ORDINANCE O2026.05 FINAL.DOCX

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Ordinance No. O2026.05
ORDINANCE NO. O2026.05
AN ORDINANCE OF THE CITY OF TEMPE, ARIZONA 
ADDRESSING PUBLIC HEALTH, SAFETY, AND WELFARE BY 
AMENDING THE TEMPE CITY CODE, CHAPTER 16, SECTIONS 
26.70 AND 26.71, BY ADDING NEW REQUIREMENTS RELATED 
TO DRINK SPIKING PREVENTION.
WHEREAS, under the Arizona Constitution, a city with a population of more than 3,500 
people is entitled to establish a charter for its government and that a charter city is granted 
autonomy over matters of local interest; and
WHEREAS, the voters of the City of Tempe established the Tempe City Charter in 1964 
that vests policymaking in the Tempe City Council; and
WHEREAS, the City Council finds it necessary to amend the City Code to add protections 
against drink spiking and related behaviors; and
WHEREAS, the City Council finds that it is in the best interest of the City to provide 
incentives for establishment operators to assist in protecting against drink spiking; and
WHEREAS, the City Council finds that it is vital to the effectiveness of the efforts to 
combat drink spiking for victims and witnesses of drink spiking to be able to promptly report 
incidents of drink spiking to peace officers or other persons of authority.  Therefore, to the extent 
permitted by law, it is the Council’s desire that no victim or witness to a drink spiking incident 
shall be prosecuted for an offense necessarily revealed by virtue of the report of the drink spiking 
incident;
WHEREAS, the City Council finds that enactment of this ordinance is in the health, safety, 
and welfare of the citizens and residents of the City of Tempe.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 
OF TEMPE, ARIZONA, as follows:
Section 1.  That Chapter 26, Article V, Tempe City Code, is hereby amended by modifying 
Section 26-70 and adding a new Section 26-71 as set forth in Exhibit A hereto (with additions in 
ALLCAPS and deletions in strikethrough text).
Section 2.  If any section, subsection, sentence clause, phrase, or portion of this ordinance 
or any part of the code adopted herein is for any reason held to be invalid or unconstitutional by 
the decision of any court of competent jurisdiction, such decision shall not affect the validity of 
the remaining portions thereof.  
Section 3.  All ordinances and parts of ordinances in conflict with the provisions of the 
Code adopted herein are hereby repealed.

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Ordinance No. O2026.05
Section 4.  The City Clerk is hereby authorized to correct clerical and grammatical errors, 
if any, related to this ordinance, and to make formatting changes appropriate for purposes of clarity, 
form, or consistency with the Tempe City Code. 
Section 5.  The various City officers and employees are hereby authorized and directed to 
perform all acts necessary to give effect to this ordinance.
Section 6. Pursuant to City Charter, Section 2.12, ordinances are effective thirty (30) days 
after adoption. 
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPE, 
ARIZONA, this ________ day of ________________, 2026.
Corey D. Woods, Mayor
ATTEST:
                                      
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney

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Ordinance No. O2026.05
EXHIBIT A to Ordinance No. O2026.05 Related to Drink Spiking and Security 
Plans
Sec. 26-70. Security plans.
(a)
Definitions.
(1)
Amusement means an indoor or outdoor recreational use such as indoor miniature golf, ice rink, rock 
climbing, bowling or similar recreational or amusement activity. 
(2)
Entertainment means an indoor or outdoor presentation of, or participation in live singing, dancing, 
musical instrumentation, dramatic, prosaic or poetic activities or similar activities. 
(3)
Hotel and/or motel means a building that contains more than five (5) boarding rooms. 
(4)
For the purposes of this section, a multi-unit dwelling means one (1) structure having: five (5) or more 
dwelling units with seven (7) or more floors and the structure has balconies.
(5)
DRINK SPIKING SHALL MEAN ANY ACT OR ATTEMPTED ACT OF UNLAWFULLY 
ADMINISTERING INTOXICATING LIQUORS, NARCOTIC DRUG OR DANGEROUS DRUG AS 
DEFINED IN SECTIONS 13-1205 AND 13-3401 OF THE ARIZONA REVISED STATUTES.
(b)
Purpose. The purpose of this section is to promote the health, safety, and welfare of the citizens, visitors, 
businesses and the community by requiring certain types of property uses within the City to file, follow, and 
keep current a security plan. 
(c)
Uses requiring security plans. A security plan shall be required upon the commencement, assumption, or 
continuation of any of the following uses: 
(1)
Bars, cocktail lounges, taverns, dance clubs, nightclubs and similar businesses; 
(2)
Adult-oriented businesses; 
(3)
Recreational or amusement business, both indoor and outdoor activities, including pool halls and video 
arcades with a liquor license; 
(4)
Entertainment as a primary use of the business, or as an accessory use to a business with a liquor license 
and a planned primary use for the sale or service of spirituous liquor; 
(5)
Hotels and motels; 
(6)
Tobacco retail or smoking establishments with onsite consumption; 
(7)
Medical marijuana dispensary, marijuana establishment, marijuana testing facility, or cultivation facility; 
(8)
Upon a determination by the Chief of Police, based on documented calls for service, reported crimes, 
complaints, or any other factual information that demonstrates a disregard for public safety. Upon a 
determination made pursuant to this subsection, the property owner or designee of the use subject to the 
determination shall submit a complete security plan application within ten (10) days of the receipt of the 
determination in accordance with subsection (e) of this section. Failure to submit a security plan 
application within ten (10) days shall be a violation of this article and punishable as set forth in Section 
1-7; 
(9)
Multi-unit dwellings as defined in subsection (a) and shelters; or 
(10) Any structure or development with five (5) or more dwelling units where documented calls for service, 
reported crimes, complaints, or other factual information, has occurred demonstrating a disregard for 
public safety. This determination shall be made by the Police Department. 
(d)
Exemptions. THE CHIEF OF POLICE MAY GRANT EXEMPTIONS FROM ANY OR ALL OF THE 
REQUIREMENTS OF THIS ARTICLE TO:

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Ordinance No. O2026.05
(1) Businesses with a Series 6 or 7 liquor license and having a primary use other than entertainment or the sale, 
service, or consumption of spirituous liquor, are exempt from this requirement, unless deemed necessary per 
Section (c)(8) of this Code;
(2) BUSINESSES WHOSE NORMAL OPERATIONS ARE SUCH THAT REQUIRING CERTAIN 
ELEMENTS OF A SECURITY PLAN IS NOT NECESSARY TO FULFILL THE INTENT OF THIS 
ARTICLE.  IN APPLYING THIS EXEMPTION, THE CHIEF OF POLICE MAY CONSIDER THE FLOOR 
PLAN AND LAYOUT OF THE BUSINESS, THE HOURS OF OPERATION, THE METHOD AND 
MANNER OF SERVING ALCOHOL AND FOOD, AND ANY OTHER RELEVANT FACTORS.
(e)
Security plan submittal. Every applicant requiring a security plan shall furnish to the Police Department designee 
a complete application signed by the owner or the statutory agent of the use with the following information: 
(1)
Plan of operation, program plan and hours; 
(2)
Site/building information; 
(3)
Safety conditions; 
(4)
On-site parking, ingress and egress, vehicular and pedestrian traffic control; 
(5)
Staffing and operations; 
(6)
Conditions of plan; 
(7)
On-site contact person(s)/manager(s); 
(8)
Any and all responsible parties for business operations; 
(9)
Floor plan and evacuation routes; and 
(10) Any other reasonable information the Police Department deems necessary for review and approval of the 
security plan. 
(f)
Upon request of the Police Department, any business with a use requiring a security plan pursuant to Section 
26-70(c) shall immediately furnish any of the information and/or supporting documentation required by Section 
26-70(e) to the Police Department. 
(g)
Security plan review and approval time frames. 
(1)
Administrative time frame; unless the security plan has already been approved. Within fifteen (15) days 
after receiving a security plan application under this article, the Police Department designee will determine 
whether the application is administratively complete, and notify the applicant or their agent; 
(2)
Substantive review time frame. Within forty-five (45) days after the notice of administrative completion, 
the Police Department will complete a substantive review of the security plan application; 
(3)
Overall time frame. Within ninety (90) days, subject to any authorized extensions, after receiving a 
complete security plan application pursuant to this article, the Police Department designee will approve 
or deny the security plan; and 
(4)
The time frames provided for in this section are suspended if a security plan application has been 
determined to be administratively incomplete or a supplemental request has been made during the 
substantive review period until the applicant corrects any deficiencies or responds to a supplemental 
request for information. In no event shall an application remain incomplete in excess of sixty (60) days. 
(h)
Duration and renewal. 
(1)
A security plan approved by the Police Department shall be subject to annual review at the discretion of 
the Police Department and is subject to revision by the Police Department if: 
a.
There is a material change in circumstances; or 
b.
Upon a written request from the property owner or agent; or 
c.
It is deemed necessary by the Police Department for the protection of the health, safety, or welfare 
of the community.

