3-08-001

A. Purpose. It is the purpose of this ordinance to regulate ADULT ORIENTED BUSINESSES in order to promote the health, safety, morals, and general welfare of the citizens of the City through reasonable and uniform regulations to encourage operators of ADULT ORIENTED BUSINESSES to see that such businesses are run in a manner consistent with the health, safety and welfare of their patrons and employees, as well as the citizens of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

B. Findings. The City of Flagstaff specifically finds the licensing of persons who operate and manage adult oriented businesses and persons who provide adult services will further the goals of the ordinance by enabling the City to ascertain if an applicant is underage or has engaged in criminal or other behavior of the sort the ordinance is designed to limit. This information will enable the City to allocate law enforcement resources effectively and otherwise protect the community. The City of Flagstaff finds that limiting proximity and contact between adult service providers and patrons promotes the goal of reducing prostitution and other causal sexual conduct and the attendant risk of sexually transmitted diseases. The City finds the foregoing to be true with respect to places where alcohol is served and where it is not. The City finds that individual and interactive sexual activities in adult video facilities pose a risk of sexually transmitted disease, especially AIDS, and that the booth configuration options of the ordinance will reduce that risk. The City finds that the harmful secondary effects of adult oriented businesses are more pronounced when conducted continuously or during late night hours. The fees established for licenses and permits in this ordinance are based on the estimated cost of implementation, administration and enforcement of the licensing program. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the 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), and based upon the legislative findings and evidence provided to the State of Arizona as part of Arizona Revised Statutes, Title 13, Chapter 14, sections 13-1422; the evidence of the adverse secondary effects of adult-oriented businesses presented in hearings and in reports made available to the Arizona State Legislature; and the evidence of adverse secondary effects of adult-oriented businesses presented to the City, the Council finds:

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

2. Certain employees of adult 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.

3. Sexual acts, including masturbation, and oral and anal sex, occur at adult oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.

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

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

6. At least 50 communicable diseases may be spread by activities occurring in adult 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.

7. Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States -- 1,170 in 1982, 3,068 in 1983, with a peak of 78,164 ten years later in 1993, and a total of 700,979 through December 31, 1998.

8. As of June 1999, there have been 6,528 reported cases of AIDS and 4,188 reported cases of HIV in the State of Arizona.

9. Although the number of cases of syphilis in the United States reported annually has declined since 1990, the number of cases reported in Arizona has risen. Between 1997 and 1998, there was an increase of 40% in the number of cases of syphilis reported in Arizona, according to the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services.

10. After several years of decreases in reported cases of gonorrhea in the United States, the number of cases reported annually increased from 326,564 in 1997 to 355,642 in 1998, according to the Centers for Disease Control and Prevention.

11. The surgeon general of the United States in his report of October 22, 1986, has 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.

12. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.

13. Sanitary conditions in some adult 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.

14. Numerous studies and reports have determined that semen is found in the areas of ADULT ORIENTED BUSINESSES where persons view "adult" oriented films.

15. The findings noted in paragraphs number 1 through 14 raise substantial governmental concerns.

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

17. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the ADULT ORIENTED BUSINESSES. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the adult 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 adult oriented business, fully in possession and control of the premises and activities occurring therein.

18. 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.

19. Requiring licensees of adult 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.

20. The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult 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.

21. 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 ordinance is designed to prevent or who are likely to be witnesses to such activity.

22. The fact that an applicant for an adult use 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 ordinance.

23. The barring of such individuals from the management of adult uses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.

24. The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this ordinance.

(Ord. 2000-01, Added, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0002 DEFINITIONS

A. ADULT ARCADE means any place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images involving SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS.

B. ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE means a commercial establishment that offers for sale, rent or viewing any of the following as one of its PRINCIPAL BUSINESS PURPOSES:

1. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS.

2. Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities excluding condoms, diaphragms, contraceptive inserts, contraceptive medications and other birth control or disease prevention devices prescribed by a licensed medical doctor or osteopathic doctor; or

3. Regularly excludes all minors from the premises or a separate defined section thereof because of the sexually explicit nature of the items sold, rented or displayed.

A commercial establishment may have other business purposes that do not involve the offering for sale or rental of material depicting or describing specific sexual activities or specific anatomical areas and still be categorized as an ADULT BOOKSTORE, ADULT VIDEO STORE or ADULT NOVELTY STORE. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an ADULT BOOKSTORE, ADULT VIDEO STORE, or ADULT NOVELTY STORE.

C. ADULT CABARET excludes any establishment licensed under Arizona Revised Statutes, Title 4, and includes any nightclub, bar, topless bar, restaurant, or similar commercial establishment that regularly features:

1. persons who appear in a state of Nudity or who are Seminude; or

2. live performances which are characterized by the exposure of SPECIFIC ANATOMICAL AREAS or by SPECIFIC SEXUAL ACTIVITIES; or

3. films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS.

