SEXUALLY ORIENTED BUSINESSES

Chandler City Code pt. III, ch. 18

in effect

Chandler City Code § 18-1 Purpose and intent.

18-1. - Purpose and intent. It is the purpose of this chapter to regulate sexually oriented businesses to promote the public health, safety, and general welfare of the citizens of the City of Chandler, and to avoid and mitigate the detrimental secondary effects of sexually oriented businesses through content neutral regulations. It is not the purpose of this chapter to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials, or to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. This chapter is not intended to interfere with or suppress legitimate expression or any speech activities protected by the First Amendment to the United States Constitution nor is it intended to permit any use or activity which is otherwise prohibited or made punishable by law. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-2 Definitions.

18-2. - Definitions. In this chapter, unless the context otherwise requires: Adult bookstore means a commercial establishment: Which, as one (1) of its principal business purposes, offers for sale or rental, for any form of consideration, books, magazines, periodicals, or other printed matter that depict or describe "specified sexual activities" or "specified anatomical areas"; or Which offers for sale or rental instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products; or Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein. Adult service means a dance, performance or other activity, including, but not limited to, service of food or beverages, modeling, posing, wrestling, singing, reading, talking, or listening conducted for any consideration in an adult service business by a person who is nude during all or part of the time that the person is providing the service. Adult service business means a commercial establishment where any adult service is provided to patrons in the regular course of business and as one (1) of the principal purposes of the establishment. Adult service provider or provider means any person who provides an adult service. Adult video facility means a commercial establishment where, for any consideration, films, motion pictures, video cassette projections, slides, photographs or other visual media characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown in the regular course of business and as a principal business purpose of the establishment. "Adult video facility" does not include a theater where all viewing occurs in a common area with seating for fifty (50) or more persons. Cabaret means a sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in A.R.S. Title 4. Customer Services Manager, means the Customer Services Manager of the City or the designee of that person. Director means the Management Services Director of the City or Director's designee. Manager's station means an area within an adult service business or an adult video facility where a sexually oriented business manager is located in the normal course of operations. Nude means without opaque nonflesh-colored fabric fully covering the cleft of the buttocks, anus, pubic regions, male genitals, female genitals, and female breasts below the tops of the areola. Operate or causes to be operated means to cause to function or to put or keep in operation. Operator means any person who causes to function or who puts or keeps in operation a sexually oriented business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or permittee of the business. Patron means a person invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for a consideration. Permit means the permit required by this chapter to engage in the activities of an adult service provider or sexually oriented business manager. Permittee means a person in whose name a permit has been issued to engage in the activities of an adult service provider or sexually oriented business manager. A "designated permit holder" is the person identified as the prospective permit holder in the permit application. Person means an individual, partnership, corporation, association, joint venture, business trust, limited liability company or other legal entity. Police Chief means the Chief of Police of the City or the designated agent of the Chief of Police. Sexually oriented business means an adult bookstore, an adult service business, an adult video facility, or any combination of the foregoing. Sexually oriented business manager or manager means a person on the premises of sexually oriented business who has overall supervisory authority over the operation of the business. Specified anatomical areas means the cleft of the buttocks, anus, pubic region, male genitals, female genitals, or female breast below the top of the areola that are less than completely and opaquely covered by nonflesh-colored fabric; or human genitals in a state of sexual arousal, even if completely and opaquely covered. Specified sexual activities means actual or simulated sexual intercourse, masturbation, oral copulation, sodomy, flagellation, bestiality, fondling or other erotic touching of human genitals, pubic region, buttocks, anus or the female breast, or any combination of the foregoing. Zoning Administrator means the person appointed and responsible for the enforcement of the Zoning Ordinance of the City of Chandler. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-3 Classification.

18-3. - Classification. A sexually oriented business shall be classified as follows: A. Adult bookstore; B. Adult service business; C. Adult video facility; or D. Any combination of classifications set forth in A. through C. above. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-4 Administration.

