,anal cleft/cleavage or
buttocks with less than a fully opaque covering;the showing of the
female breast with less than a fully opaque covering of any part of the
nipple;or the showing of the covered male genitals in a discernibly
turgid state.
Operate a sexually oriented business;operator:supervising,
managing,inspecting,directing,organizing,controlling,or being
responsible for or in charge of the conduct of activities of a sexually
oriented business.
Patron or customer:an individual invited or permitted to enter
and remain upon the premises of a sexually oriented business,whether or
not for consideration.
RESOLUTION NO.98-25
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Person:an individual,proprietorship,partnership,corporation,
association or other legal entity,or combination thereof in whatever
form or character.
Premises:interior and exterior areas of a sexually oriented
business establishment including the parking lot.
Semi-nude or semi-nude condition:a state of dress in which
clothing covers no more than the genitals,pubic region,buttocks,
areola of the female breast,as well as portions of the body covered by
supporting straps or devices.
Sexual Encounter Center:a business that as one of its primary
purposes offers for any form of consideration physical contact in the
form of wrestling or tumbling between persons of the opposite sex;or
activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-
nudity.
Sexually oriented business:an adult arcade,adult bookstore,
adult cabaret,adult live entertainment establishment,adult
hotel/motel,adult motion picture theater,adult novelty store,adult
theater,adult video store,escort agency,modeling studio,sexual
encounter center,and any combination thereof.
Sexually oriented business manager,or manager:an individual on
the premises of a sexually oriented business who is authorized to
exercise overall operational control of the business.
Specified Anatomical Areas:
A.Less than completely and opaquely covered human genitals,
pubic region,buttocks,and female breast below a point
immediately above the top of the areola;
B.Human male genitals in a discernibly turgid state,even i f
completely and opaquely covered;
C.Any device,costume or covering that simulates any of the
body parts included in (A)and (B)as referenced above.
RESOLUTION NO.98-25
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Specified Sexual Activities:whether performed directly or
indirectly through clothing or other covering:
A.The fondling or other erotic touching of human genitals,
pubic region,buttocks,anus or female breast;
B.Sex acts,actual or simulated,including intercourse,oral
copulation,or sodomy;
C.Masturbation,actual or simulated;
D.Excretory functions as part or in connection with any of the
other activities described in (A)through (C),as referenced
above.
Zoning Administrator:the City of Apache Junction official who
initially determines zoning and land development compliance,as
appointed by the Development Services Director.
Section 8-12-3 License Required:Operators,Managers,Adult Services
Providers and Employees
A.I t is unlawful:
1.For any person to operate a sexually oriented business
without having secured a valid sexually oriented
business operator license issued pursuant to this
article.
2.For any person to serve as manager for a sexually
oriented business without having secured a valid
sexually oriented business manager license issued
pursuant to this article.
3.For any person to work as an adult services provider
in a sexually oriented business without having secured
a valid sexually oriented business adult services
provider license issued pursuant to this article.
RESOLUTION NO.98-25
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4.For any person to work as an employee in a sexually
oriented business without having secured a valid
sexually oriented business employee license issued
pursuant to this article.
Section 8-12-4 Exemptions
A.The provisions of this article do not apply to any person
who is engaging in,conducting or carrying on a lawful
business as an owner or operator of any of the following
businesses or activities:
1.Physicians,surgeons,chiropractors,osteopaths,
physical therapists,nurses,or any other health care
provider,or barbers or beauticians duly licensed or
certified to practice their respective profession in
the State of Arizona;
2.Trainers of any amateur,semi-professional or
professional athlete or athletic team;
3.Any activity conducted or sponsored by any school
district or governmental entity pursuant to any
license issued by the State of Arizona or United
States Government;
4.Portions of performances in theater,concert hall,
music hall or auditorium stage wherein such displays
are an integral part of a dramatic or comedic
presentation;
5.Private or public schools providing a course of
instruction in photography or photography studios
which do not provide for consideration,photography
equipment,models,and a studio.
6.Modeling agencies,schools or services,except those
which provide live modeling services for
consideration,in which a patron may obtain an
exclusive modeling exhibition in which he or she is
the only observer.
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Section 8-12-5 Applications
A.Any person desiring to obtain a sexually oriented business
operator,manager,adult services provider,or employee
license shall make application to the City Clerk.Such
application shall be on a form prescribed by the Chief of
Police and made available from the City Clerk.
B.The application shall be signed under oath by each
individual listed as an applicant and notarized,and shall
be accompanied by the fee required under Section 8-12-9.
