§ 21.2-31. Revocation or suspension.

(a)

The tax and license manager may suspend any adult business license for a specified period not to exceed thirty (30) days, or revoke such license, for any of the following reasons:

(1)

The licensee has violated or is not in compliance with sections 21.2-33, 21.2-34, 21.2-35, 21.2-40, 21.2-41, 21.2-42, 21.2-43, 21.2-44, 21.2-45, 21.2-46, 21.2-51, 21.2-52, 21.2-60, 21.2-61, 21.2-71, 21.2-72, 21.2-73, 21.2-74, 21.2-83, 21.2-84, 21.2-85, 21.2-100, 21.2-101, 21.2-102, 21.2-110, 21.2-111, 21.2-112, 21.2-113, 21.2-120, 21.2-131, 21.2-132 or 21.2-133, 21.2-134, or any applicable provisions of the zoning ordinance.

(2)

The licensee recklessly or knowingly gives any false or misleading material statement in the course of applying for or renewing a license.

(3)

The licensee, or any employee of a licensee, has recklessly or knowingly allowed prostitution on the adult business premises.

(4)

The licensee has been convicted of an offense listed in section 21.2-23 for which the applicable time periods for disqualification have not expired.

(5)

For an operator or manager, if on two or more occasions within any twelve (12)-month period, any employee of an adult business has committed any of the crimes specified in section 21.2-23 on the adult business premises, and convictions for such offenses have been obtained.

(6)

The licensee, or any employee of a licensee, has recklessly or knowingly allowed any act of "sexual intercourse," "oral sexual contact" or "sexual contact," including masturbation, to occur on the adult business premises, as such terms are defined in Arizona Revised Statutes, section 13-1401, as amended. This subsection (a)(6) shall not apply to adult motels unless a licensee, or any employee of a licensee, recklessly or knowingly allows any act of sexual intercourse, oral sexual contact or sexual contact to occur in a public place or in public view, or unless such licensee or employee recklessly or knowingly allows any act of sexual intercourse, oral sexual contact or sexual contact to occur at the motel, in exchange for any consideration paid or received by any person other than normal fees charged by the motel for room rentals.

(7)

The licensee is delinquent for a period of more than thirty (30) days in payment to the city of any taxes or fees related to the adult business.

(b)

The fact that a conviction is being appealed shall have no effect on the revocation or suspension of a license.

(Ord. No. 2076, § 1, 5-11-99; Ord. No. 2945, § 1, 6-23-15; Res. No. 4998, § 1(Exh. A), 6-23-15)