Nothing in the definition of ADULT CABARET shall be construed to apply to the presentation, showing or performance of any play, drama or ballet in any theater, concert hall, fine arts academy, school, institution of higher learning or other similar establishment as a form of expression or opinion or communication of ideas or information, as differentiated from the promotion or exploitation of Nudity for the purposes of advancing the economic welfare of a commercial or business enterprise.

D. Adult Live Entertainment Establishment means a nightclub, bar, restaurant, theater, or other establishment or enterprise that features any of the following:

1. Persons who appear in a State of Nudity; or

2. Live performances that are characterized by the exposure of Specific Anatomical Areas or by Specific Sexual Activities;

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of Specific Sexual Activities or Specific Anatomical Areas.

Nothing in the definition of Adult Live Entertainment Establishment shall be construed to apply to the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of Nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

E. ADULT MOTEL means a hotel, motel or similar commercial establishment which:

1. offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, video reproductions, slides, or other reproductions offered in photographic, electronic, magnetic, digital or other imaging medium or other visual presentations which are distinguished or characterized by Specific Sexual Activities or Specific Anatomical Areas as one of its Principal Business Purposes; or

2. offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

3. allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

F. ADULT MOTION PICTURE THEATER means a commercial establishment in which are predominantly shown, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides, plate negative film, plate positive film or tape designed to be projected on a screen for exhibition, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen, or images from an on-site or off-site electronic or magnetic storage medium, including but not limited to any hard disk, floppy disk, diskette, disk pack, DVD, CD-ROM, hologram, magnetic tape or cards or other similar photographic reproductions or any other device capable of creating a display on a screen or other viewing media that are characterized by the depiction or description of Specific Sexual Activities or Specific Anatomical Areas Nothing in the definition of Adult Motion Picture Theater shall be construed to apply to the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of Nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

G. Adult-Oriented Business means the existence, operation, opening or commencement of, or the conversion of an existing business to, or the addition to any other existing business of, or the relocation of any of the following: Adult Arcades; Adult Bookstores or Video Stores or Novelty Stores; Cabarets; Adult Live Entertainment Establishments; Adult Motion Picture Theaters; Adult Theaters; Massage Establishments that offer Adult Service; Escort Agencies that offer Adult Service; Sexual Encounter Centers; Erotic Dance or Performance Studios; Adult Motels or Nude Model Studios.

H. Adult-Oriented Business Manager means a person on the premises of an Adult-Oriented Business who is authorized to exercise overall operational control of the business.

I. Adult Service means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an Adult Oriented Business by a person who is Nude or Seminude during all or part of the time that the person is providing the service.

J. Adult Service Provider or Erotic Entertainer means any natural person who provides an Adult Service.

K. ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment that features, exhibits, or displays during any part of any two (2) or more days within any continuous thirty (30) day period, for any form of consideration, persons who appear in a state of nudity or semi-nudity, or live performances that expose or exhibit specific Anatomical Areas or by specific Sexual Activities. Nothing in the definition of Adult Theater shall be construed to apply to the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of Nudity for the purposes of advancing the economic welfare of a commercial or business enterprise.

K. BOOTH means a partitioned area, in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images characterized by depiction of SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS.

L. CABARET means an ADULT-ORIENTED BUSINESS licensed to provide alcoholic beverages pursuant to Arizona Revised Statutes, title 4, chapter 2, article 1.

M. DISCERNIBLY TURGID state means the state of being visibly swollen, bloated, inflated or distended.

N. EMPLOYEE means a person who performs any service on the premises of an ADULT ORIENTED BUSINESS on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

O. EROTIC ENTERTAINER means any employee who appears either SEMINUDE or in a state of Nudity on the premises of an ADULT ORIENTED BUSINESS.

P. EROTIC DANCE or PERFORMANCE STUDIO means a business which emphasizes and seeks, through one or more dancers or other performers, to arouse or excite the patrons’ sexual desires. Nothing in the definition of EROTIC DANCE or PERFORMANCE STUDIO shall be construed to apply to the presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of Nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

Q. ESCORT means a person who for consideration agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

R. ESCORT AGENCY means a person or business association that furnishes, offers to furnish, or advertises the furnishing of escorts as one of its primary business purposes for any fee, tip, or other consideration.

S. ESTABLISHMENT means and includes any of the following:

1. the opening or commencement of any ADULT ORIENTED BUSINESS as a new business;

2. the conversion of an existing business, whether or not an ADULT ORIENTED BUSINESS, to any ADULT ORIENTED BUSINESS;

3. the addition of any ADULT ORIENTED BUSINESS to any other existing ADULT ORIENTED BUSINESS; or

4. the relocation of any ADULT ORIENTED BUSINESS.

