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A. The identification card issued by the City pursuant to this Article shall state on its face the name of the adult cabaret performer, his or her physical description and date of birth, the account number and expiration date. The card shall contain a photograph of the applicant. An adult cabaret performer shall produce the identification card or provisional identification card issued pursuant to this Article, or the identification card issued pursuant to Article IV of Chapter 6 for inspection upon request of a law enforcement officer or City Regulatory Licensing Inspections Official.

B. An applicant for an adult cabaret performer identification card shall provide the following information to the City Clerk on a form, or in a form, approved by the City Clerk:

1. Full true name.

2. All other names under which an identification card or provisional identification card has been issued pursuant to this Article or Article IV of Chapter 6

3. Current mailing (record) address and telephone number.

4. Stage name currently used, if any.

5. Height, weight, and color of hair and eyes.

6. Date of birth and written proof of age, in the form of a current driver’s license with photograph, or other current picture identification document issued by a governmental agency.

7. A statement as to whether the applicant has been convicted of any offense in Chapter 32 (Prostitution), Title 13, Arizona Revised Statutes, Sections 23-52 or 23-53, Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.

8. Signature of applicant.

9. One digital photograph of the applicant taken by the City at the time of application.

C. An identification card issued pursuant to this section is valid from the date and time of issuance until midnight of the previous day one year later.

D. The City Clerk shall approve or deny the application no later than four City working hours after receipt of the application, or the application will be deemed denied.

E. The application shall be approved if the applicant has:

1. Reached the age of eighteen years.

2. Provided all of the information required by subsection B and Section 10-134.04

3. Paid the fee required by this section.

4. Not been convicted of any offense in Chapter 32 (Prostitution), Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.

5. Not had a license issued pursuant to this Article or Section 6-17 revoked within the previous:

a. Year if revoked pursuant to paragraph 10-134.02(L)(1), paragraph 10-134.02(L)(2), paragraph 10-134.02(L)(6), paragraph 6-26(A)(1), paragraph 6-26(A)(2), or paragraph 6-26(A)(6).

b. Five years if revoked pursuant to paragraph 10-134.02(L)(3) or paragraph 6-26(A)(3).

F. The application shall be denied if the applicant has:

1. Not reached the age of eighteen years.

2. Failed to provide all of the information required by subsection B and Section 10-134.04

3. Not paid the fee required by this Article.

4. Been convicted of any offense in Chapter 32 (Prostitution) of Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.

5. Had a license issued pursuant to this section or Section 6-17 revoked within the previous:

a. Year if revoked pursuant to paragraph 10-134.02(L)(1), paragraph 10-134.02(L)(2), paragraph 10-134.02(L)(6), paragraph 6-26(A)(1), paragraph 6-26(A)(2), or paragraph 6-26(A)(6).

b. Five years if revoked pursuant to paragraph 10-134.02(L)(3) or paragraph 6-26(A)(3).

G. If the application is denied, or is deemed denied, and the applicant is physically present at the office of the City Clerk, the City Clerk shall hand-deliver the applicant the notice of denial, which shall state the reasons for denial. If the application is denied, and the applicant is no longer present in the Office of the City Clerk, the applicant shall be mailed the notice of denial, which shall state the reasons for denial, by certified mail to the applicant’s address of record, within one City working day of the date of denial. Service by mail is complete upon mailing. Within ten calendar days after service of the notice of denial, or within ten calendar days after the application has been deemed denied pursuant to subsection D, the applicant may file a request for hearing in the office of the City Clerk stating the reasons why the application should not have been denied and providing an address at which the applicant may be served by mail. If the applicant fails to provide a request for hearing as permitted by this subsection, a final notice of application denial shall be issued by the City Clerk and no further action on the application by the City Clerk shall be required. Within ten City working days after service of a request for hearing on the City, the City Clerk shall either issue the identification card to the applicant or shall schedule a hearing before the license appeal board and shall send notification to the applicant in writing by certified mail of the date, time and place of the hearing. If, upon receipt of a timely request for hearing, the City Clerk fails to send a timely notification either withdrawing the notice of denial or scheduling a hearing, the notice of denial shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for hearing. If the applicant requests a hearing, either the City Clerk or the License Appeal Board may continue the hearing on the request of the applicant for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the applicant’s waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The applicant may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision either sustaining or overturning the decision to deny the application within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the applicant or mail a copy of the decision to the applicant by certified mail to the applicant’s address of record. If more than sixty days elapse between the receipt by the City of a request for hearing and the mailing or hand-delivery by the License Appeal Board of a final decision to the applicant, a decision in favor of the applicant shall be deemed to have been rendered. The decision of the License Appeal Board shall be final upon hand-delivery or, if mailed, at the end of five calendar days after mailing, and shall constitute final administrative action.

