LICENSES

Glendale City Code ch. 21.2, art. II

in effect

Glendale City Code § 21.2-20 Classification of businesses and employees.

Sec. 21.2-20. - Classification of businesses and employees. (a) Adult businesses shall be classified as follows: (1) Adult arcades; (2) Adult bookstores or novelty stores; (3) Adult cabarets; (4) Adult motels; (5) Adult theaters; (6) Escort bureaus; (7) Nude model studios; (8) Semi-nude businesses; or (9) Topless bars. (b) Owners, operators and employees of adult businesses shall be classified as follows: (1) Operators; (2) Managers; (3) Adult cabaret performers; (4) Escorts; (5) Nude models; (6) Semi-nude business performers; (7) Topless bar performers; or (8) Other employees or persons associated with adult businesses who are not defined as operators and who perform no activities as managers, adult cabaret performers, escorts, nude models, semi-nude business performers or topless bar performers. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-21 Licenses required.

Sec. 21.2-21. - Licenses required. (a) Subject to subsections (b) and (c) of this section, it shall be unlawful for any person to: (1) Operate an adult business without first having obtained an operator's license issued under this chapter; (2) Operate an adult business at any time without the presence on the adult business premises of a manager who possesses a manager's license and identification card issued under this chapter; (3) Employ a manager, adult cabaret performer, escort, nude model, semi-nude business performer or topless bar performer who does not possess a manager's, adult cabaret performer's, escort's, nude model's, semi-nude performer's or topless bar performer's license and identification card issued under this chapter; or (4) Work in an adult business as a manager, adult cabaret performer, escort, nude model, semi-nude business performer or topless bar performer without having first obtained a manager's, adult cabaret performer's, escort's, nude model's, semi-nude performer's or topless bar performer's license and identification card under this chapter. (b) The provisions of this section shall not apply to organizations providing escort services which are exempt from licensing under section 21.2-81(a). (c) The provisions of this section shall not apply, for a period of one hundred twenty (120) days after the effective date of the ordinance codified in this chapter, to any person who was operating an adult business within the city, or who was employed as a manager, adult cabaret performer, escort, nude model, semi-nude business performer or topless bar performer within the city, prior to the effective date of the ordinance codified in this chapter; provided that any such operator, manager or employee shall be deemed to be unlawfully operating or working without a license if he or she fails to apply for and obtain all required adult business licenses and identification cards within one hundred twenty (120) days after the effective date of the ordinance codified in this chapter. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-22 Separate licenses and fees for separate activities required; exceptions.

Sec. 21.2-22. - Separate licenses and fees for separate activities required; exceptions. (a) If adult businesses of more than one classification are operated at one location, each operator of such businesses shall be required to obtain a separate operator's license, and pay the application and license fees therefor, for each such classification of businesses. (b) Each operator of an adult business with multiple operators shall obtain a separate operator's license for such business. Only the prime operator of an adult business with multiple operators shall be required to pay the annual license fees for such business. For billing purposes, the tax and license manager may at any time designate and re-designate one operator of an adult business as the prime operator of such business, and all other operators shall be designated as sub-operators of such business. The obligations of a prime operator and a sub-operator under this chapter are the same, except for the payment of any required fees. (c) An operator of an adult business who also acts as a manager of such business shall be required to obtain separate operator's and manager's licenses for such business; provided that such operator/manager shall be required to pay only the application and license fees applicable to an operator's license for such business. (d) Only one license is required for each manager of adult businesses, regardless of how many adult businesses or classifications of such businesses he or she is employed by. An adult business manager shall give written notification to the tax and license manager of any change of employment as an adult business manager, no later than ten (10) days after such change. (e) Only one license, which may be designated as a "performer's/model's license," is required for each adult cabaret performer, nude model, semi-nude business performer or topless bar performer, regardless of how many adult cabarets, nude model studios, semi-nude businesses or topless bars he or she is employed by. Each such employee shall give written notification to the tax and license manager of any change of employment as a performer/model, no later than ten (10) days after such change. (f) Only one license is required for each escort, regardless of how many escort bureaus he or she is employed by. Each escort shall give written notification to the tax and license manager of any change of employment as an escort, no later than ten (10) days after such change. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-23 Issuance standards.

Sec. 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)

Glendale City Code § 21.2-24 Licenses for businesses owned by non-natural persons.