18-4. - Administration. 18-4.1. The administration of this chapter, including the duty of prescribing forms, is vested in the Director, except as otherwise specifically provided. The Police Chief and the Zoning Administrator shall render assistance in the administration and enforcement of this chapter as follows: A. The Police Chief shall make Police Department facilities and personnel available to fingerprint an applicant for a permit. The cost of fingerprinting shall be paid by the applicant at the time the service is provided. Records of fingerprints so obtained shall be maintained at the Police Department in the normal course of business. B. The Police Chief shall have a criminal history inquiry conducted on all persons listed as applicants in a permit application. The inquiry shall be limited to determining whether an applicant for a permit has a criminal conviction of the type described and for the period indicated in subsection 18-6.3.H. of this chapter. The Police Chief shall notify the Customer Services Manager in the event such criminal conviction is found to exist. C. The Zoning Administrator shall notify the Customer Services Manager whether an applicant or designated permit holder in a permit application has failed to comply with or is in violation of applicable provisions of the Zoning Code, or the building codes, development standards or other land use ordinances and regulations of the City relating to the business to be operated under the permit. Nothing herein is intended to prohibit or restrict the Police Chief or the Zoning Administrator from providing additional assistance as may derive from their normal duties and responsibilities or as may be requested by the Director or the Customer Services Manager. In no event shall any assistance as described herein, or the absence of such assistance, delay or extend the time period specified in section 18-9 for the Customer Services Manager to act on a permit application. 18-4.2. An application for a permit or for the renewal of a permit, made pursuant to this chapter shall be submitted to the Customer Services Manager, who shall grant or deny the application in accordance with the provisions of this chapter. The Customer Services Manager shall also suspend or revoke a permit in accordance with the provisions of this chapter. 18-4.3. A permit issued pursuant to this chapter shall expire on December 31 of the year in and for which it is issued and may be renewed annually. 18-4.4. A permit, if granted, shall state on its face: A. The name and address of the permittee; B. The date of issuance of the permit; C. The particular classification or classifications of sexually oriented business for which the permit is granted or type of permit granted; and D. The permit number. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-5 Sexually oriented business permit required.

18-5. - Sexually oriented business permit required. 18-5.1. It shall be unlawful for a person to operate a sexually-oriented business without a valid permit issued pursuant to this chapter for the particular classification of sexually oriented business sought to be operated. 18-5.2. It shall be unlawful for a person to operate a sexually oriented business under any name or designation, or under any premises name or designation, or at any premises address not specified in a valid permit issued pursuant to this chapter. Each additional premises sought to be operated as a sexually oriented business shall require a separate permit. 18-5.3. It shall be unlawful for any operator of a sexually oriented business to hire or engage any provider or manager who does not hold a valid permit. This subsection does not apply with regard to the manager of an adult bookstore who is not required to hold a permit pursuant to section 18-7. 18-5.4. A valid permit for the sexually oriented business being conducted shall be displayed on the premises where the business is being conducted in such manner as to be readily visible to patrons. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-6 Application for sexually oriented business permit.