C.The application shall include two original duplicates of a
current photograph and the fingerprints of each applicant.
Fingerprints shall be taken at the Apache Junction Police
Department,or by any other law enforcement agency i f
accompanied by a notarized verification by that agency,all
at the sole expense of the applicant.
D.The application shall be deemed filed with the City when the
City Clerk has received the required fee in full,a
completed application with all information required under
subsection (F),and the photograph and fingerprints of each
applicant.In the case of a sexually oriented business
operator license application,the applicant shall file four
copies with the City Clerk,including all addendum or
attachments thereto,with one copy being kept on file with
the City Clerk,one copy being forwarded from the City Clerk
to the Chief of Police,one copy being forwarded to the
Zoning Administrator,and one copy being forwarded to the
Building Official.In the case of a sexually oriented
business manager,adult services provider or employee
license,the applicant need only file two copies with the
City Clerk,who shall retain one for official City records,
and shall forward one to the Chief of Police for a
background investigation.
E.If a person desiring to operate a sexually oriented business
is an individual,that individual must be listed as the
applicant and also as the designated license holder.I f a
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person desiring to operate a sexually oriented business is a
legal entity other than an individual,each officer,
director,or general partner of the entity,and any other
individual who will participate directly or indirectly in
decisions relating to management of the business,must be
listed in the application as an applicant,and must provide
their photograph and fingerprints as provided in subsection
(C),sign the application under oath witnessed by a notary
public,and must provide all of the information required
under subsection (F).
F.In addition to such other information as may be requested on
the face of the application form,the application shall
include the following information and items:
1.Name,premises address,business mailing address i f
different than premises address,phone number of
proposed sexually oriented business,and emergency
phone number.
2.If the applicant is a corporation,the state and date
of incorporation,and evidence that the corporation is
in good standing under the laws of the State of
Arizona,the name of the registered corporate counsel
and agent,and address of the registered office for
service of process.
3.I f the applicant is a partnership,names of all
partners and whether the partnership is general or
limited,as well as a copy of the partnership
agreement.
4.Each applicant's full true name and any other names,
aliases or stage names used in the preceding five (5)
years.
5.Each applicant's current residential mailing address
and telephone number.
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6.A copy of each applicant's driver's license with
picture or other picture identification issued by a
governmental agency within the last two (2)years.
7.The issuing jurisdiction and the effective date of any
license or permit relating to the operation of a
sexually oriented business or relating to the
provision of any adult services which is held or has
been held at any time by any applicant or by the
designated license holder,whether any such license or
permit has been revoked or suspended,and the reasons
thereof.
8.Any criminal conviction of any applicant or of the
designated license holder in the preceding three (3)
years for a sexual offense described in A.R.S.§§13-
1401 through 13-1416,a racketeering offense as
described in A.R.S.§13-2301(D)(4),a prostitution
offense as defined in A.R.S.§§13-3201 through 13-
3214,a drug offense described in A.R.S.§§13-3401
through 13-3416,or a sexual exploitation of children
offense described in A.R.S.H13-3551 through 13-3556.
9.The names of the sexually oriented business managers
who will have actual supervisory authority over the
operation of the business.
10.An accurate to scale floor plan or diagram of the
business premises clearly showing the configuration of
the interior and exterior areas,including a statement
of total floor space occupied by the business.The
location of where the license will be conspicuously
posted,as well as the location of the manager's
station and overhead lighting fixtures,and all areas
in which patrons will not be permitted to enter.The
diagram need not be professionally drawn,but should
be oriented to the north or to some designated street
and shall be drawn to a designated scale or with
marked dimensions sufficient to show the various
interior dimensions.
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11.A certificate and straight line drawing prepared
within thirty (30)calendar days prior to application
depicting the building and the portion thereof to be
occupied by the sexually oriented business,and the
property line of any other sexually oriented business
located within one thousand feet (1000')of the
property line of any other sexually oriented business,
as well as the property lines of any church,school,
park,private residences,and other businesses and
uses delineated in §§16.0604(3),17.0112(a)and
17.0212(a)of the Apache Junction Zoning Ordinance
("A.J.Z.0."),set forth in the Apache Junction City
Code ("A.J.C.C."),Vol.II,Land Development Code
("L.D.C."),Chapter 1.
12.The City Clerk may waive the foregoing diagram and
drawing requirements for renewal applications i f the
applicant adopts a diagram and drawing which was
previously submitted and certifies that the
configuration of the premises has not been altered
since it was prepared.
G.Subsections (F)(10)and (F)(11)are not applicable to
applicants desiring a sexually oriented business manager,
adult services provider or employee license.