T. LICENSE means the license required by this ordinance as a condition to conducting an ADULT ORIENTED BUSINESS.

U. LICENSEE means a person in whose name a LICENSE to operate an ADULT ORIENTED BUSINESS has been issued, as well as the individual listed as an applicant on the application for a LICENSE; and in the case of an employee, a person in whose name a LICENSE has been issued authorizing employment in an ADULT ORIENTED BUSINESS.

V. MANAGER’S STATION means a permanently designated area marked accordingly within an ADULT ORIENTED BUSINESS where an ADULT ORIENTED BUSINESS MANAGER is located in the normal course of operations.

W. MASSAGE ESTABLISHMENT means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. A message establishment shall also include any bathing establishment operated in conjunction with the business. This paragraph does not apply to:

1. Physicians licensed pursuant to Arizona Revised Statutes, title 32, chapter 7, 8, 13, 14 or 17.

2. Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician licensed pursuant to Arizona Revised Statutes, title 32, chapter 13 or 17.

3. Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.

3. Persons who are licensed pursuant to Arizona Revised Statutes, title 32, chapter 3 or 5 if the activity is limited to the head, face or neck.

X. NUDE MODEL STUDIO means any place where a person who appears in a STATE OF NUDITY, or who displays SPECIFIC ANATOMICAL AREAS and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by other persons who pay money or other consideration. NUDE MODEL STUDIO does not include a proprietary school licensed by the State of Arizona or by a college, community college or university supported entirely or in part by taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or partly by taxation; or in a structure:

1. that has no sign visible from the exterior of the structure and no other advertising that indicates a Nude or Seminude person is available for viewing; and

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

3. where no more than one NUDE or SEMINUDE model is on the premises at any one time.

Y. NUDE, NUDITY or a STATE OF NUDITY means any of the following:

1. the appearance of the cleft of the buttocks, a human anus, genitals, or female breast below a point immediately above the top of the areola; or

2. a state of dress which fails to opaquely cover the cleft of the buttocks, a human anus, genitals, or female breast below a point immediately above the top of the areola.

Z. PATRON means a person invited or permitted to enter and remain upon the premises of an ADULT ORIENTED BUSINESS, whether or not for consideration.

AA. PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity.

BB. PRINCIPAL BUSINESS PURPOSES means that a commercial establishment meets any one or more of the following criteria:

1. That has thirty percent (30%) or more of its inventory, stock, or merchandise on hand at any time that is comprised of items listed in subsection AA; or

b. That derives thirty percent (30%) or more of its gross income for any one calendar month from the sale or rental, for any form of consideration, of the items listed in subsection AA; or

c. That at any time displays items listed in subsection AA either in a display area that is thirty percent (30%) or more of its total display area or on a floor area equal to at least 200 square feet. For purposes of calculating the floor area, the business premises shall be viewed from above in two dimensions and all areas that are reserved for foot traffic shall be included; or

d. Which regularly excludes minors from the premises because of the sexually explicit nature of the items sold, rented or displayed on the business premises.

CC. SEMINUDE means a state of dress a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

DD. SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, offers for any form of consideration or features, displays, exhibits, or permits:

1. Activities between persons when one or more of the persons is in a STATE OF NUDITY;

2. The matching and/or exchanging of persons for SPECIFIC SEXUAL ACTIVITIES;

3. Activities between persons when one or more of the persons is in a STATE OF NUDITY for the purpose of engaging or attempting to engage in Specific Sexual Activities; or

4. Physical contact between persons, when one or more of the persons is in a STATE OF NUDITY in the forms of tumbling, wrestling or other similar activities for the purpose of engaging or attempting to engage in Specific Sexual Activities.

EE. SEXUALLY EXPLICIT MATERIAL means books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, video reproductions, slides, or other products offered in photographic, electronic, magnetic, digital or other imaging medium, or other visual representations that are distinguished or characterized by an emphasis on matters that depict, describe or exhibit SPECIFIC SEXUAL ACTIVITIES or SPECIFIC ANATOMICAL AREAS, or instruments, devices, or paraphernalia, excluding condoms and other birth control and disease prevention products, that are designed for use in connection with SPECIFIC SEXUAL ACTIVITIES.

FF. SPECIFIC ANATOMICAL AREAS means:

1. A human anus, genitals, pubic region, cleft of the buttocks or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered; or

2. Human genitals in a discernibly turgid state even if completely and opaquely covered;

GG. SPECIFIC SEXUAL ACTIVITIES means any of the following:

1. Human genitals in a state of sexual stimulation or arousal;

2. Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy;

3. Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast; or

4. Urinary or excretory functions as part of or in connection with any of the activities under subdivision 1., 2., or 3. of this paragraph.