Sec. 21.2-24. - Licenses for businesses owned by non-natural persons. If an adult business is not owned and operated as a sole proprietorship, the entity which owns such business shall not be required to obtain its own operator's license but each of the following representatives of such entity shall be licensed as an operator of such business: (a) The president of an owner which is a corporation; (b) Each general partner of an owner which is a general partnership, limited partnership or limited liability partnership; (c) Each managing member of an owner which is a limited liability company, or if there are no designated managing members, all members; (d) Each trustee of an owner which is a trust; (e) For a corporate owner, any person who is the beneficial owner of at least fifty percent (50%) of the shares of the corporation; or (f) For a non-corporate owner, any person who shares, directly or indirectly, at least fifty percent (50%) of any financial gain attributable to the owner's business as an owner, proprietor, beneficiary or otherwise. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-25 Background checks.

Sec. 21.2-25. - Background checks. The chief of police or such other employee of the city as he or she may designate shall conduct a criminal history background check for each applicant for an adult business license. Each applicant shall be fingerprinted and photographed as a part of such investigation; provided that any natural person who has been fingerprinted by the city for any licensing purposes within one (1) year from the date of application for another license requiring a background check shall not be required to be fingerprinted a second time. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-26 Application for license.

Sec. 21.2-26. - Application for license. An application for an adult business license shall be made on forms furnished by the city and shall include the following information, to the extent such information is applicable, about the applicant: (a) The name, address and telephone number of such person; (b) All aliases, fictitious names and trade names used by such person. If the business is to be conducted under a name other than the legal name of the applicant, the applicant shall furnish copies of the fictitious name certificate recorded with the county recorder and any trade name registered with the Secretary of State; (c) Each residence address for such person for the five (5)-year period immediately preceding the date of filing the application and the inclusive dates of each such address; (d) Proof of such person's age by any of the following instruments showing a date of birth: (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. (e) Height, weight, color of eyes and hair, and date of birth; (f) The business, occupation or employment history for the five (5)-year period immediately preceding the filing of the application; (g) Whether such person has ever been denied any similar license or permit or has had any similar license or permit revoked or suspended and, if so, the name of the jurisdiction denying,revoking or suspending such license or permit and the date of and reasons for such denial, revocation or suspension; (h) The issuing jurisdiction and effective date of any license or permit issued to such person relating to an adult business; (i) All prior felony or misdemeanor charges, indictments or convictions for offenses specified in section 21.2-23; (j) A description of all adult business services to be provided; (k) If the applicant is a representative of a corporation as defined in section 21.2-24, a copy of the articles of incorporation as filed with the corporation commission; (l) If the applicant is a representative of a limited liability company as defined in section 21.2-24, a copy of the articles of organization filed with the corporation commission; (m) If the applicant is a representative of a general partnership as defined in section 21.2-24, a copy of any written partnership agreement; (n) If the applicant is a representative of a limited partnership as defined in section 21.2-24, a copy of the certificate of limited partnership filed with the secretary of state; (o) If the applicant is a representative of a limited liability partnership as defined in section 21.2-24, a copy of the statement of qualifications filed with the secretary of state; (p) If the applicant is a representative of a trust as defined in section 21.2-24, a copy of any document by which such trust was created; and (q) The federal employer's identification number and state tax identification number. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-27 Operator's diagram of premises.

Sec. 21.2-27. - Operator's diagram of premises. (a) This section shall apply to all adult businesses except for adult motels. (b) In addition to the requirements of section 21.2-26, each application for an operator's license shall include a sketch or diagram showing the configuration of all areas of the proposed adult business premises, unless such sketch or diagram has already been provided to the city by another operator at such premises. The sketch or diagram need not be professionally prepared but shall: (1) Be oriented to the north or to some designated street or object; (2) To the extent applicable, show the location of all manager's stations, viewing rooms, video cameras and monitors installed for monitoring purposes, restrooms, general patron areas, clearly designated areas in which patrons may be present, areas in which patrons are not permitted, stage areas, and any other distinct rooms or areas on the premises; and (3) Be drawn to a designated scale or with clearly marked dimensions sufficient to show the dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-28 Initial inspection of premises; operator's duties.

Sec. 21.2-28. - Initial inspection of premises; operator's duties. An applicant for an operator's license shall make the adult business premises available for inspections by proper city officials during normal work hours prior to issuance of any temporary or annual license pursuant to section 21.2-30. Such inspections may be conducted at any time agreed upon by the city after the filing of an application, regardless of whether such application is complete. If the applicant and the city cannot agree on inspection dates prior to the filing of a complete application, the applicant shall, at such time as the tax and license manager gives the applicant notice that the application is deemed to be complete, immediately give the tax and license manager written notification of at least three different dates and times during normal business hours within the next ten (10) days when the applicant will be available at the business premises for inspection purposes. Failure of an applicant to be at the premises at the times stated in such notice to the tax and license manager shall be grounds for denying an operator's license pursuant to section 21.2-30 until such time as the city is able to perform any required inspections at agreed-upon times. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-29 Fees.