Section 8-12-6 Investigations
Upon receipt,the City Clerk shall forward a copy of the application to
the Chief of Police,as well as to the Building Official and Zoning
Administrator.For sexually oriented business manager,adult services
provider and employee license applications,the City Clerk need only
send such copies to the Chief of Police for his or her investigation.
The Chief of Police shall review the application for accuracy and shall
conduct a criminal background investigation of the applicant.The
Zoning Administrator shall determine whether the location of the
business is in compliance with §§16.0604(3),17.0112(a)and 17.0212(a)
of the A.J.Z.O.,set forth in the A.J.C.C.,Vol.II,L.D.C.,Chapter 1,
or development standards as adopted by the City.The Building Official
shall inspect the proposed premises and shall determine whether the
proposed premises are in compliance with all building codes as adopted
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by the City.The Chief of Police,Zoning Administrator and Building
Official shall each make separate recommendations to the City Clerk for
the approval or denial of the license.
Section 8-12-7 Granting,Denial,Revocation,and Suspension;Appeal
A.Upon receipt of a complete application for a sexually
oriented business operator,manager,adult services provider
or employee license,payment of the required fees and
completion of photograph and fingerprinting requirements
under this Article,the City Clerk shall issue to the
applicant a temporary license.The issuance of a temporary
license does not waive any right of City to revoke,deny or
suspend for any defect,omission or misrepresentation in the
application.
B.Within thirty (30)calendar days after the application for a
sexually oriented business operator,manager,adult services
provider or employee license is filed with the City,the
City Clerk shall,based on the recommendations of the Chief
of Police,Zoning Administrator,and Building Official,
notify such applicant by prepaid first class certified mail,
return receipt requested,whether the license will be
granted,denied,or renewed.Failure by the City Clerk to
issue such notice upon expiration of this time period shall
be deemed as issuance of such license.
C.The City Clerk shall grant the license or renewal
application thereof i f all requirements for the application
have been completed,unless the City Clerk finds or is
advised of the following circumstances:
1.The applicant is under eighteen (18)years of age.
2.The application contains incomplete information to
justify the issuance of a license.
3.The required application has not been paid.
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4.The applicant has made false,misleading,or
fraudulent statements of material fact in the
application.
5.The building,structure,equipment,or location
proposed by the applicant for the sexually oriented
business does not comply with the requirements
pursuant to this Article,and other health,fire,
building,safety,development standards and zoning
provisions enacted by the City.
6.The applicant or the applicant's spouse,is delinquent
in payment to the City of taxes,fees,fines,or
penalties assessed against or imposed upon the
applicant or the applicant's spouse,in relation to
sexually oriented businesses or arising out of any
other business activity owned or operated by the
applicant or the applicant's spouse.
7.Within the past two (2)years,the applicant has had a
license under this Article revoked,or a similar
license in another jurisdiction has been revoked on
the basis of having been convicted of a felony
violation or two (2)misdemeanor violations of one or
more offenses in the categories stated in Section 8-
12-5(F)(8).
8.Within the past three (3)years,the applicant or
other persons required to provide information herein,
has been convicted of,or pled guilty or no contest to
a felony violation or two (2)misdemeanor violations
of one or more offenses in the categories stated in
Section 8-12-5(F)(8).
D.In the case of the granting of a sexually oriented business
operator license,the license shall state on its face the
name of the licensee,the expiration date,and the address
of the sexually oriented business.The license shall be
posted in a conspicuous place at or near the entrance.
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E.The City Clerk shall suspend a license for a period of ten
(10)working days i f a licensee is not in compliance with
this Article.
F.The City Clerk shall revoke a license pursuant to this
Article if the licensee:
1.Has failed to come within compliance of any provision
in this Article within ten (10)working days from the
last day of the suspension as provided in subsection
(E).
2.Is convicted of three (3)or more violations of this
Article in any twelve (12)month period.
3.Is convicted or pleads guilty or no contest to
offenses stated in §8-12-5(F)(8).
4.Is determined to have filed inaccurate information in
the application.
G.If the City Clerk determines that grounds exist for denial,
suspension,or revocation of a license,the City Clerk shall
notify the applicant by prepaid first class certified mail,
return receipt requested,including the grounds for such
action.Such grounds shall make reference to the applicable
sections and subsections of this Article which have not been
complied with or have been violated.The applicant may
respond to the City Clerk within ten (10)working days in
writing setting forth a statement as to why the license
should not be denied,suspended,or revoked.Such statement
may also request a hearing.I f a response is not received
by the City Clerk in the time stated,the denial,suspension
or revocation shall be final and the City Clerk shall send
written notice to the applicant within five (5)working days
after expiration of the period for submitting a response by
prepaid first class certified mail,return receipt
requested.