HH. SPECIFIED CRIMINAL ACTIVITY means any of the following offenses:

1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public sexual indecency; indecent exposure; sexual abuse; sexual conduct with a minor; engaging in organized criminal activity; sexual assault; molestation of a child; sexual assault of a spouse; gambling; distribution of a controlled substance; or any similar offenses to those described above under the Arizona Criminal Code or the penal code of other states or countries;

2. For which:

(a) less than two (2) 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;

(b) less than five (5) 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

(c) less than five (5) 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 24-month period.

3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

II. SUBSTANTIAL ENLARGEMENT of an ADULT ORIENTED BUSINESS means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this ordinance takes effect.

JJ. TRANSFER OF OWNERSHIP OR CONTROL of an ADULT ORIENTED BUSINESS means and includes any of the following:

1. the sale, lease, or sublease of the business;

2. the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3. the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 2000-15, Amended, 08/01/2000; Ord. 2000-01, Added, 02/01/2000)

3-08-001-0003 CLASSIFICATION

Sexually oriented businesses are classified as follows:

A. ADULT ARCADES;

B. ADULT BOOKSTORES or NOVELTY STORES or VIDEO STORES;

C. ADULT CABARETS;

D. ADULT LIVE-ENTERTAINMENT ESTABLISHMENTS;

E. ADULT MOTELS;

F. ADULT MOTION PICTURE THEATERS;

G. ADULT THEATERS;

H. CABARETS;

I. EROTIC DANCE or PERFORMANCE STUDIOS;

J. ESCORT AGENCIES that offer ADULT SERVICE;

K. MASSAGE ESTABLISHMENTS that offer ADULT SERVICE;

L. NUDE MODEL STUDIOS; and

M. SEXUAL ENCOUNTER CENTERS.

(Ord. 2000-01, Added, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0004 LICENSE REQUIRED

A. It is a class one misdemeanor:

1. For any person to operate an ADULT ORIENTED BUSINESS without a valid ADULT ORIENTED BUSINESS LICENSE issued by the City pursuant to this ordinance.

2. For any person who operates an ADULT ORIENTED BUSINESS to employ a person to work for the ADULT ORIENTED BUSINESS who is not licensed as an ADULT ORIENTED BUSINESS employee by the City pursuant to this ordinance.

3. For any person to obtain employment with an ADULT ORIENTED BUSINESS without having secured an ADULT ORIENTED BUSINESS EMPLOYEE LICENSE pursuant to this ordinance.

B. An application for a LICENSE must be made on a form provided by the City’s Tax, Revenue and Licensing Division.

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) to obtain a state and federal criminal history check to enable the City to determine whether the applicant meets the qualifications established in this ordinance. The Police Department is authorized to exchange this information with the Arizona Department of Public Safety and the Federal Bureau of Investigation. Fingerprints must be submitted on fingerprint cards provided by the Police Department.

D. If a person who wishes to operate an ADULT ORIENTED BUSINESS is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an ADULT ORIENTED BUSINESS is other than an individual, each officer, director, general partner or other person who will participate directly and regularly in decisions relating to management of the business must sign the application for a LICENSE as applicant. Each applicant must be qualified under the following Section, and each applicant shall be considered a LICENSEE if a LICENSE is granted by the City’s Tax, Revenue and Licensing Division.

E. The completed application for an ADULT ORIENTED BUSINESS LICENSE shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. an individual, the individual shall state his/her legal name and any aliases or stage names used within the last five (5) years and submit proof that he/she is at least 18 years of age;

b. a partnership, the partnership shall state its complete name, and the names of all partners who will participate directly and regularly in decisions relative to management of the business, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

c. a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers and directors who will participate directly and regularly in decisions relative to management of the business, and the name and address of the registered corporate agent for service of process;

d. a limited liability company, the company shall state its complete name, and the names of all members who will participate directly and regularly in decisions relative to management of the business. If the management of the limited liability company is vested in a manager or managers, the company shall also state the name of each person who is a manager of the limited liability company

2. If the applicant intends to operate the ADULT ORIENTED BUSINESS under a name other than that of the applicant; he or she must state 1) the ADULT ORIENTED BUSINESS’s fictitious name and 2) submit the required registration documents.

3. Whether the applicant has been convicted of a SPECIFIED CRIMINAL ACTIVITY as defined in this ordinance within the past five (5) years, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each offense.

4. Whether the applicant has had a previous license under this ordinance or other similar ADULT ORIENTED BUSINESS ordinances from another city or county denied, suspended or revoked, within the past five (5) years including the name and location of the ADULT ORIENTED BUSINESS for which the license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership, a member of a limited liability company, 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 ADULT 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 holds any other licenses under this ordinance or other similar ADULT 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 for each business.