Sec. 21.2-29. - Fees. (a) The application and license fees for adult business licenses shall be set by resolution. The city may set different application and license fees for an applicant who has not previously been issued an adult business license for the calendar year in which he or she submits an application and an applicant who has been issued an adult business license for the calendar year in which he or she submits an application and who is required to obtain a new license due to a change in the location of his or her business. (b) Each applicant for an adult business license shall submit a full set of fingerprints to the City of Glendale for the purpose of obtaining a state and federal criminal records check pursuant to A. R. S. § 41-1750 and Public Law (PL) 92-544. The department of safety is authorized to exchange this fingerprint data with the Federal Bureau of Investigation. In addition to any other fees imposed under this article, an applicant for an adult business license issued under this article shall pay an amount necessary to cover the costs of federal fingerprint processing or federal criminal history record information checks. The specific amount of such additional fee shall be set by administrative order based upon information received by the department of public safety, as to the costs of fingerprint processing and record information checks. The additional fees collected pursuant to this subsection shall be transmitted to the department of public safety as required by Arizona Revised Statutes section 41-1750, as amended. (c) No application or fingerprinting fees paid pursuant to this chapter shall be returned to an applicant if his or her application is withdrawn or denied. No license fee paid pursuant to this chapter shall be returned to a licensee if his or her temporary or annual license is suspended or revoked. (d) No application for an adult business license shall be deemed complete for purposes of processing the application and issuing a license under section 21.2-30 until all application, fingerprinting and license fees required by this section have been paid. (Ord. No. 2273 § 6, 7-23-02; Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-30 Issuance of temporary and annual licenses; expiration; renewal.

Sec. 21.2-30. - Issuance of temporary and annual licenses; expiration; renewal. (a) While an application for a manager's, escort's or performer's/model's license is pending, including any appeal of a denial of such license, the applicant shall not file a second application for a license of the same classification. While an application for an operator's license is pending, including any appeal of a denial of such license, the applicant shall not file a second application for an operator's license of the same business classification for the same location. (b) No adult business license shall be issued until the applicant has filed a complete application for such license and, if applicable, has complied with section 21.2-28. The tax and license manager shall notify the applicant, orally or in writing, within five (5) days after the filing of an application, whether the city deems the application to be complete or, if not, the additional information the city needs in order for the application to be complete. If an applicant submits additional information to the tax and license manager after receiving notification that his or her application is incomplete, the tax and license manager shall notify the applicant, orally or in writing, within five (5) days after the applicant has submitted all information required by this article, that the application is now deemed to be complete. (c) The tax and license manager shall approve or deny an application for an adult business license within sixty (60) days after the receipt of a complete application. If the tax and license manager fails to approve or deny the application within such sixty (60)-day period, the application shall be deemed to be approved. The tax and license manager shall approve the application and issue an annual license unless any of the following requirements are not met: (1) The applicant is disqualified from obtaining a license under section 21.2-23; (2) The applicant fails to comply with section 21.2-28; (3) The applicant is delinquent in the payment of any taxes, fees, fines or penalties imposed upon the applicant relating to any adult business activity of the applicant in the city, and such delinquency is not cured within the sixty (60)-day processing period; or (4) The applicant's proposed business location is not permitted under the city's zoning ordinance or under any other applicable law. (d) The tax and license manager shall, no later than fifteen (15) days after the filing of a complete application for an adult business license, issue a temporary license that is valid for a period of sixty (60) days from the date of such application, unless the tax and license manager denies the application within such fifteen (15)-day period pursuant to subsection (c)(1) of this section or denies the issuance of a temporary license pursuant to subsections (c)(2) through (c)(4) of this section. If a temporary license is denied pursuant to subsections (c)(2) through (c)(4) of this section but the applicant cures any such defects in his or her application within the sixty (60)-day processing period, the tax and license manager shall issue a temporary license for the remainder of such sixty (60)-day period at such time as the defects in the application have been cured. The temporary license shall authorize the applicant to perform the services specified in the application while the application is pending, shall expire at the end of the sixty (60)-day processing period without any further action on the city's part, and shall not be extended for any reason beyond such sixty (60)-day period. (e) Whenever an adult business license is denied, the tax and license manager shall serve a notice of such denial, including the reasons therefor, on the applicant. Such notice shall be personally served on the applicant or mailed to the applicant's last known address by certified mail. The denial shall be deemed effective for appeal purposes upon service or mailing of such notice and may be appealed pursuant to section 21.2-32. If a license is denied, except for a denial of a temporary license pursuant to subsections (c)(2) through (c)(4) and (d) of this section, the applicant may reapply for an adult business license only in accordance with section 21.2-23 (a)(3). (f) Any annual adult business license shall be valid only for the calendar year in which it is issued. Each such license expires on December 31 of each year and must be renewed on or before January 31 of the following year by filing an application for renewal, paying the applicable renewal fee and submitting and additional documentation required by this chapter. The application, payment for renewal and additional required documentation must be received by the tax and license manager by January 31 to be deemed timely filed. (g) Persons whose initial applications for adult business licenses are received by the city after March 31 of any year shall be subject to an initial license fee on a prorated basis as follows: Business Start Date | Proration of License Fee April 1—June 30 | 75% July 1—September 30 | 50% October 1—December 31 | 25% The applicable proration percentage shall be applied to the annual license fee set by resolution to determine the initial license fee. (h) Any person who fails to renew an adult business license by January 31 of any year and who conducts any activity covered by such license after such date shall be deemed to be operating without a license, shall be subject to all penalties imposed under this chapter against persons unlawfully operating without a license, and shall be subject to a penalty of fifty percent (50%) of the annual license fee which would have been imposed on the date on which the adult business license expired in addition to payment of the applicable license fee. All license fees and penalties owed by a person pursuant to this subsection must be paid before a new adult business license is issued to such person. (i) Any person who is required to obtain an adult business license and fails to do so prior to conducting any activity covered by such license shall be subject to a penalty of fifty percent (50%) of the annual license fee which would have been imposed on the date on which such activities commenced in addition to payment of the applicable license fee. All license fees and penalties owed by a person pursuant to this subsection must be paid before an adult business license is issued to such person. (j) No adult business license shall be renewed unless the licensee is in compliance with all provisions of this chapter at the time of renewal. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-31 Revocation or suspension.

