HomeMy WebLinkAboutRES 86-13RESOLUTION NO.86-13
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,PINAL AND MARICOPA COUNTIES,ARIZONA,
PLACING RESTRICTIONS ON THE ISSUANCE OF BUSINESS LICENSES
FOR A PERIOD OF SIX (6)MONTHS.
WHEREAS,the City Council of the City of Apache Junction,Pinal and
Maricopa Counties,Arizona,is updating and revising its General Plan with a
view towards amending its Zoning Ordinance;and
WHEREAS,the Supreme Court has recently decided several cases
considering the issue of zoning for adult uses such as adult bookstores and
adult theaters;and
WHEREAS,the Arizona Court of Appeals and the Arizona Supreme Court
will be considering cases concerning the applicability of A.R.S.Section
13-35-1 et.seq.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I
That for a period of six (6)months from the date of passage of this
resolution no new city business licenses shall be issued to any individual,
partnership,corporation,or other business entity seeking to conduct any
activity describedin Section I I herein.
SECTION I I APPLICABLE ACTIVITIES
A.ADULT BOOKSTORE:An establishment:
1.Having as a substantial or significant portion of its stock i n trade
for sale,barter or rental,books,magazines,other periodicals,
films or video tapes which are distinguished or characterized by
their emphasis on matter depicting,describing or relating to
"Specified Sexual Activities"or "Specified Anatomical Areas",or
an establishment with a segment or section devoted to the sale or
display of such material,or
2.Having as a substantial or significant portion of its stock i n
trade for sale,barter or rental,books,magazines,other
periodicals,films or video tapes and which excludes minors by
virtue of age from the premises or a section thereof.
B.ADULT THEATER:An enclosed building:
1.Regularly used for presenting for observation by patrons therein
•any film or plate negative,filmor 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,distinguished or characterized
by an emphasis on matter depicting,describing or relating to
"specified sexual activities"or "specified anatomical areas",or
2.Regularly used for presenting for observation by patrons therein
any 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 and which regularly excludes
minors by virtue of age from the premises.
RESOLUTION NO.86-13
PAGE ONE OF TWO
C.PUBLIC PLACES OF ENTERTAINMENT
1.All public places of entertainment which employ any person entertaining
or performing any dance,play,exhibition,show or other entertainment,
or which employ any person serving food,drink,or spiritous liquors
(as defined by Arizona Revised Statutes)i n a restaurant,nightclub,
bar,tavern,taproom,theater,or i n a private,fraternal,social,
golf or country club where such employee appears clothed,costumed,
unclothed,or uncostumed in such a manner that a breast or breasts
are not firmly covered below the top of the nipple by clothing of a
fully opaque material and/or the lower part of his or her torso,
consisting of the private parts,anal cleft or cleavage of the
buttocks is not covered by a fully opaque material.
D.DEFINITIONS:For purpose of Subsection A and B the following definitions
are applicable to the definition of "adult uses".
SPECIFIED SEXUAL ACTIVITIES:Human genitals in a state of sexual
stimulation or arousal;act of human masturbation,sexual intercourse
or sodomy;fondling or other erotic touching of human genitals,pubic
region,buttock or female breast.
SPECIFIED ANATOMICAL AREAS:Less than completely and opaquely covered
human genitals,pubic region,buttock and female breast below a point
immediately above the top of the areola;and human male genitals in a
discernibly turgid state,even i f completely and opaquely covered.
SECTION III
This restriction on the issuance of new business licenses shall not prohibit
the renewal of any business license which as of the effective date of this
resolution i s then in effect.
PASSED AND ADOPTED THIS 15TH DAY OF APRIL ,1986,BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
ATTEST:
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Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
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David'F.Alexander
City Attorney
Norman S.Hill
Mayor
RESOLUTION NO.86-13
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