7. The location of the proposed ADULT 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 the property lines and the structures containing any existing ADULT ORIENTED BUSINESSES within seven hundred fifty (750) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one-quarter mile of the property to be certified; and the property lines of any residential areas within one-quarter mile of the property to be certified. For 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 an ADULT ORIENTED BUSINESS, other than an adult motel, 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 or exhibit specific sexual activities or specific anatomical areas, then the applicant shall comply with the application requirements set forth in Section 3-08-001-0014.

F. Before any applicant may be issued an ADULT 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 permit or other identification card information;

7. Social Security number; and

8. Proof that the individual is at least eighteen (18) years of age.

G. Attached to the application form for an ADULT ORIENTED BUSINESS employee license as provided above, shall be the following:

1. A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the 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 (5) years immediately preceding the date of the filing of the application, including whether such applicant has had a previous license, permit or authorization under this ordinance or other similar ADULT ORIENTED BUSINESS ordinances from another city or county 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(s) in use by the applicant at the time of such denial revocation or suspension, 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.

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 offense.

H. Confidentiality. Any records or information obtained by or disclosed to the City in connection with an application for license or license renewal under this chapter shall be treated as confidential information by the City and shall not be available for public inspection or copying or divulged to any person, except as required by Title 39, Chapter 1, Article 2 of the Arizona Revised Statutes regarding public records, and as provided in this subsection. The City may disclose confidential information only as follows:

1. To law enforcement officials in connection with a law enforcement or public safety function.

2. In connection with an action brought pursuant to this chapter or to Title 39, Chapter 1, Article 2 of the Arizona Revised Statutes.

3. Upon order of a court of competent jurisdiction.

(Ord. 2000-15, Amended, 08/01/2000; Ord. 2000-01, Added, 02/01/2000; (Amended. 2007-28, 05/01/2007)

3-08-001-0005 ISSUANCE OF LICENSE

A. ADULT ORIENTED BUSINESS LICENSE. Within 30 days after receipt of a completed ADULT ORIENTED BUSINESS LICENSE application, the City’s Tax, Revenue and Licensing Administrator, or other person designated by the City Manager to administer this Division of the Flagstaff City Code, shall approve or deny the issuance of an annual license to an applicant. If the City fails to mail the applicant a LICENSE or notice of intent to deny the LICENSE application, the LICENSE shall be deemed granted. Issuance of any license, or temporary license does not waive any right of the City to revoke, deny or suspend for any defect, omission or misrepresentation in the application. The City’s Tax, Revenue and Licensing Administrator shall approve the issuance of a License to an applicant unless it is determined that one or more of the following findings is true:

1. An applicant is under eighteen (18) years of age.

2. An applicant 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 activity of the applicant in the City.

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 has been denied a license by the City to operate an ADULT ORIENTED BUSINESS within the preceding twelve (12) months or whose license to operate an ADULT ORIENTED BUSINESS has been revoked within the preceding twelve (12) months.

5. An applicant has been convicted of a SPECIFIED CRIMINAL ACTIVITY defined in this ordinance.

6. The premises to be used for the ADULT ORIENTED BUSINESS have not been approved by the health department, fire department, and the building official, after due investigation, as being in compliance with applicable laws and ordinances.

7. The license fee required by this ordinance has not been paid.

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

9. The applicant or licensee has committed an act in violation of 18 U.S.C. § 2257 within the past two (2) years.

B. SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE. Upon the filing of said application for an ADULT 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 that one or more of the following findings is true:

1. The 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;

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

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

4. The ADULT 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 an ADULT ORIENTED BUSINESS employee license revoked by the City within two (2) years of the date of the current application. If the ADULT 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 03-08-001-0010.

6. The applicant or licensee has committed an act in violation of 18 U.S.C. § 2257 within the past two (2) years.

C. Annual License Renewal. A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City’s Tax, Revenue and Licensing Administrator, within thirty (30) days of the filing of the application, that the applicant has not been convicted of any SPECIFIED CRIMINAL ACTIVITY as defined in this ordinance or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. If a license renewal is denied, the license subject to renewal shall remain in place pending an appeal pursuant to the provisions of SECTION 3-08-001-0010(D). The renewal of the license shall be subject to the payment of the fee as set forth in Section 3-08-001-0006.

D. Posting Requirement. 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 ADULT ORIENTED BUSINESS and the classification for which the license is issued pursuant to Section 3-08-001-0003.

1. Business Licenses. All licenses for businesses shall be posted in a conspicuous place at or near the entrance to the ADULT ORIENTED BUSINESS so that they may be easily read at any time.

2. Employee Licenses. A ADULT ORIENTED BUSINESS employee license must be on the employee’s person, readily available for inspection, or at the adult business premises, at all times during which the employee is engaging in such licensed business activities within the city and shall be available for inspection upon request by any law enforcement officer or any city official whose duties are related to licensing.