H. When the decision to deny the license application becomes final, the applicant shall have the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. If the applicant files an action in the Superior Court challenging the license application denial within fourteen calendar days after the License Appeal Board decision has become final, and serves the complaint on the City within that same fourteen-day time period, and the Superior Court fails to issue a decision on the merits of the complaint within sixty calendar days after service of the complaint on the City, the City shall issue the applicant a provisional identification card within one City working day after the expiration of the sixty-day time period. The sixty-day rule of this subsection shall apply only to a challenge, or to that part of a challenge, to the denial of the application that relates specifically to the decision to deny the application and not to the constitutionality of the ordinance itself. The right of a person to work pursuant to a provisional identification card issued pursuant to this subsection shall expire as provided by the City Clerk but shall be reissued as necessary to the card holder without cost if a decision has not been rendered by the Superior Court prior to its expiration.

I. The application fee for the identification card issued pursuant to this section shall be $24.00 and is non-refundable.

J. A change in the information required to be provided to the City Clerk pursuant to paragraphs (B)(1) and (3) of this section shall be submitted to the City Clerk on the form prescribed by the City Clerk for that purpose within ten calendar days of the change, provided that an applicant who has been issued a provisional identification card shall update this information with the City Clerk within one City working day of the change. A change in the information required to be provided to the City Clerk pursuant to paragraph (B)(4) of this Section shall be submitted to the City Clerk on the form prescribed by the City Clerk for that purpose prior to any change.

K. The information provided by an applicant pursuant to paragraphs (B)(1), (2), (3), (6), (8) and (9) of this section, the applicant’s proof of age, and the applicant’s social security number and residence address, if they should appear on any documentation submitted by the applicant pursuant to this section, shall be maintained by the City Clerk on a confidential basis, provided that:

1. Such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function.

2. Such information may be disclosed with the permission of the card holder or applicant.

3. An adult cabaret licensee may receive verification of card holder status if the licensee provides the card holder’s name and license number.

L. The City Clerk shall revoke the identification card, or provisional identification card, of any person who has:

1. Provided false or misleading information on, or in connection with, an application submitted pursuant to this section.

2. Failed to update the information listed at paragraphs (B)(1), (3) and (4) of this section, as required by subsection J of this section.

3. Been found responsible for or guilty of, in either a civil or criminal case, a violation of any of the provisions of subsections 6-15(B), (C) or (D), or subsections 10-148(A)(1) through (A)(10), on three or more separate days within a three year period. For purposes of this paragraph, the time period from midnight until 1:00 a.m. shall be considered to be the previous day.

4. Been convicted of any offense in Chapter 32 (Prostitution) of Title 13 of the Arizona Revised Statutes, Sections 23-52 or 23-53 of the Phoenix City Code, or of the same or similar offenses in another state or jurisdiction, within the previous five years.

5. Been issued a provisional identification card and had the denial of the application for the related non-provisional identification card sustained by judicial order.

