§ 21.2-23. Issuance standards.

(a)

No person shall be licensed under this chapter if such person:

(1)

Recklessly or knowingly makes any false or misleading material statement in the course of applying for or renewing an adult business license, for a period of one year after making the false or misleading statement;

(2)

Is under the age of eighteen (18) years, provided that any person who is issued a performer's/model's license shall not be permitted to use such license as a topless bar performer until such licensee is at least nineteen (19) years old.

(3)

Has been denied an adult business license or had such license revoked in any jurisdiction, for a period of one (1) year following the final denial or revocation decision; or

(4)

Subject to subsections (b) and (c) of this section, has been convicted of any of the following offenses under Arizona law or any offense committed under the laws of another state which would constitute one of the following offenses described in Arizona Revised Statutes, title 13, chapters 14, 32, 35 and 35.1, as amended:

a.

Indecent exposure.

b.

Public sexual indecency; public sexual indecency to a minor.

c.

Sexual abuse.

d.

Sexual conduct with a minor.

e.

Sexual assault.

f.

Sexual assault of a spouse.

g.

Molestation of child.

h.

Continuous sexual abuse of a child.

i.

Enticement of person for purpose of prostitution.

j.

Procurement by false pretenses of person for purposes of prostitution.

k.

Procuring or placing persons in house of prostitution.

l.

Receiving earnings of prostitute.

m.

Causing spouse to become prostitute.

n.

Taking child for purpose of prostitution.

o.

Detention of persons in house of prostitution for debt.

p.

Keeping or residing in house of prostitution.

q.

Pandering.

r.

Transporting persons for purpose of prostitution or other immoral purpose.

s.

Child prostitution.

t.

Production, publication, sale, possession and presentation of obscene items.

u.

Coercing acceptance of obscene articles or publications.

v.

Furnishing obscene or harmful items to minors.

w.

Public display of explicit sexual materials.

x.

Films, photographs or motion pictures of minors.

y.

Obscene or indecent telephone communications to minors for commercial purposes.

z.

Sale or distribution of materials harmful to minors through vending machines.

aa.

Commercial sexual exploitation of a minor.

bb.

Sexual exploitation of a minor.

cc.

Portraying adult as minor.

dd.

Admitting minors to public displays of sexual conduct.

ee.

Attempt, solicitation, conspiracy or facilitation to commit any of the foregoing offenses.

(b)

No person shall be licensed under this chapter for the following periods of time if such person has been convicted of any offenses specified in subsection (a) of this section:

(1)

If there is only one (1) misdemeanor conviction, a period of two (2) years after the later of the date of conviction or the date of release from confinement imposed for such conviction;

(2)

If there are two (2) or more misdemeanor convictions within a five (5)-year period, a period of five (5) years after the later of the date of the last conviction or the date of release from confinement imposed for any such conviction;

(3)

If there is a felony conviction, a period of five (5) years after the later of the date of conviction or the date of release of confinement imposed for the conviction.

(c)

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

(Ord. No. 2076, § 1, 5-11-99)