E. Certifications Required. The fire department and building officials shall complete their certifications that the premises are in compliance or not in compliance with requirements of this Adult Oriented Business Licensing Ordinance and other applicable City ordinances within twenty (20) days of receipt of the application by the City.

F. License Classification. An ADULT ORIENTED BUSINESS license shall issue for only one classification as found in Section 3-08-001-0003.

G. Licenses Not Transferable. Licenses issued under this section are not transferable.

(Ord. 2000-15, Amended, 08/01/2000; Ord. 2000-01, Added, 02/01/2000)

3-08-001-0006 FEES

A. Every application for an ADULT ORIENTED BUSINESS license (whether for a new license or for renewal of an existing license) shall be accompanied by a Two Hundred Fifty Dollar ($250.00) non-refundable application and investigation fee.

B. In addition to the application and investigation fee required above, every ADULT ORIENTED BUSINESS that is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee of Two Hundred Fifty Dollars ($250.00) within thirty (30) days of license issuance or renewal.

C. Every application for an ADULT ORIENTED BUSINESS employee license shall be accompanied by a One Hundred Dollar ($100.00) non-refundable application and investigation fee. In addition, every ADULT ORIENTED BUSINESS employee who is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee of Twenty-Five Dollars ($25.00) at the time the license is issued.

D. All license applications and fees shall be submitted to the Tax, Revenue, and Licensing Administrator of the City.

Ord. Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0007 INSPECTION

A. An applicant or licensee shall permit representatives of the Police Department, Fire Department, Zoning Department, or other City departments or agencies to inspect the premises of an ADULT ORIENTED BUSINESS for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B. A person who operates an ADULT ORIENTED BUSINESS or his agent or employee commits a class two misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.

(Ord. Ord. 2000-01, Add, 02/01/2000)

3-08-001-0008 EXPIRATION OF LICENSE

A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 3-08-001-0004. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

B. When the City denies renewal of a license, the applicant shall not be issued a license for one 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 denial became final.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0009 SUSPENSION

A. 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:

1. violated or is not in compliance with any section of this ordinance;

2. refused to allow an inspection of the ADULT ORIENTED BUSINESS premises as authorized by this chapter;

3. has violated applicable provisions of the City of Flagstaff Land Development Code;

4. been on the premises of the ADULT ORIENTED BUSINESS while in an intoxicated condition or has committed disorderly conduct as defined in A.R.S. Section 13-2904 while on the premises of the business, or knowingly has permitted an employee to be on the business premises while the employee was in an intoxicated condition;

5. knowingly permitted gambling by any person on the premises of the ADULT ORIENTED BUSINESS.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0010 REVOCATION AND STAY OF REVOCATION, SUSPENSION OR DENIAL OF LICENSE

A. The City shall revoke a license if a cause of suspension in Section 3-08-001-0009 occurs and the license has been suspended within the preceding twelve (12) months.

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 premises;

3. a licensee has knowingly allowed prostitution on the premises;

4. a licensee knowingly operated the ADULT ORIENTED BUSINESS during a period of time when the licensee’s license was suspended;

5. except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;

6. a licensee is delinquent in payment to the City, County, or State for any taxes or fees past due;

7. on two (2) or more occasions within a twelve (12) month period, a person or persons while in or on the license premises committed an offense listed in Section 3-08-001-0002(S)(1), for which a conviction has been obtained, and the person or persons were managers or employees of the ADULT ORIENTED BUSINESS at the time the offenses were committed.

C. When the City revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued an ADULT 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. If the City denies the issuance of a license or suspends or revokes a license, the City will send to the applicant or licensee by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation the person whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the Superior Court. An appeal to the Superior Court must be filed within thirty (30) days after the receipt of notice of the decision of the City. A licensee’s filing of an appeal or other legal action, in good legal order and within thirty (30) days of receipt of the written notice of suspension or revocation, challenging the City’s decision to suspend or revoke a license under this chapter shall cause the license to remain in effect until a judge hears and decides the merits of the matter. An applicant’s filing of an appeal or other legal action, in good legal order and within thirty (30) days of receipt of the written notice not to issue a license, challenging the City’s decision not to issue a license under this chapter shall result in the City issuing a temporary license to applicant to operate until a judge hears and decides the merits of the matter.

(Ord. 2000-15, Amended, 08/01/2000; Ord. Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0011 TRANSFER OF LICENSE

A licensee shall not transfer his/her license to another, nor shall a licensee operate an ADULT ORIENTED BUSINESS under the authority of a license at any place other than the address designated in the application.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0012 LOCATION

A. A person commits a class one misdemeanor if that person operates or causes to be operated an ADULT ORIENTED BUSINESS in any zoning district other than as specified in the City of Flagstaff’s zoning ordinances. Each day of violation constitutes a separate offense.

