Sec. 10-134.03. Temporary work authorization; licensee qualification; qualification revocation; hearing.
A. A licensee may issue a temporary work authorization to an adult cabaret performer for employment on the business premises without an identification card or provisional identification card if all of the following conditions are met:
1. The licensee is a qualified licensee.
2. The licensee has registered with the City Clerk on the form and in the form prescribed by the City Clerk for that purpose the following information for the adult cabaret performer:
a. True name.
b. Stage name.
c. Current digital photograph of the adult cabaret performer.
d. Digital photograph of a current, government-issued photo identification document for the adult cabaret performer.
e. The adult cabaret performer certifies that he or she has not been convicted of any offense in Chapter 32 (Prostitution) of 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.
f. The adult cabaret performer certifies that he or she has not provided another, similar certification to that licensee, another licensee, or a topless bar during that calendar year.
g. A manager whose name has been provided to the City Clerk pursuant to Subsection C issues, signs and dates the temporary work authorization.
3. The adult cabaret performer has reached the age of eighteen years.
4. The temporary work authorization expires at 1:00 a.m. on the tenth calendar day following the date of issuance.
5. The licensee gives a copy of the fully-completed temporary work authorization to the applicant and obtains the applicant’s signature showing receipt of a copy of the form.
6. The adult cabaret performer is not currently licensed as an adult cabaret performer or erotic entertainer under this Code.
B. The temporary work authorization shall be a copy, in the form prescribed by the City Clerk, of the registration provided to the City Clerk pursuant to Subsection A.
C. The City Clerk shall qualify a licensee to issue temporary work authorizations pursuant to this section if the licensee is not currently serving a suspension pursuant to Subsection F and the licensee provides the City Clerk with the following information on a form provided by the City Clerk for that purpose:
1. Name, address and telephone number of the licensee.
2. The names of those managers authorized by the licensee to issue temporary work authorizations pursuant to this Section.
D. No person shall apply for a temporary work authorization at a topless bar or an adult cabaret after having been given a temporary work authorization in compliance with this section or Section 6-18 in that calendar year.
E. The licensee shall maintain on the business premises for a period of thirty days a copy, in a form prescribed by the City Clerk, of all registrations submitted to the City Clerk pursuant to Paragraph (A)(2) and shall make those copies available for inspection to any Law Enforcement Officer or City Regulatory Licensing Inspections Official upon request.
F. In addition to any other remedy provided for in this Article, the City Clerk may suspend the qualification of a licensee by issuing a written notice of intent to suspend for a period not to exceed one year if the licensee, or any employee of the licensee, fails to comply with any provision of this Section. The notice of intent to suspend may be served by hand-delivery or by certified mail to the licensee. Service by mail shall be complete upon mailing.
G. If a licensee disagrees with a notice of intent to suspend, the licensee may request an informal review of the decision by submitting to the City Clerk within ten calendar days after service a statement of reasons why the qualification should not be suspended. If no informal review is requested, the City Clerk shall issue a final order of suspension and serve the order upon the licensee by hand-delivery or certified mail. Service by mail shall be complete five calendar days after mailing. After any informal review conducted, the City Clerk shall issue a written decision either withdrawing the notice of intent to suspend or issuing a final order of suspension, and shall serve the decision by hand-delivery or certified mail. Service by mail shall be complete five calendar days after mailing. There shall be no other administrative appeal from a final order of suspension, although the licensee may challenge the order by special action or other available remedy in the Superior Court. The suspension of the qualification of a licensee shall be stayed pending a decision of the Superior Court, if the licensee files a special action or other appropriate action in the Superior Court within ten calendar days after service of the written decision following request for informal review. (Ord. No. G-5276, § 2, 2008; Ord. No. G-5531, §§ 20—22, 2010)