Sec. 6-26. Identification card; revocation.
A. 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 Section 6-17
2. Failed to update the information listed at paragraphs 6-17(A) (1), (3) and (4) as required by Section 6-23
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 paragraphs 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 Section 6-19
B. 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 erotic entertainer pending receipt or service of the final decision of the License Appeal Board.
C. 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. (Ord. No. G-4621, § 1, 2004; Ord. No. G-4740, § 5, 2005)