18-6. - Application for sexually oriented business permit. 18-6.1. Each person carrying on a business regulated by this chapter shall, before engaging in such business, shall make application for same to the Management Services Director or his/her designee. The application shall be on a form prescribed by the Director and obtainable from the Customer Services Manager. The application shall be signed under oath by each individual listed as an applicant and notarized, and shall be accompanied by the fees established by Council resolution. The application shall include a current photograph and the fingerprints of each applicant. Fingerprints shall be taken at the Police Department, or by any other law enforcement agency if accompanied by a notarized verification by that agency. An application shall be deemed filed with the City when the Customer Services Manager has received the required fees in full, a completed application with all information required in subsection 18-6.3, and the photograph and fingerprints of each applicant. The application shall be in triplicate, including all addendum or attachments thereto, with one (1) copy being kept on file with the Customer Services Manager, one (1) copy being transmitted to the Police Chief, and one (1) copy being transmitted to the Zoning Administrator. The application shall be accompanied by a nonrefundable application fee and an annual permit fee to be set forth by city council resolution. The annual permit fee will be refunded if the permit is denied. The initial annual permit fee shall be prorated as follows: January 1—March 31 | 100% of annual permit fee April 1—June 30 | 75% of annual permit fee July 1—September 30 | 50% of annual permit fee October 1—December 31 | 25% of annual permit fee 18-6.2. If a person who wishes to operate a sexually oriented business is an individual, that individual must be listed in the application for the permit as the applicant and also as the designated permit holder. If a person who wishes to operate a sexually oriented business is a legal entity other than an individual, each officer, director, or general partner of the entity, and any other individual who will participate directly in decisions relating to management of the sexually oriented business, must be listed in the application as an applicant, with the individual appearing in person to make application being further designated as the primary applicant with general authority to act on behalf of the entity in connection with the application, and the entity listed as the designated permit holder. Each applicant shall provide a photograph and fingerprints as provided in subsection 18-6.1 above and shall provide under oath the information called for in subparagraphs D. through H. of subsection 18-6.3 below as it applies to each such applicant. 18-6.3. In addition to such other information as may be requested on the face of the application form, the application shall include the following information: A. The name, premises address, business mailing address if different for the premises address, and phone number of the proposed sexually oriented business. B. The name, address and phone number of the designated permit holder. C. Where the person seeking to operate the sexually oriented business is other than an individual, the person's State and date of formation. D. Each applicant's full true name and any other names, aliases or stage names used in the preceding five (5) years. E. Each applicant's current residential mailing address and telephone number. This information shall be supplemented in writing to the Customer Services Manager by letter postmarked not later than ten (10) days after any change in this information. F. Written proof of each applicant's age, in the form of either a current driver's permit with picture or other picture identification issued by a governmental agency. G. The issuing jurisdiction and the effective date of any license or permit relating to the operation of a sexually oriented business or relating to the provision of any adult services which is held or has been held at any time by any applicant or by the designated permit holder, whether any such license or permit has been revoked or suspended, and the reason or reasons therefor. H. Any criminal conviction of any applicant or of the designated permit holder in the preceding three (3) years for a sexual offense described in A.R.S. Title 13, Chapter 14, a racketeering offense as defined in A.R.S. Title 13, Chapter 23, a prostitution offense described in A.R.S. Title 13, Chapter 32, a drug offense described in A.R.S. Title 13, Chapter 34, or a sexual exploitation of children offense described in A.R.S. Title 13, Chapter 35.1, or any conviction in another jurisdiction for conduct which if carried out in Arizona would constitute an offense stated in this paragraph. I. The name and address of the statutory agent or other agent authorized to receive service of process. J. The name(s) of the sexually oriented business manager(s) who will have actual supervisory authority over the operation of the business. This information shall be supplemented in writing to the Customer Services Manager by letter postmarked not later than ten (10) days after any change in this information. K. An accurate, to-scale, but not necessarily professionally drawn, floor plan or diagram of the business premises clearly showing the configuration of the premises, including a statement of total floor space occupied by the business, the place at which the permit will be conspicuously posted, if granted, the location of all manager's stations and overhead lighting fixtures, and clearly designating all portions of the premises in which patrons will not be permitted. Each diagram should be oriented to the north or to some designated street or object and shall 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 Customer Services Manager 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. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-7 Sexually oriented business manager permit.

18-7. - Sexually oriented business manager permit. 18-7.1. A person may not serve as a sexually oriented business manager unless the person has first secured a sexually oriented business manager permit under this chapter, except that the manager of an adult bookstore is not required to hold a permit unless such adult bookstore is operated in combination with one (1) or more businesses classified in subparagraphs B. and C. of section 18-3. 18-7.2. Application for a sexually oriented business manager permit shall be made in the same manner as an application for a sexually oriented business permit, except that the applicant need provide only the information called for in paragraphs D. through H. of section 18-6.3, along with current photograph, fingerprints and payment of application and annual permit fees established by Council resolution. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-8 Adult service provider permit.

18-8. - Adult service provider permit. 18-8.1. A person may not work as an adult service provider in the City unless the person has first obtained an adult service provider permit under this chapter. 18-8.2. Application for an adult service provider permit shall be made in the same manner as an application for a sexually oriented business permit, except that the applicant need provide only the information called for in paragraphs D. through H. of section 18-6.3 along with current photograph, fingerprints, and payment of the application and annual permit fees established by Council resolution. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-9 Grant or denial of permit.

