Sec. 10-134. Issuance of license.
A. The City Clerk shall approve or deny the issuance of a license within forty-five calendar days after receipt of an application. If the City Clerk fails to approve or deny the license within forty-five calendar days after receipt of an application the license shall be deemed to have been approved. The City Clerk shall approve issuance of a license unless one or more of the following is found to be true:
1. An applicant is under eighteen years of age.
2. An applicant or an applicant’s spouse is delinquent in the 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 a sexually oriented business or arising out of any other business activity owned or operated by the applicant or the applicant’s spouse and licensed by the City.
3. An applicant has failed to provide information required by this Article for issuance of the license or has falsely answered a question or request for information on the application form.
4. An applicant or an applicant’s spouse has been convicted of a violation of a provision of this Article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
5. The application fee required by this Article has not been paid.
6. An applicant or the proposed establishment is in violation of or is not in compliance with Sections 10-136, 10-141, 10-142, 10-143, 10-144, 10-148 or applicable provisions of the Phoenix Zoning Ordinance.
7. An applicant or an applicant’s spouse:
a. Has been convicted of any of the following offenses if committed in this State or any offense committed outside this State which if committed in this State would constitute one of the following offenses:
(i) As described in A.R.S. Tit. 13, Ch. 14 (A.R.S. § 13-1401 et seq.):
(aa) Indecent exposure;
(bb) Public sexual indecency;
(cc) Sexual abuse;
(dd) Sexual conduct with a minor;
(ee) Sexual assault;
(ff) Sexual assault of a spouse;
(gg) Molestation of a child;
(ii) As described in A.R.S. Tit. 13, Ch. 32 (A.R.S. § 13-3201 et seq.):
(aa) Enticement of persons for purpose of prostitution;
(bb) Procurement by false pretenses of person for purpose of prostitution;
(cc) Procuring or placing persons in house of prostitution;
(dd) Receiving earnings of prostitute;
(ee) Causing spouse to become prostitute;
(ff) Taking child for purpose of prostitution;
(gg) Detention of persons in house of prostitution for debt;
(hh) Keeping or residing in house of prostitution;
(ii) Pandering;
(jj) Transporting persons for purpose of prostitution or other immoral purpose;
(kk) Child prostitution;
(ll) Prostitution;
(iii) As described in A.R.S. Tit. 13, Ch. 35.1 (A.R.S. § 13-3551 et seq.):
(aa) Commercial sexual exploitation of a minor;
(bb) Sexual exploitation of a minor;
(cc) Portraying adult as minor;
(dd) Admitting minors to public displays of sexual conduct;
(iv) Incest, as described in chapter 36 of the Arizona Criminal Code;
(v) Prostitution and related offenses and solicitation, and operating and maintaining a live sex act business, as described in Chapter 23, Article IV, Division 1 of this Code.
(vi) Disorderly houses as described in Chapter 23, Article IV, Division 2 of this Code;
(vii) As described in Chapter 23, Article IV, Division 4 of this Code:
(aa) Public sexual activity;
(bb) Solicitation of public exposure;
(cc) Indecent exposure;
(dd) Public display of explicit sexual material offensive to others;
(ee) Permitting minors to enter premises wherein there is displayed explicit sexual material which is offensive to others;
(viii) Attempt, solicitation, conspiracy, or facilitation to commit any of the foregoing offenses.
b. For which:
(i) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
8. There exists at the applied-for business location a license of the same classification or a completed, pending and non-denied application for a license of the same classification.
9. An applicant or an applicant’s spouse has had a license issued pursuant to this Article revoked within the five year period preceding the application for the same classification of business.
10. The applicant changed its use or occupancy, or expanded its floor space, on or after July 1, 2005, and is not in compliance with the Phoenix Building Construction Code. For purposes of this paragraph, the term "use or occupancy" shall have the meaning as set forth in the Phoenix Building Construction Code.
B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in paragraph (A)(7)(a) of this section may qualify for a license only when the time period required by paragraph (A)(7)(b) of this section has elapsed.
D. The license shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, 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 to the sexually oriented business so that it may be easily read at any time. (Ord. No. G-3671, § 2; Ord. No. G-3683, § 33; Ord. No. G-3775, § 3; Ord. No. G-3876, § 3; Ord. No. G-4410, §§ 4, 5, 2002; Ord. No. G-4726, § 1, 2005; Ord. No. G-5531, § 13, 2010)