Sec. 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)

Glendale City Code § 21.2-32 Appeal from denial, revocation or suspension of license.

Sec. 21.2-32. - Appeal from denial, revocation or suspension of license. (a) If the tax and license manager determines that grounds exist for revocation or suspension of an adult business license, he or she shall give written notice of the city's intent to revoke or suspend such license to the licensee, which notice shall contain the reasons for the revocation or suspension and, if applicable, the period of the suspension. Such notice shall either be personally served on the licensee or mailed to the licensee's last known address by certified mail. The notice shall be deemed effective upon personal service of such notice on the licensee or upon mailing of such notice. (b) No later than twenty (20) days after the service of a notice of denial or a notice of intent to revoke or suspend an adult business license, the applicant or licensee may provide to the tax and license manager a written response to such notice, which shall include a statement of reasons why the license should not be denied, revoked or suspended and which may include a request for an administrative hearing on the denial, revocation or suspension. If an applicant does not file a written response to a notice of denial within such twenty (20)-day period, the applicant shall be deemed to have waived any appeal rights he or she would otherwise have under subsections (c) through (i) of this section. If a licensee does not file a written response to a notice of intent to revoke or suspend within such twenty (20)-day period, the tax and license manager shall revoke or suspend the license in accordance with such notice and shall serve a final notice of revocation or suspension on the licensee. Such final notice shall be personally served on the licensee or mailed to the licensee's last known address by certified mail. A revocation or suspension shall be deemed to be effective upon personal service of the final notice on the licensee or upon mailing of such notice. (c) If the applicant or licensee files a timely written response to a notice of denial or a notice of intent to revoke or suspend an adult business license, the tax and license manager shall, within fifteen (15) days after receiving the response: (1) Withdraw the notice of denial or notice of intent to revoke or suspend by sending the applicant or licensee written notice of such withdrawal, if the tax and license manager determines from the response that a notice of withdrawal is appropriate; or (2) Schedule an administrative hearing before a hearing officer on the notice of denial or notice of intent to revoke or suspend, if the applicant or licensee has requested such hearing; or (3) Schedule an administrative hearing before a hearing officer on the notice of denial or notice of intent to revoke or suspend, if the tax and license manager desires such hearing based on a written response which does not include a request for hearing; or (4) Forward a copy of the notice of denial or notice of intent to revoke or suspend, and the applicant's or licensee's written response thereto, to a hearing officer for a ruling on the written record, if neither the applicant or licensee nor the city requests an administrative hearing. (d) If a licensee files a timely written response to a notice of intent to revoke or suspend, the revocation or suspension shall not take effect until after the hearing officer issues a written ruling on such response and, if the hearing officer upholds the revocation or suspension, the city serves a final notice of revocation or suspension on the licensee. Such final notice shall be personally served on the licensee or mailed to the licensee's last known address by certified mail. The revocation or suspension shall be deemed to be effective upon personal service of the final notice on the licensee or upon the mailing of such notice. (e) If the tax and license manager fails to act in a timely manner in accordance with subsection (c) of this section, the notice of denial or notice of intent to revoke or suspend shall be deemed to be withdrawn without prejudice by the city. (f) Any hearing held pursuant to subsections (c)(2) or (c)(3) of this section shall be scheduled no later than thirty (30) days after the filing of the applicant's or licensee's written response. The city manager shall appoint a hearing officer to conduct a hearing in accordance with this section. The hearing officer shall not be a member of the city's tax and license division or police department. (g) Any hearing held pursuant to this section shall be conducted in an informal manner. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of all issues relating to the applicant's or licensee's qualifications for obtaining and holding an adult business license. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing. All parties to the administrative proceeding shall have the right to be represented by counsel, to present witnesses and to cross-examine witnesses. The burden of proof at the hearing shall be: (1) On the applicant to establish, by a preponderance of the evidence, that he or she meets all of the requirements to obtain a new adult business license; and (2) On the city to establish, by a preponderance of the evidence, that grounds exist for revoking or suspending an adult business license. (h) The hearing officer shall render a written ruling no later than thirty (30) days after the completion of the hearing is concluded based on the evidence presented by the city and by the applicant or licensee. If neither the applicant or licensee nor the city has requested a hearing on the applicant's or licensee's written response to a notice of denial or notice of intent to revoke or suspend, the hearing officer shall render a written ruling on such response no later than thirty (30) days after such notice and response are forwarded to the hearing officer. If the hearing officer fails to render a written ruling within the thirty (30)-day period specified in this subsection, a decision in favor of the applicant or licensee shall be deemed to have been rendered. (i) When the hearing officer's decision to deny, revoke or suspend an adult business license becomes final, the applicant or licensee shall have the right to seek judicial review of the decision by way of special action or other available procedure in the superior court. The city shall consent to an expedited hearing after the filing of the action and service of the appropriate documents on the city. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-33 Non-transferability of licenses.

