HomeMy WebLinkAboutORD1060ORDINANCE NO.1060
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AUTHORIZING EXECUTION OF A USER
AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR
THE EXCHANGE OF CRIMINAL HISTORY INFORMATION FOR CURRENT AND
PROSPECTIVE LICENSEES PURSUANT TO CHAPTER 8-12 OF THE APACHE
JUNCTION CITY CODE REGULATING SEXUALLY ORIENTED BUSINESS
OPERATORS,MANAGERS,EMPLOYEES AND ADULT SERVICES PROVIDERS;
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY;AND DECLARING AN EMERGENCY
SECTION I .IN GENERAL
On November 3,1998,the City Council passed Ordinance No.1058,which
adopted by reference a certain document declared a public record by
Resolution 98-25,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.
On November 3,1998,the City Council passed Ordinance No.938,which
empowered the City Clerk to collect fingerprints and photographs of all
current and prospective sexually oriented business operators,managers,
employees and adult services providers pursuant to new Article 8-12 of
the Apache Junction City Code.
Pursuant to Arizona Revised Statutes Annotated ("A.R.S.")§41-
1750(G)(2),the Director of the Arizona Department of Public Safety
("DPS")shall authorize the exchange of criminal justice information
between the central state repository,or through any intermediary,with
any non -criminal justice agency pursuant to a statute,ordinance or
executive order that specifically authorizes the non -criminal justice
agency to receive criminal history record information for the purpose of
evaluating the fitness of current or prospective licensees,upon
submission of the subject's fingerprints and the prescribed fee.
This ordinance authorizes the City to enter into a user agreement with
DPS in which the City shall furnish to DPS fingerprints of current and
prospective licensees referenced above in exchange for criminal history
record information on each current or prospective licensee.The City
ORDINANCE NO.1060
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Clerk of the City of Apache Junction is authorized to receive criminal
history information on prospective licensees.
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.
SECTION IV.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
DOUGLAS gOLEMAN
Mayor
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
3 9 18
RICHARD J.STERN
City Attorney
ORDINANCE NO.1060
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,1998.