18-9. - Grant or denial of permit. Within forty-five (45) days after the application for a sexually oriented business permit is filed with the City, the Customer Services Manager shall mail to the designated permit holder a permit or a written notice of intent to deny. 18-9.1. Upon the filing of an application for a sexually oriented business manager permit or an adult service provider permit, the Customer Services Manager shall issue to the applicant a temporary permit. Within forty-five (45) days after issuance of a temporary permit, the Customer Services Manager shall mail to the applicant a regular permit or a notice of intent to deny. 18-9.2. The issuance of any permit does not waive any right of revocation the City may have at the time of issuance. 18-9.3. The Customer Services Manager shall grant the permit if all requirements for the application have been completed, unless the Customer Services Manager finds any of the following conditions exist with respect to any applicant listed in the application: A. The applicant is under eighteen (18) years of age. B. The applicant has failed to provide information reasonably necessary for issuance of the permit, or has falsely answered a question or request for information on the application form. C. The applicant, the applicant's spouse, or the designated permit holder is delinquent in payment to the City, of taxes, fees, fines, or penalties assessed against or imposed upon the applicant, the applicant's spouse, or the designated permit holder in relation to a sexually oriented business or arising out of any other business activity owned or operated by the applicant, the applicant's spouse, or the designated permit holder and licensed or permitted by the City. D. The applicant or the designated permit holder has failed to comply with or is in violation of applicable provisions of the Zoning Ordinances, or the building codes, development standards or other land use ordinances and regulations of the City relating to the business or activity to be conducted under the permit. E. Within the past two (2) years, the applicant or the designated permit holder has had a permit under this chapter revoked, or a similar license or permit in another jurisdiction has been revoked on the basis of conduct which would be a ground for revocation of a permit issued under this chapter if committed in the City. The fact that the revocation is being appealed at the time of the decision on this application shall have no effect. F. The applicant or the designated permit holder in the past three (3) years has been convicted of a felony violation or two (2) misdemeanor violations of one (1) or more offenses in the categories stated in section 18-6.3.H. The fact that a conviction is being appealed shall have no effect. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-10 Adult service provider or manager work identification card.

18-10. - Adult service provider or manager work identification card. When a regular permit is granted, the Customer Services Manager shall provide to the adult service provider or sexually oriented business manager a work identification card. The card shall contain the name of the permittee, a photograph of the permittee, the number of the permit issued to that permittee and the year for which the permit has been issued. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-11 Adult service business; operating requirements.

18-11. - Adult service business; operating requirements. An adult service business shall be provided in accordance with the following regulations. Knowing failure of a permittee or manager to ensure compliance with the regulations on the premises is a violation of this chapter by the permittee or manager. 18-11.1. A person employed or acting as an adult service provider or manager shall have a valid permit issued pursuant to the provisions of this chapter. A permit or a certified copy thereof for each manager or provider shall be maintained on the premises in the custody of the manager at all times during which a person is serving as a provider or manager on the premises. Such permits shall be provided by the manager for inspection upon request by a Law Enforcement Officer or other authorized City Official. 18-11.2. An adult service business shall maintain a daily log of all persons providing adult services on the premises. The log shall cover the preceding twelve-month period and shall be available for inspection upon request by a Law Enforcement Officer or other authorized City Official. 18-11.3. A person under the age of eighteen (18) years may not observe or provide an adult service. 18-11.4. A person may not provide an adult service in an adult service business except upon a stage elevated at least eighteen (18) inches above floor level. All parts of the stage, or a clearly designated area thereof within which the adult service is provided, shall be a distance of at least three (3) feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a solid barrier or railing the top of which is at least three (3) feet in height. A provider or patron may not extend any part of his or her body over or beyond the barrier or railing. 18-11.5. An adult service provider, in the course of providing an adult service, may not perform or simulate any specified sexual activities. 18-11.6. Adult services may not be provided between the hours of 1:30 a.m. and 6:00 a.m. or between 1:30 a.m. and 10:00 a.m. on Sunday. 18-11.7. An adult service may not be provided in any location which is not visible by direct line of sight at all times from a manager's station located in a portion of the premises which is accessible to patrons of the adult service business. 18-11.8. An adult service shall not be provided in any location or area of a premises so as to be visible or viewable from a public right-of-way. 18-11.9. An adult service provider shall wear his or her adult service work identification card at all times while on the premises except while providing an adult service. The card shall be affixed to clothing on the front of the person and above waist level so that the picture and permit number are clearly visible to patrons. 18-11.10. A sexually oriented business manager shall be on the premises of an adult service business at all times during which any adult service is provided on the premises. The manager shall wear his or her work identification card, in the manner described in subsection 18-11.9 above. 18-11.11. An employee may not touch the breast, buttocks, or genitals of a patron, nor may a patron touch the breast, buttocks, or genitals of an employee. 18-11.12. A sign, in a form prescribed by the Customer Services Manager summarizing the provisions of paragraphs 18-11.3, 18-11.4 and 18-11.11 of this section shall be posted near the entrance of an adult service business in such a manner as to be clearly visible to patrons upon entry. 18-11.13. With respect to a cabaret, the requirements of this section shall apply to the extent that they are not in conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-12 Adult video facility; operating requirements.