Sec. 21.2-33. - Non-transferability of licenses. (a) No operator's license shall be transferred between persons or locations. No person shall operate an adult business at any place other than the licensed premises specified in the operator's license. (b) No adult business license for a manager, adult cabaret performer, escort, nude model, semi-nude business performer or topless bar performer shall be transferred between persons. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-34 Display of license.

Sec. 21.2-34. - Display of license. (a) An adult business operator shall at all times display his or her adult business license in a conspicuous place at the licensed business premises. (b) A manager, adult cabaret performer, escort, nude model, semi-nude business performer or topless bar performer shall have his or her adult business license readily available for inspection, on his or her person or at the adult business premises, at all times during which he or she is engaging in such licensed business activities within the city and shall display such license upon request to any law enforcement officer or any city official whose duties are related to licensing. (Ord. No. 2076, § 1, 5-11-99)

Glendale City Code § 21.2-35 Identification cards for adult business employees.

Sec. 21.2-35. - Identification cards for adult business employees. (a) The tax and license manager shall issue to each manager, adult cabaret performer, escort, nude model, semi-nude business performer and topless bar performer an identification card containing a current photograph of such licensee. Each identification card shall expire on December 31 of the year in which it is issued, except for temporary identification cards which specify a different expiration date. The licensee shall obtain a new identification card on or before January 31 of the following year by presenting himself or herself to the tax and license division for photographing. (b) At all times that a licensee is acting as a manager, adult cabaret performer, nude model, semi-nude business performer or topless bar performer, such licensee shall have his or her identification card readily available for inspection at the adult business premises. A manager, adult cabaret performer, nude model, semi-nude business performer or topless bar performer shall display his or her identification card upon request to any law enforcement officer or any city official whose duties are related to licensing. (c) At all times that a licensee is acting as an escort, such licensee shall carry his or her identification card on his or her person. An escort shall display his or her identification card upon request to any person considering doing business with such licensee or to any law enforcement officer or any city official whose duties are related to licensing. (Ord. No. 2076, § 1, 5-11-99)

Source: City of Glendale, Arizona, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/glendale/codes/code_of_ordinances?nodeId=PTIICOOR_CH21.2SEORBU_ARTIILIFetched: 11/1/2026