H.Within five (5)working days after receipt of response,the
City Clerk shall either:1)withdraw the denial,suspension,
RESOLUTION NO.98-25
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or revocation determination,and will so notify the
applicant as in the manner proscribed above;or 2)schedule
a hearing before the City Manager,or appointed designee
thereof (hereinafter "City Manager"),and so notify the
applicant in the manner noted above,including the date,
time,and place of such hearing.If the City Clerk fails to
-send a timely notification,the license shall be deemed to
continue as valid until the annual renewal date.Such
hearing will be conducted informally.All parties shall
have a right to offer testimonial,documentary,and tangible
evidence bearing on the issues.Each party may also be
represented by an Arizona licensed attorney of their own
choosing at their own expense,and shall have the right to
confront and cross-examine witnesses.Although the Arizona
Rules of Evidence will not apply at this hearing,any
relevant evidence as determined by the City Manager may be
admitted that is the sort of evidence persons are accustomed
to rely in the conduct of serious affairs.Such hearing
shall be scheduled not less than fifteen (15)nor more than
twenty (20)working days after receipt by the City Clerk of
the request for a hearing.The applicant shall have the
burden of proving by a preponderance of the evidence that
the denial,suspension or revocation was arbitrary or
capricious and was an abuse of discretion.
I.The City Manager shall render a written decision within five
(5)working days after completion of the hearing and shall
notify the applicant of the determination by pre -paid first
class certified mail,return receipt requested.Such
decision shall be final at the end of five (5)working days
after it is mailed and shall constitute final administrative
review.The applicant may continue to function under the
license pending receipt of the final decision of the City
Manager.
J.The City Manager's decision may be appealed to the Pinal
Superior Court by special action or other appropriate
procedure within thirty-five (35)calendar days after
mailing of the written decision to the applicant.I f a
licensee pursues a judicial appeal from a final
administrative action,such licensee may continue to
RESOLUTION NO.98-25
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function under the license pending completion of the
judicial review.
Section 8-12-8 Expiration and Renewal
Each license shall expire one (1)year from the date of issuance and may
be renewed only by making application as provided in Section 8-12-5.
The renewal application must be received forty-five (45)calendar days
before the expiration date of the originally issued license.The City
Clerk may deny an application for renewal for the reasons set forth in
Section 8-12-7.
Section 8-12-9 Fees
A.The non-refundable application fee for an original
application for a sexually oriented business operator
license shall be five hundred dollars ($500.00).The non-
refundable annual renewal fee shall be two hundred fifty
dollars ($250.00).
B.An original application for a sexually oriented business
manager,adult services provider or employee license shall
be one hundred dollars ($100.00).The non-refundable annual
renewal fees for both types of licenses shall be fifty
dollars ($50.00).
C.Every applicant shall be required to pay,to the law
enforcement agency which provides the applicant with
fingerprinting or photography services,the standard fee
charged by that agency for each set of fingerprints and the
photograph required.Such fees are in addition to those set
forth in subsections (A)and (B)above.
Section 8-12-10 Non -Transferability
A.Licenses issued pursuant to this Article are not
transferable.
B.With regard to sexually oriented business operators,any
transfer of ownership or control of the business causes any
issued license to be void.The new owner shall be
RESOLUTION NO.98-25
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responsible for obtaining a new license.Transfer of
ownership and control includes the following:
1.The sale,lease,or sublease of the business;
2.The transfer of securities which constitute a
controlling interest in the business,whether by sale,
exchange,or similar means;
3.The establishment of a trust,gift,or other similar
legal device which transfers the ownership of control
of the business,except for transfer by bequest or
other operation of law upon the death of the person
possessing the ownership interest or control.
Section 8-12-11 Operation Requirements
A.With the exception of escort services and modeling studios,
the following operational regulations apply:
1.The business shall maintain a daily log of all persons
providing adult services on the premises,including
their City license numbers.The log shall cover the
preceding twelve (12)month period and shall be
available for inspection upon request by the Chief of
Police.
2.A person below the age of eighteen (18)years may not
observe nor provide any adult services.