B. Pursuant to Arizona Revised Statutes Section 13-1422(A), an adult oriented business shall not be located within one-fourth mile of a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship. For the purposes of this subsection, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an adult oriented business to the nearest point on the property line of a parcel containing a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship. An adult oriented business lawfully operating in conformity with this section does not violate this section if a child care facility, a private, public or charter school, a public playground, a public recreational facility, a residence or a place of worship subsequently locates within one-fourth mile of the adult oriented business.

C. For purposes of this Section, the maintenance of two (2) or more Adult Oriented Businesses in a single building that are not at least fifty-one percent (51%) owned by the same entity shall be treated as two separate Adult Oriented Businesses for purposes of applying the locational provisions of this Section.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0013 ADDITIONAL REGULATIONS FOR ADULT MOTELS

A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishments has been rented and vacated two 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 Motel as that term is defined in this ordinance.

B. A person commits a class two misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a Adult Oriented Business License, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.

C. For purposes of subsection B. of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0014 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS

A. A person who operates or causes to be operated an ADULT ORIENTED BUSINESS, other than an Adult Motel, 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 Specific Sexual Activities or Specific Anatomical Areas, shall comply with the following requirements:

1. Upon application for a ADULT oriented Business License, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one 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 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 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 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 (5) 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 1 of this Section.

7. No viewing room may be occupied by more than one 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 (5.0) 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 washable surfaces, with no rugs or carpeting.

14. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily washable 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 Subsection 1 through 14 of Paragraph A above commits a class two misdemeanor if he knowingly fails to fulfill that duty.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0015 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES

A. An Escort Agency shall not employ any person under the age of 18 years.

B. A person commits a class one misdemeanor if the person acts as an Escort or agrees to act as an Escort for any person under the age of 18 years.

C. An Escort Agency shall obtain an Adult Oriented Business License if its business or office location is in the City of Flagstaff, or if it furnishes any person who acts as an Escort in the City.

(Ord. 2000-15, Amended, 08/01/2000; Ord. Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0016 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS

A. The operator of a Nude Model Studio commits a class one misdemeanor if he employs any person under the age of 18 years.

B. A person under the age of 18 years commits a class two misdemeanor if the person appears Seminude 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 18 years was in a restroom not open to public view or visible to any other person.

C. A person commits a class two 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.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0017 ADDITIONAL REGULATIONS CONCERNING PUBLIC NUDITY

A. It shall be a class two misdemeanor for a person who knowingly and intentionally, in an Adult Oriented Business, appears in a State of Nudity or depicts Specific Sexual Activities.

B. It shall be a class two misdemeanor for a person who knowingly or intentionally in an Adult Oriented Business appears in a Seminude condition unless the person is an employee who, while Seminude, shall be at least ten (10) feet from any patron or customer and on a stage at least two feet from the floor.

1. It is a class two misdemeanor for an Erotic Entertainer, while performing, to knowingly:

a. use his or her hands, or any other part of his or her body, to make contact with the breasts, buttocks, anus or genitals of any other person; or

b. permit his or her breasts, buttocks, anus or genitals to make contact with any other person; or

c. display any portion of the areola of the female breast, or any portion of the erotic entertainer’s pubic hair, anus, vulva, or genitals; or

d. permit a patron to place any money on the person of, or on the costume of, an erotic entertainer provided that incidental hand-to-hand contact occurring during the act of tipping shall not be unlawful; or

e. perform anywhere other than in the "general patron area" or in any other location which is not entirely visible by "direct line of sight" from the "general patron area." For purposes of this section, "general patron area" means that portion of the business premises, excluding lobbies and restrooms, which is available to any member of the general public lawfully on the premises without payment of a fee or consideration other than a cover charge or other consideration payable to gain admittance to the premises generally.

f. For purposes of this subsection, "contact" shall include contact which occurs through clothing or by means of any other object.

C. It shall be a class two misdemeanor for an employee, while semi-Nude in an ADULT 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 an ADULT ORIENTED BUSINESS.