18-12. - Adult video facility; operating requirements. An adult video facility shall be operated in accordance with the following regulations. Knowing failure of a permittee or a manager to ensure compliance with the regulations on the premises is a violation of this chapter by the permittee or manager. 18-12.1. 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 one (1) footcandle, as measured at the floor level. 18-12.2. The premises shall be configured in such a way that a patron, whether sitting or standing, is visible below the waist by direct line of sight from a manager's station at all times during which the patron is viewing video material or other visual media material characterized by depiction of specified anatomical areas or specified sexual activities. The manager's station shall be located in a portion of the premises accessible to patrons and shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this paragraph must be an unobstructed view from the manager's station. It is the duty of the permittee or manager to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is on the premises. 18-12.3. A sexually oriented business manager shall be on the premises of an adult video facility at all times that the facility is open for business. The manager shall wear his or her identification card in the manner described in section 18-11.10 above. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-13 Inspection of premises and records.

18-13. - Inspection of premises and records. The manager of a sexually oriented business shall maintain on the premises business records reflecting all receipts and expenditures with respect to the business for the preceding two (2) years. The manager shall permit law enforcement or other authorized officers or employees of the City to inspect the premises and business records upon request during regular business hours. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-14 Nontransferability of permit.

18-14. - Nontransferability of permit. Permits issued under this chapter are not transferable. A permittee shall not conduct a different classification of a sexually oriented business than that designated in the permit or conduct a sexually oriented business under the authority of a permit at any place other than the address designated in the application. No sexually oriented business shall be conducted under any name or under any designation or classification not specified in the permit for that business. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-15 Suspension of permit.

18-15. - Suspension of permit. The Customer Services Manager shall suspend a permit for a period of thirty (30) days if a permittee is convicted of violating a provision of this chapter. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-16 Revocation of permit.

18-16. - Revocation of permit. 18-16.1. The Customer Services Manager shall revoke a permit issued pursuant to this chapter if the permittee: A. Is convicted of three (3) or more violations of this chapter in any twelve-month period; B. Is convicted of any crime or crimes on the basis of which a permit may be denied under subsection 18-9.4.F; C. Gave false or misleading information in the application; D. Has knowingly operated or worked in the sexually oriented business during a period of time when the permit was suspended; or E. Is delinquent in payment to the City of taxes or fees related to the sexually oriented business or arising out of any other business activity owned or operated by the permittee and permitted or licensed by the City. 18-16.2. The fact that a conviction is being appealed shall have no effect on the revocation of the permit. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-17 Procedure for denial, revocation or suspension.

