It is the purpose of this article 10 to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this article 10 have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article 10 to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article 10 to condone or legitimize the distribution of obscene material.

Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the city council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the city council finds:

(a)

Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are typically uncontrolled by the operators of the establishments. Further, there is presently no mechanism in the City to make the owners of these establishments responsible for the activities that occur on their premises.

(b)

Certain employees of sexually oriented businesses defined in this ordinance as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.

(c)

Sexual acts occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos or live sex shows.

(d)

Offering and providing such space encourages such activities, which creates unhealthy conditions.

(e)

Persons frequent certain adult theatres, adult arcades and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.

(f)

At least fifty (50) communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections.

(g)

Since 1981 and to the present, there have been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States and in Arizona.

(h)

According to the Arizona Department of Health Services as of 1999 there have been 5,786 reported cases of AIDS in the State of Arizona.

(i)

The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-third of a million cases being reported in 1999.

(j)

The surgeon general of the United States, in a report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.

(k)

According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. According to the Surgeon General's Call to Action to Promote Sexual Health and Responsible Sexual Behavior, dated July 9, 2001, nearly two-thirds of the 774,467 AIDS cases reported since 1987 were sexually transmitted.

(l)

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.

(m)

Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films.

(n)

The findings noted in paragraphs (a) through (m) above raise substantial governmental concerns.

(o)

Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(p)

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein.

(q)

Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theatres.

(r)

Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.

(s)

The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases.

(t)

It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this article 10 is designed to prevent or who are likely to be witnesses to such activity.

(u)

The fact that an applicant for a sexually oriented business operator or employee license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this article 10.

(v)

The general welfare, health, morals and safety of the citizens of the city will be promoted by the enactment of this article 10.

Sexually oriented businesses are classified as follows:

(a)

Adult arcades;

(b)

Adult bookstores, adult novelty stores, or adult video stores;

(c)

Adult cabarets;

(d)

Adult hotels;

(e)

Adult motion picture theaters;

(f)

Adult theaters;

(g)

Escort agencies;

(h)

Nude model studios; and

(i)

Sexual encounter centers.

(a)

It is unlawful:

(1)

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this ordinance;

(2)

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this ordinance; or

(3)

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this ordinance.

(b)

An application for a license must be made on a form provided by the city.

(c)

All applicants must be qualified according to the provisions of this ordinance. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this ordinance.

(d)

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified as set forth below and each applicant shall be considered a licensee if a license is granted.

(e)

The completed application for a sexually oriented business license shall contain the information and shall be accompanied by the documents set forth in subsections (1)—(13) below. For individual applicants the information and documents shall relate to the individual. For applicants other than individuals, the information and documents shall relate to each person controlling a twenty (20) percent or greater interest in the applicant entity.

(1)

If the applicant is:

(A)

An individual, the individual shall (i) state his/her legal name and any aliases and (ii) submit proof that he/she is at least eighteen (18) years of age;

(B)

A partnership, the partnership, through its duly authorized representative, shall (i) state its complete name, and the names of all partners, (ii) indicate whether the partnership is general or limited and (iii) submit a copy of the partnership agreement, if any;

(C)

A corporation or other entity, the corporation or other entity, through its duly authorized representative, shall (i) state its complete name, (ii) provide the date of its incorporation or organization, as applicable, (iii) provide evidence that the corporation or entity is in good standing under the laws of its state of incorporation or organization, as applicable and (iv) provide the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process.

(2)

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he, she or it must (i) state the sexually oriented business's fictitious name and (ii) submit the required registration documents;

(3)

Whether the applicant, the applicant's officers or employees (if applicable) or a person residing with the applicant has been convicted of a specified criminal activity as defined in this ordinance and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such occurrence;

(4)

Whether the applicant, the applicant's officers or employees (if applicable) or a person residing with the applicant has had a previous license under this ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant, the applicant's officers or employees (if applicable) or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this ordinance whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;

(5)

Whether the applicant, the applicant's officers or employees (if applicable) or a person residing with the applicant holds any other licenses under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;

(6)

The single classification of license for which the applicant is filing;

(7)

The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any;

(8)

The applicant's mailing address and residential address;

(9)

A recent photograph of the applicant(s);

(10)

The applicant's driver's license number, Social Security number and/or his/her state or federally issued tax identification number;

(11)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches;

(12)

A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting:

(A)

The property lines and the structures thereon for the location proposed for the sexually oriented business.

