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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 26, 2017 Case #/Title: TA2016006 – Ordinance P-10 for Adult Oriented Businesses and Adult Service Providers Supervisor District: All Applicant/Owner: Commission-initiated Request: A Text Amendment to update the P-10 Adult Oriented Businesses and Adult Service Providers Ordinance to align with new departmental procedures. The Maricopa County Sheriff’s Office is now responsible for implementing this ordinance and not the Planning and Development Department. Additional Comments: Proposed verbatim language is attached to the Commission report. Commission Recommendation: On 3/30/17, the Commission voted 6-0 to recommend approval. Presented by: Jaclyn Sarnowski, Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachment: 3/30/17 P&Z Packet (11 pages) Note: 3/30/17 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. April 26, 2017 TA2016006 Page 1 of 1 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: TA2016006 – Ordinance P-10 for Adult Oriented Businesses and Adult Service Providers Meeting Date: March 30, 2017 Agenda Item: 18 Supervisor District: All Applicant: Commission-initiated Request: A Text Amendment to update the P-10 Adult Oriented Businesses and Adult Service Providers Ordinance to align with new departmental procedures. The Maricopa County Sheriff’s Office is now responsible for implementing this ordinance and not the Planning and Development Department. Support/Opposition: One email of support from the New River-Desert Hills Community Association, dated December 1, 2016 Recommendation: Approval Discussion: This text amendment will update various aspects of this ordinance to align with new departmental procedures. The Maricopa County Sheriff’s Office is now responsible for implementing this ordinance and not the Planning and Development Department. This text amendment removes the definition of Director from the definitions section (Section 2) and replaces Director with Sheriff throughout the text. Because this is updating language within the ordinance based on departmental procedures and will clarify this ordinance based on new procedures, the proposed text amendment will not increase regulatory burden. Proposed verbatim language is (added language is underscored, deleted language is struck- through): ORDINANCE P-10 FOR ADULT ORIENTED BUSINESSES AND ADULT SERVICE PROVIDERS SECTION 2. DEFINITIONS Director means the director of Maricopa County Planning and Development Department or the Director's designee. SECTION 4. ADMINISTRATION a) The administration of this ordinance, including the duty of prescribing forms, is vested in the Sheriff Director, except as otherwise specifically provided. The Agenda Item: 18 – TA2016006 Page 1 of 5 County Sheriff shall render such assistance in the administration and enforcement of this ordinance as may be requested by the Director. b) License or permit applications made pursuant to this ordinance shall be submitted to the Sheriff Director who shall grant, deny, suspend or revoke licenses or permits in accordance with the provisions of this ordinance. SECTION 6. APPLICATION FOR ADULT ORIENTED BUSINESS LICENSE a) An applicant for an adult oriented business license shall file at the office of the Sheriff Director an application, signed under oath by the applicant and notarized, accompanied by the fee required under section 21. An applicant or other person whose fingerprints and photograph are required under paragraph C may, at his option, be photographed and fingerprinted at the office of the Sheriff or other law enforcement agency. An application shall be deemed complete when the Sheriff Director has received the required fees, all information required in paragraph C, fingerprints of the applicant and a photograph of the applicant's face, and, in the case of a corporation or other business organization, a photograph and fingerprints of all persons for whom information is required under paragraph C of this section. The purpose for obtaining these fingerprints and photographs is to obtain a state and federal records check. The Sheriff's Office and the Department of Public Safety are authorized to exchange this information with the Federal Bureau of Investigation. d) The information provided pursuant to subparagraphs 5 and 6 of paragraph C of this section shall be supplemented in writing by certified mail to the Sheriff Director within ten working days of a change of circumstances which would render the information originally submitted false or incomplete. e) As requested by the director, the The Sheriff shall investigate and confirm information supplied by the applicant. SECTION 9. CONFIDENTIALITY The information provided by an applicant in connection with the application for a license or permit under this ordinance is confidential and shall be maintained in confidence by the Sheriff Director. SECTION 10. GRANT OR DENIAL OF LICENSE OR PERMIT a) Upon receipt of a complete application for an adult oriented business license, the Sheriff Director shall issue to the applicant a temporary business license. Within forty five days after receipt of a complete application for an adult oriented business license, the Sheriff Director shall mail to the applicant a regular license or a notice of intent to deny. If the Sheriff Director fails to do so, the license shall be deemed granted. b) Upon receipt of an application for an adult oriented business manager permit or an adult service provider permit, including all information required by sections 7(b) and 8(b), payment of the required fees and completion of photograph and Agenda Item: 18 – TA2016006 Page 2 of 5 fingerprinting requirements of section 6, the Sheriff Director shall issue to the applicant a temporary permit. Within thirty days after issuance of a temporary permit, the Sheriff Director shall mail to the applicant a regular permit or a notice of intent to deny. If the Sheriff Director fails to do so, the permit shall be deemed granted. c) The Sheriff Director shall grant a regular license or permit to an applicant who has completed all requirements for application, unless the Sheriff Director finds any