3.An individual may not provide adult services within
the premises of the business except upon a stage
elevated at least eighteen inches (18")above the
floor level.All parts of the stage,or a clearly
designated area thereof with which the adult services
are provided shall be a distance of at least three
feet (3')from all parts of a clearly designated area
in which patrons may be present.The stage or
designated area thereof shall be separated from the
area in which patrons may be located by a barrier or
railing,the top of which is at least three feet (3')
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above floor level.An adult services provider or
patron may not extend any part of their body over or
beyond the barrier or railing.
4.An adult services provider,in the course of providing
any adult services,may not perform a specified sexual
activity.
5.Adult services may not be provided in any location
which is not visible by direct line of sight at all
times from a manager's station located in a portion of
the premises which is not accessible to patrons.
6.A manager shall be on the premises of a sexually
oriented business at all times during which any adult
services is provided on the premises.
7.An adult services provider or employee may not at any
time touch the breast,buttocks or genitals of a
patron,nor may a patron touch the breast,buttocks or
genitals of an adult services provider or employee.
8.No adult services provider or employee,either before,
during or after performances,shall have physical
contact with any patron and no patron shall have
physical contact with any adult services provider or
employee before,during,and after performances by
such adult services provider or employee.This
subsection shall only apply to physical contact on the
premises of the sexually oriented business.
9.No patron shall pay or give any gratuity to any adult
services provider and no adult services provider shall
solicit any pay or gratuity from any patron.
10.A sign setting forth the regulations in subsection (A)
(2),(3),(7),(8),and (9)of this Section shall be
conspicuously posted visible from the entrance of the
business in such a manner as to be clearly legible to
patrons upon entry.
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11.No sexually oriented business shall operate in a
manner that permits the observation of any material or
activities depicting,describing or relating to
"specified anatomical areas"or "specified sexual
activities"from any public way or from any location
outside the building or area of such establishment.
This provision shall apply to any display,decoration,
sign,show window or other opening.No exterior door
or window on the premises shall at any time be propped
or left open while the business is in operation,and
any exterior shall be covered with opaque covering at
all times.
12.The interior of the premises shall be configured in
such a manner or with the use of mirrors that there is
an unobstructed view from the manager's station of
every area of the premises to which any patron is
permitted access for any purpose,excluding restrooms.
Restrooms may not contain video equipment.
13.No viewing room may be occupied by more than one (1)
person at any time.There shall be no openings of any
kind between viewing rooms or booths.The manager
shall,during each business day,regularly inspect the
walls between the viewing booths to determine i f any
openings or holes exist.All floor coverings in
viewing booths must be nonporous,easily cleanable
surfaces,with no rugs or carpeting.
14.Adult services may not be provided between the hours
of 1:00 a.m.and 8:00 a.m.Mondays through Saturdays
or between the hours of 1:00 a.m.and 12:00 noon on
Sundays.
B.With respect to an adult cabaret,the requirements of this
section shall apply to the extent that they are not in
conflict with specific statutory or valid regulatory
requirements applicable to persons licensed to dispense
alcoholic beverages.
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Section 8-12-12 Inspections
By acceptance of a sexually oriented business operator license,the
licensee extends to the City Clerk and Chief of Police consent and
permission for designated city personnel to enter and inspect the
premises subject to licensing without an inspection warrant or probable
.cause during normal business hours for the purpose of enforcing the
provisions of this Article.
Section 8-12-13 Other Licenses
A license required by this Article is in addition to any other license
or permit required by the City,Pinal County,or the State of Arizona.
Persons engaging in activities described in this Article shall comply
with all other ordinances and laws,including but not limited to the
Apache Junction Zoning Ordinance,the Landscaping and Screening
regulations of the City (Ordinance 940),the Sign Code,as well as
business tax license regulations set forth in Article 8-5.
Section 8-12-14 Penalty
A.Any violation under this Article is punishable pursuant to
Article 1-8-A of the Apache Junction City Code.
B.A licensee which is an enterprise shall be subject to the
fine provided in A.R.S.§13-803.
C.In addition to criminal penalties described herein,a
sexually oriented business which operates without having
obtained a license or is operating under an expired license
shall constitute a public nuisance which may be abated by a
suit for injunctive relief.
D.I t is a defense to prosecution under Section 8-12-3 that
each item of descriptive printed,film,or video material
offered for sale or rental,taken as a whole,contains
serious literary,artistic,political,or scientific value.
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Section 8-12-15 Applicability
This Article shall apply to all persons engaging in the activities
described herein,whether or not such activities were commenced before
the effective date of this Article.Persons so engaged as of the
effective date of this Article,shall be in full compliance with this
Article,including receipt of any required license,within one hundred
eighty (180)calendar days after the effective date of this Article.
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