(B)

All of the following uses existing or established within one thousand (1,000) feet of the proposed sexually oriented business: (i) a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, (ii) a public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school, (iii) a boundary of a residential district as defined in this ordinance, (iv) a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the city which is under the control, operation or management of the city or other governmental entity, (v) the property line of a lot devoted to a residential use as defined in this ordinance, (vi) an entertainment business which is oriented primarily towards children or family entertainment or (vii) a licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.

For the purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(13)

If an applicant wishes to operate a sexually oriented business, other than an adult hotel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall, in addition to the requirements of this section 28-224, comply with the application requirements set forth in section 28-234.

(f)

Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit, on a form to be provided by the city, the following information:

(1)

The applicant's name or any other name (including "stage" names) or aliases used by the individual;

(2)

Age, date and place of birth;

(3)

Height, weight, hair and eye color;

(4)

Present residence address and telephone number;

(5)

Present business address and telephone number;

(6)

Date, issuing state and number of driver's license or other identification card information;

(7)

Social Security number; and

(8)

Conclusive proof that the individual is at least eighteen (18) years of age.

(g)

Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:

(1)

Two, color photographs of the applicant, measuring two (2) inches by two (2) inches, clearly showing the applicant's face, in addition to the applicant's fingerprints on a form provided by the Avondale Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;

(2)

A statement detailing the license history of the applicant for the five-year period immediately preceding the date of filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application; or

(3)

A statement whether the applicant has been convicted of a specified criminal activity as defined in this ordinance and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

(a)

Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

(1)

The applicant has failed to provide information reasonable necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(2)

The applicant is under the age of eighteen (18) years;

(3)

The applicant has been convicted of "specified criminal activity" as defined in this ordinance;

(4)

The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this ordinance; or

(5)

The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 28-230 below.

(b)

A license granted pursuant to this section shall be subject to annual renewal on September 30 each year. Renewal shall be conditioned upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity or committed any act during the term of the previous license which would have been grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 28-226 below.

(c)

Within thirty (30) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true (i) with respect to the individual applicant or (ii) if the applicant is an entity other than an individual, with respect to any person controlling a twenty (20) percent or greater interest in the applicant entity:

(1)

An applicant is under eighteen (18) years of age;

(2)

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to any business;

(3)

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(4)

An applicant or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;

(5)

An applicant or a person with whom the applicant is residing has been convicted of specified criminal activity, as defined in this ordinance;

(6)

The premises to be used for the sexually oriented business have not been approved by the Maricopa County Department of Environmental Services, the Avondale Fire Department and the Department as being in compliance with applicable laws and ordinances;

(7)

The license fee required by this article 10 has not been paid; or

(8)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this ordinance.

(d)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to section 28-223 above. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

(e)

The Maricopa County Department of Environmental Services, the Avondale Fire Department and the department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the application by the city.

(f)

A sexually oriented business license shall not be issued to an applicant for more than one (1) classification as found in section 28-223 above.

(a)

Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee in the amount set forth on the schedule of fees adopted by the city council.

(b)

In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual non-refundable license fee in the amount set forth on the schedule of fees adopted by the city council. The license fee shall be paid at the time of issuance of a new license and not less than thirty (30) days prior to expiration of a current license in the case of an application for a renewal license.

(c)

Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual non-refundable application, investigation and license fee in the amount set forth on the schedule of fees adopted by the council.

(d)

All license fees shall be submitted to the city financial services department. The completed application, including a receipt showing payment of the required fee, shall be submitted to the city clerk.

(a)

An applicant or licensee shall permit representatives of the Avondale Police Department, Maricopa County Health Department, Avondale Fire Department, department or other city departments or agencies to inspect the premises of a sexually oriented business at any time it is occupied or open for business for the purpose of ensuring compliance with the law.

(b)

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(a)

Each license shall expire on September 30 of each year and may be renewed only by making an application as provided in section 28-224 above. Application for renewal shall be made not less than thirty (30) days before the expiration date. If an application for renewal is made less than thirty (30) days before the expiration date, the expiration date of the license will not be affected and the applicant shall not operate under the terms of the license during any period of time between the expiration of the license and the issuance of a renewal.

(b)

When the city denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the denial became final.

The city shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:

(a)

Violated or is not in compliance with any section of this ordinance; or

(b)

Refused to allow an inspection of the sexually oriented business premises as authorized by this section 28-227.

(a)

The city shall revoke a license if a cause for suspension in section 28-229 occurs during the twelve-month period after the same license has been suspended.

(b)

The city shall revoke a license if it determines that:

(1)

A licensee gave false or misleading information in the material submitted during the application process;

(2)

A licensee has knowingly allowed possession, use or sale of controlled substances on the sexually oriented business premises;

(3)

A licensee has knowingly allowed prostitution on the sexually oriented business premises;

(4)

A licensee knowingly operated the sexually oriented business or worked as an employee at a sexually oriented business during a period of time when the licensee's license was suspended or expired;

(5)

Except in the case of an adult hotel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the sexually oriented business premises; or

(6)

A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due.