of the following conditions noted below. For purposes of this paragraph, a person required to submit information pursuant to section 6(c) shall be deemed an applicant. SECTION 12. ADULT SERVICE PROVIDER OR MANAGER WORK IDENTIFICATION CARD The Sheriff Director shall provide a work identification card to all adult service providers and adult oriented business managers. The card shall contain a photograph of the permittee, the number of the permit issued to that permittee and the date of expiration of the permit. SECTION 13. ADULT SERVICE BUSINESS: OPERATING REQUIREMENTS k) A sign, in a form to be prescribed by the Sheriff Director summarizing the provisions of subparagraphs c, d, j, and l 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. SECTION 16. SUSPENSION OF LICENSE OR PERMIT The Sheriff Director shall suspend a license or permit for a period of ten days if the licensee or permittee is convicted of violating a provision of this ordinance. SECTION 17. REVOCATION OF LICENSE OR PERMIT The Sheriff Director shall revoke a license or permit issued pursuant to this ordinance if the licensee or permittee: SECTION 18. PROCEDURES FOR DENIAL. REVOCATION. NONRENEWAL OR SUSPENSION: APPEAL If the Sheriff Director determines that grounds exist for denial, suspension or revocation of a license or permit under this ordinance, he/she shall notify the applicant, licensee or permittee (respondent) in writing of his/her intent to deny, suspend or revoke, including a summary of the grounds therefore. The notification shall be by certified mail to the address on file with the Sheriff Director. Within ten working days of receipt of such notice, the respondent may provide to the Sheriff Director in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked and may include a request for a hearing. If a response is not received by the Sheriff Director in the time stated, the notification shall be the final Agenda Item: 18 – TA2016006 Page 3 of 5 administrative action of denial, suspension or revocation and notice of such will be sent to the permittee or licensee within five working days after the expiration of the period for submitting a response. Within five working days after receipt of a response, the Sheriff Director shall either withdraw the intent to deny, suspend or revoke, and send notification of the withdrawal to the respondent in writing by certified mail, or shall schedule a hearing before a hearing officer and send notification to the respondent in writing by certified mail of the date, time and place of the hearing. If the Sheriff Director fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than fifteen or more than thirty working days after receipt by the Sheriff Director of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. If respondent is represented by counsel, attorneys' fees shall be at the expense of respondent. The rules of evidence shall not apply. Respondent shall have the burden of proving by a preponderance of the evidence that the denial, suspension or revocation was arbitrary or capricious and an abuse of discretion. The hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent on file with the Sheriff Director. If more than forty five days elapse between receipt by the Sheriff Director of a request for a hearing and mailing by the hearing officer of a final decision to the respondent, a decision in favor of the applicant, licensee or permittee shall be deemed to have been rendered. In the case of an intent to revoke, suspend or non- renew a license or permit, or to deny a regular license or permit, the permittee or licensee may continue to function under the regular or temporary license or permit pending receipt of the final decision of the hearing officer. The decision shall be final at the end of five working days after it is mailed and shall constitute final administrative action. SECTION 20. LICENSE AND PERMIT RENEWAL a) A license or permit may be renewed by filing an application for renewal in writing with the Sheriff Director. The application shall contain the information required to be submitted with an original application, including fingerprints and a photograph, provided that, a renewal application need not contain any other information that has been provided in a previous application and has not changed since the time of the most recent application. An application for license renewal shall be received by the Sheriff Director not less than forty five days before the expiration of the license. An application for permit renewal shall be received by the Sheriff Director before expiration of the permit. b) The Sheriff Director may deny an application for renewal for the reasons and in accordance with the procedures set forth in Section 10. SECTION 21. FEES d) A duplicate or certified copy of a license, permit or identification card shall be issued by the Sheriff Director upon payment of a fee of ten dollars ($10). Agenda Item: 18 – TA2016006 Page 4 of 5 This item is being processed through the County’s Enhanced Regulatory Outreach Program (EROP). A stakeholder meeting was held on December 2, 2016. The Commission initiated this text amendment on February 16, 2017. Staff has received one email of support via EROP. Issue: TA2016006 Ordinance P-10 for Adult Oriented Businesses and Adult Service Providers Citizen's Name: Ann Hutchinson Organization: New River-Desert Hills Community Association City: NEW RIVER Zip: 85087 Phone Number: 6237426514 Phone Type: home Email: behomes@q.com Does citizen want to be contacted: no Comment is regarding: Express Support with comment Comments: As this moves forward, we would like to have assurances that this conforms with the Arizona Revised Statutes This item is tentatively scheduled for the April 26, 2017 public hearing before the Maricopa County Board of Supervisors (BOS). The amendment will take effect 30 days after BOS approval. Recommendation: Staff recommends the Commission recommend approval of TA2016006, as presented, to the BOS. Prepared by: Jaclyn Sarnowski, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor and Darren V. Gerard, AICP, Deputy Director Attachment: 2/16/17 ZIPPOR Report (6 pages) Agenda Item: 18 – TA2016006 Page 5 of 5