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

It is unlawful for any person to work as an erotic entertainer on the premises of a business with a liquor license issued by the Arizona Department of Liquor Licenses and Control unless such person is at least 19 years old, regardless of whether such person has been issued an employee license by the City. The manager of the premises for which a liquor license has issued shall require all persons who seek to work on the premises as erotic entertainers to display to the manager valid proof of age in the form of one of the following documents before allowing such persons to work as erotic entertainers on the premises:

1. An unexpired driver’s license issued by any state, provided such license includes a picture of the person;

2. An identification license issued pursuant to Arizona Revised Statutes, Section 28-3165;

3. An armed forces identification card;

4. An unexpired passport which is issued by a government and which contains a photograph of the person and date of birth; or

5. Any other identification document issued by a government which has substantial indices of reliability.

(Ord. 2000-01, Add, 02/01/2000 (Amended. 2007-28, 05/01/2007))

3-08-001-0018 ADDITIONAL OPERATIONAL REQUIREMENTS FOR ADULT ORIENTED BUSINESSES

A. Adult Oriented Businesses shall comply with the following:

1. For the prevention of the spread of sexually transmitted diseases, no partitions between subdivisions of a room, portion or part of a building, structure or premises may have an aperture which is designed or otherwise constructed to permit sexual activity between persons on either side of the partition;

2. All exterior doors shall remain closed during business hours;

3. All materials, projections, entertainment or other activities involving or depicting Specific Sexual Activities or Specific Anatomical Areas shall not be visible from off-premise areas or from portions of an establishment accessible to minors;

4. Sound from projections or entertainment shall not be audible from off-premises areas;

5. No booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, shall have doors, curtains or portal partitions, but all such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.

(a) The words "booth, stalls, partitioned portions of a room or individual rooms" mean such enclosures as are specifically offered to the public or members of that establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business the entertainment to be viewed within the enclosure; which shall include, without limitation, such enclosures wherein the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure;

(b) The words "booths, stalls, partitioned portions of a room or individual rooms" do not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee, and are not open to any persons other than employees;

(c) The words "doors, curtains or portal partitions" mean full, complete, nontransparent closure devices through which one cannot see or view the activity taking place within the enclosure; and

(d) The words "open to adjacent public room so that the area inside is visible to person in the adjacent public room" shall mean either the absence of any "door, curtain or portal partition" or a door or other device which is made of clear, transparent material such as glass, plexiglass or other such material meeting building code and safety standards, extending from the floor to the top of the door frame, exclusive of the door or device framing itself, so that the activity inside the enclosure may be viewed or seen by persons outside the enclosure.

(Amended. 2007-28, 05/01/2007) (Amended. 2007-28, 05/01/2007)

3-08-001-0019 PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS AND DUTY TO INSPECT OUTSIDE A SEXUALLY ORIENTED BUSINESS

A. A person commits a class one misdemeanor if the person knowingly allows a person under the age of 18 years on the premises of an Adult Oriented Business.

B. A person commits a class two misdemeanor if a person operates or causes to be operated an Adult Oriented Business and fails, at least once every eight (8) hours during each business day, to inspect or cause to be inspected the outside of the Adult Oriented Business premises for trash or waste resulting from Specific Sexual Activities, or describing or depicting specific sexual activities or Specific Anatomical Areas and, if any such trash or waste is found, to pick up and dispose of the trash or waste properly inside the premises of the Adult Oriented Business.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0020 HOURS OF OPERATION

No Adult Oriented Business, except for an adult motel, may remain open at any time between the hours of one o’clock (1:00) A.M. and eight o’clock (8:00) A.M. on weekdays and Saturdays, and one o’clock (1:00) A.M. and noon (12:00) P.M. on Sundays. A violation of this provision is a class one misdemeanor.

(Ord. Ord. 2000-01, Add, 02/01/2000)

3-08-001-0021 EXEMPTIONS

A. It is a defense to prosecution under Section 3-08-001-0017 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, community 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, community 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; and

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 Nude model is on the premises at any one time.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0022 INJUNCTION

A. A person who operates or causes to be operated an ADULT ORIENTED BUSINESS without a valid license commits a class one misdemeanor, punishable upon conviction by a fine of not more than twenty-five hundred dollars ($2,500) or by imprisonment for not more than six (6) months. Each day the violation continues shall constitute a separate offense.

B. An enterprise, as defined in Title 13 of the Arizona Revised Statutes, which operates or causes to be operated an ADULT ORIENTED BUSINESS without a valid license commits a class one misdemeanor and shall be subject to a fine of not more than twenty thousand dollars ($20,000).

C. In addition to other penalties, an ADULT ORIENTED BUSINESS which operates without a valid license shall constitute a public nuisance which may be abated by a suit for injunctive relief.

(Ord. 2000-15, Amended, 08/01/2000; Ord. Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0023 SEVERABILITY

If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0024 CONFLICTING ORDINANCES REPEALED

All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

(Ord. Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)

3-08-001-0025 DATE FOR COMPLIANCE WITH CERTAIN PROVISIONS

The provisions of this ordinance which require layout or other physical changes to businesses existing at the time this ordinance becomes effective shall not apply for ninety (90) days from the effective date of the ordinance to permit those businesses to bring their premises into compliance with this ordinance. Any licenses issued to such businesses shall be contingent upon compliance with the ordinance within the foregoing period.

(Ord. 2000-01, Add, 02/01/2000) (Amended. 2007-28, 05/01/2007)