(c)

When the city revokes a license, the revocation shall continue for not less than one (1) year, and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.

(d)

After denial of an application, denial of a renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.

A licensee shall not transfer a license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(a)

A person commits a class 1 misdemeanor if that person operates or causes to be operated a sexually oriented business in any Zoning District other than the General Industrial (A-1) District, as defined and described in article 4 of this ordinance.

(b)

A person commits a class 1 misdemeanor if the person operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:

(1)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2)

A public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;

(3)

A boundary of a residential district as defined in this ordinance;

(4)

A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the city which is under the control, operation or management of the city or other governmental entity;

(5)

The property line of a lot devoted to a residential use as defined in this ordinance;

(6)

An entertainment business which is oriented primarily towards children or family entertainment; or

(7)

A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State.

(c)

A person commits a class 1 misdemeanor if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.

(d)

A person commits a class 1 misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(e)

For the purpose of subsection 28-232(b) above, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection 28-232(b). Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this subsection.

(f)

For purposes of subsection 28-232(c) above, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(g)

Any sexually oriented business lawfully operating on the effective date of this article 10 that is in violation of subsections 28-232(a) through (b) above shall be deemed a legal nonconforming use. The legal nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such legal nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually legally operating at a particular location is the conforming use and the later established business(es) is/are nonconforming and subject to subsection 28-232(g) above.

(h)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection 28-232(b) above within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(a)

Evidence that a sleeping room in a hotel or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult hotel as that term is defined in this ordinance.

(b)

A person commits a class 1 misdemeanor if, as the person in control of a sleeping room in a hotel or similar commercial establishment that does not have a sexually oriented license, he/she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he/she rents or subrents the same sleeping room again.

(c)

For purposes of subsection 28-233(b) above, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(a)

A person who operates or causes to be operated a sexually oriented business, other than an adult hotel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The city may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;

(2)

The application shall be sworn to be true and correct by the applicant;

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city;

(4)

It is the duty of the licensee of the premises to ensure that at least one (1) licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises;

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station;

(6)

It shall be the duty of the licensee to ensure that the view area specified in subsection 28-234(a)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection 28-234(a)(1) above;

(7)

No viewing room may be occupied by more than one (1) person at any time;

(8)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5) foot-candles as measured at the floor level;

(9)

It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises;

(10)

No licensee shall allow openings of any kind to exist between viewing rooms or booths;

(11)

No person shall make or attempt to make an opening of any kind between viewing booths or rooms;

(12)

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist;

(13)

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting; or

(14)

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.

(b)

A person having a duty under subsections 28-234(a)(1) through (14) above commits a class 1 misdemeanor if he/she/it knowingly fails to fulfill that duty.

(a)

An escort agency shall not employ any person under the age of eighteen (18) years.

(b)

A person commits a class 1 misdemeanor if (1) the person is under the age of eighteen (18) and acts as an escort or agrees to act as an escort, (2) the person is eighteen (18) years or older and acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years or (3) it is the license holder for an escort agency that employs a person under the age of eighteen (18) as an escort.

(a)

A nude model studio shall not employ any person under the age of eighteen (18) years. The license holder of a nude model studio commits a class 1 misdemeanor if the nude model studio employs a person under eighteen (18) years of age.

(b)

A person under the age of eighteen (18) years commits a class 1 misdemeanor if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or visible to any other person.

(c)

A person commits a class 1 misdemeanor if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(d)

A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.

(a)

It shall be a class 1 misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or depicts specified sexual activities.

(b)

It shall be a class 1 misdemeanor for a person who knowingly or intentionally, in a sexually oriented business, appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten (10) feet from any patron or customer and on a stage at least two (2) feet from the floor.

(c)

It shall be a class 1 misdemeanor for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.

(d)

It shall be a class 1 misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.

A person commits a class 1 misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business.

No sexually oriented business, except for an adult hotel, may remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 1:00 a.m. and noon 12:00 p.m. on Sundays.

(a)

It is a defense to prosecution under section 28-237 above that a person appearing in a state of nudity did so in a modeling class operated:

(1)

By a proprietary school, licensed by the State of Arizona; a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

(A)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

(B)

Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and

(C)

Where no more than one (1) nude model is (i) appearing semi-nude, (ii) in a state of nudity or (iii) displaying specified anatomical areas on the premises at any one (1) time.

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 28-232 of this ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.