18-17. - Procedure for denial, revocation or suspension. 18-17.1. If the Customer Services Manager determines that grounds exist to deny, suspend, or revoke a permit, or to deny an application for renewal of a permit, the Customer Services Manager shall notify the designated permit holder, permit applicant, or permittee (respondent), as applicable, in writing of the intent to deny, suspend, or revoke, which notice shall include a summary of the grounds therefor. The notice shall be sent by registered or certified mail to the address of the designated permit holder, permit applicant, or permittee listed in the current year's permit application or renewal application, and the effective date of notice shall be the date the notice is actually received or five (5) days after the date the notice is mailed, whichever occurs first. 18-17.2. Within ten (10) days after the effective date of notice, the respondent may provide to the Customer Services Manager in writing a response which shall include a statement of reasons why the permit, or any renewal thereof, should not be denied, suspended, or revoked and which may include a request for a hearing. If a response is not received by the Customer Services Manager in the time stated, the denial, suspension or revocation shall be final; and notice thereof shall be sent to the applicable designated permit holder, permit applicant or permittee by registered or certified mail. 18-17.3. Within seven (7) days after receipt of a response, the Customer Services Manager shall either withdraw the intent to deny, suspend, or revoke, and so notify the respondent, or shall schedule a hearing before the Director and shall notify the respondent in writing by certified mail of the date, time and place of the hearing. The hearing shall be scheduled not less than fifteen (15) nor more than twenty (20) days after receipt by the Customer Services Manager of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The rules of evidence will not apply. The Director shall render a written decision within five (5) days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent listed in the current year's application. In the case of a decision to revoke, suspend or nonrenew a permit, or a decision to deny a regular permit, the permittee may continue to function under the permit pending receipt of the final decision of the Director. The decision shall be deemed final five (5) days after it is mailed and shall constitute final administrative action. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-18 Judicial appeal.

18-18. - Judicial appeal. A final administrative decision to deny, suspend, or revoke a permit, or to deny an application for renewal of a permit, may be appealed to the Superior Court by special action or other available procedure within thirty-five (35) days after service of written notice of the decision. Service shall be deemed to have occurred at the end of five (5) days after written notice of the decision is mailed pursuant to section 18-17. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-19 Permit renewal.

18-19. - Permit renewal. 18-19.1. A permit may be renewed by filing an application for renewal on a form provided by the Customer Services Manager. The application for renewal shall be received by the Customer Services Manager not less than forty-five (45) days before the expiration of the permit. When the application for renewal is received less than forty-five (45) days before the expiration date, the expiration of the permit shall not be delayed, postponed or otherwise affected. Any person who fails to renew a permit on or before the expiration date of that permit, and who conducts any activity for which such a permit is required by this chapter after such permit has expired and not been renewed, shall be in violation of this chapter and shall, in addition to any other penalties permitted by law, pay the late renewal fee established by council resolution, in addition to the annual fee required to be paid upon renewal. 18-19.2. The Customer Services Manager may deny an application for renewal for any reason for which an application may be denied or revoked under this chapter. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99; Ord. No. 3442, § 1, 5-22-03)

Chandler City Code § 18-20 Fees.

18-20. - Fees. Every application for issuance or renewal of a sexually oriented business permit shall be accompanied by a nonprorated and nonrefundable application fee in an amount established by Council resolution. An application for issuance or renewal of an adult service provider permit or sexually oriented business manager permit shall be accompanied by a nonprorated and nonrefundable application fee in an amount established by Council resolution. A duplicate or certified copy of a permit or identification card shall be issued by the Director upon payment of a fee in an amount established by Council resolution. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-21 Other regulations.

18-21. - Other regulations. A permit required by this chapter is in addition to any other licenses or permits required by the City, the County, or the State to engage in the business or occupation. Persons engaging in activities described in this chapter, including the operation of a sexually oriented business, shall comply with all other ordinances and laws, including all applicable Zoning Ordinances, as may be required, to engage in the business or profession. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-22 Penalty.

18-22. - Penalty. Violation of any requirement or prohibition stated in this chapter is a Class 1 misdemeanor, punishable upon conviction as set forth in Chapter 1 of this Code. With respect to a violation that is continuous in nature, each day that the violation continues shall constitute a separate offense. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-23 Injunction.

18-23. - Injunction. The operation of a sexually oriented business without a valid permit in violation of this chapter shall constitute a nuisance, and any person who operates or causes to be operated such business shall be subject to a suit for injunctive relief as well as prosecution for criminal violations. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Chandler City Code § 18-24 Applicability.

18-24. - Applicability. This chapter shall apply to all persons engaging in the activities described herein. (Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)

Source: City of Chandler, Arizona, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/chandler/codes/code_of_ordinances?nodeId=PTIIIPUSA_CH18SEORBUFetched: 11/1/2026