6. Failed to pay the fee required by this Article.

M. To revoke an identification card, or provisional identification card, the City Clerk shall hand-deliver, or mail by certified mail to the card holder’s address of record, a written notice of intent to revoke the identification card, together with a summary of the grounds therefor. Service by mail shall be complete five calendar days after mailing. Within ten calendar days after service of the notice of intent to revoke, the card holder may file a request for hearing in the Office of the City Clerk stating the reasons why the identification card should not be revoked. Within ten City working days after service of a request for hearing on the City, the City Clerk shall either withdraw the notice of intent to revoke or shall revoke the license and schedule a hearing before the License Appeal Board and shall send notification to the card holder in writing by certified mail of the date, time and place of the hearing. If the card holder fails to file a timely request for hearing, the City Clerk shall issue a notice of revocation as the final administrative action and shall deliver the notice to the card holder by hand-delivery or by certified mail to the card holder’s address of record. Service by mail shall be complete five calendar days after mailing. If, upon receipt of a timely request for hearing, the City Clerk fails to send a timely notification either withdrawing the notice of intent to revoke or scheduling a hearing, the notice of intent to revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for hearing. If the card holder requests a hearing, either the City Clerk or the License Appeal Board may continue the hearing on the request of the card holder for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the card holder’s waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The card holder may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision either sustaining or overturning the decision to revoke the license within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the card holder or mail a copy of the decision to the card holder by certified mail to the card holder’s address of record. If more than sixty calendar days elapse between the receipt by the City of a request for hearing in compliance with this section and the mailing or hand-delivery by the License Appeal Board of a final decision to the card holder, a decision in favor of the card holder shall be deemed to have been rendered. The decision of the License Appeal Board shall be final upon hand-delivery or, if mailed, at the end of five calendar days after mailing, and shall constitute final administrative action. The card holder who has filed a request for hearing in compliance with this subsection may continue to work as an adult cabaret performer pending receipt or service of the final decision of the License Appeal Board.

When the decision to revoke the license of the card holder becomes final, the card holder shall have the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. If the card holder files an action in the Superior Court seeking review of the decision of the License Appeal Board within fourteen calendar days after the decision of the License Appeal Board becomes final, and serves the summons and complaint on the City within that same fourteen-day time period, the decision of the License Appeal Board shall be stayed pending the entry of judgment on the merits by the Superior Court.

N. Notwithstanding subsection H, a provisional identification card shall be immediately revoked upon a judicial order sustaining the denial of the application for the related identification card.

O. A person to whom an identification card has been issued pursuant to this section may apply for an additional card at any time pursuant to this section unless an injunction has been entered by the Superior Court prohibiting a new application. The application fee for a duplicate identification card is ten dollars.

P. The holder of one or more cards issued pursuant to this section may cancel the card or cards by completing the form prescribed by the City Clerk for that purpose and filing it with the City Clerk.

Q. A person to whom a provisional identification card has been issued pursuant to this section shall notify the City Clerk in writing, on a form prescribed by the City Clerk for that purpose, within one City working day of employment or termination, of each adult cabaret or topless bar by name and address at which that person has been employed or terminated since the date of application. The notification requirement of this subsection shall terminate upon the actual issuance, if any, of an identification card.

R. The City Clerk may provide for the resolution of any contested matter arising under this section by consent agreement. The terms of a consent agreement may impose conditions that go beyond the requirements of this Article and may include a fine as a civil sanction.

S. The provisions of this section shall prevail over any conflicting provisions in this article.

T. All other provisions of this section shall apply to a license or license application issued or filed pursuant to this section. (Ord. No. G-4143, § 7, 1998; Ord. No. G-4275, § 8, 2000; Ord. No. G-4410, § 7, 2002; Ord. No. G-4503, § 4, 2003; Ord. No. G-4622, § 7, 2004; Ord. No. G-4682, § 7, 2005; Ord. No. G-4741, § 1, 2005; Ord. No. G-4794, § 5, 2006; Ord. No. G-5161, §§ 7, 11, 2008; Ord. No. G-5224, §§ 11, 12, 2008; Ord. No. G-5331, § 8, 2009; Ord. No. G-5531, §§ 16—19, 2010; Ord. No. G-5694, 2012)