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Ordinance No. O2026.05
(i)
Non-acceptance and denial. 
(1)
The Police Department designee shall not accept a security plan submittal if the application is incomplete. 
(2)
The Police Department designee shall deny approval of a security plan application if: 
a.
All requirements for the security plan have not been completed; or 
b.
The applicant is a corporation or other entity not qualified or licensed to transact business in Arizona; 
or 
c.
False or misleading information was given or submitted in support of a security plan, or the applicant 
failed or refused to make full disclosure of all required information; or 
d.
The applicant is delinquent in payment to the City of any taxes, fees, fines, or penalties imposed 
upon the applicant, or arising out of any other business activity owned or operated by the applicant 
that is subject to licensing by the City. 
(j)
Information update. All businesses required to have a security plan shall give written notice to the Police 
Department designee of any material changes in information submitted in connection with an application or 
approved security plan. This information must be provided to the Police Department designee within thirty (30) 
days of any such change. 
(k)
Mandatory reporting. Any business or person regulated by this article shall immediately report to the Tempe 
Police Department any act that occurs or was reported to have occurred on its property located within the City 
which includes any of the following: 
(1)
In which bodily injuries are sustained by any person and the injuries would be obvious to a reasonable 
person; or, 
(2)
Of sufficient intensity as to require the intervention of a peace officer to restore normal order; or, 
(3)
In which a weapon is brandished, displayed or used; or, 
(4)
Any sexual offense defined under A.R.S. Title 13, Chapter 14; 
(l)
Violations.
(1)
It is a violation to operate a business with a use listed under 26-70(c) without an approved security plan. 
(2)
Failure to comply with the terms and conditions of an approved security plan constitutes a violation. Two 
(2) or more violations within a one (1) year period constitutes grounds for revocation. 
(3)
Submitting false or misleading information in support of a security plan constitutes a violation. 
(4)
Any action or inaction in violation of this section that places an individual or individuals in imminent 
danger constitutes a violation and is grounds for immediate revocation. 
(5)
A licensee or an employee or contractor of the licensee failing to follow a clear and direct lawful order 
from a law enforcement office or a fire code official constitutes a violation. 
(6)
Failure to comply with mandatory reporting incidents as required under this article constitutes a violation. 
(7)
The Police Department designee shall be responsible for initiating any revocation proceedings. 
(8)
Any violation of this article is a Class 1 misdemeanor, 
(m)
Penalties. No person shall operate or allow the operation of a use, which requires a security plan, in the absence 
of such required security plan or in a manner which violates a security plan required by this article. Any violation 
of this article may result in a fine, revocation of security plan, liability for emergency response and criminal 
charges, as set forth in this article. Each individual day of operation in violation of this article shall be a separate 
violation. All remedies prescribed by this article shall be cumulative and supplemental and the use of one (1) or 
more remedies by the City shall not bar the use of any other remedy for enforcing this article. 
(n)
Liability for emergency responses. Any use or person regulated by this article shall be liable for the reasonable 
costs of any emergency response that is required as a result of a breach of the security plan or of this article.

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Ordinance No. O2026.05
(1)
The expenses of an emergency response are a charge against the person or entity liable for those expenses. 
The charge constitutes a debt of that person or entity, and may be collected by the City and any emergency 
responder that incurred expenses while undertaking the emergency response. The liability imposed under 
this article is in addition to and not in limitation of any other liability that may be imposed. An insurance 
policy may exclude coverage for liability for expenses of an emergency response under this article but an 
insurance exclusion does not waive or alter the liability to the City or other providers of the emergency 
response. 
(2)
For purposes of this section, "expenses of an emergency response" shall mean reasonable costs directly 
incurred by the City or other emergency responders that make an appropriate emergency response to an 
incident. "Reasonable costs" shall mean all costs of providing police, fire fighting, rescue, transport and 
emergency medical services at the scene of an incident including the salaries of the persons who respond 
to the incident. "Emergency response" shall mean a response by one (1) or more public safety agencies 
necessary to prevent a public safety incident or to restore order during such an incident. 
(3)
The City does not hereby waive its right to seek reimbursement for actual costs exceeding the fine imposed 
in subsection (m) through other legal remedies or procedures. 
(o)
In addition to the other penalties and liabilities imposed in this article, in the event of an emergency response 
that occurs on a premises located within the City that results from or is related to a violation of a security plan 
or of this article (OTHER THAN A VIOLATION OF SECTION 26-71), a fine not to exceed five thousand 
dollars ($5,000.00) per incident shall be imposed for each incident. 
(p)
Appeal. The appeal procedure is as follows: 
(1)
If an applicant for security plan is dissatisfied with any decision under this article, the applicant may 
administratively appeal the decision to the Chief of Police or designee, within five (5) days of receipt of 
the decision. The Chief of Police or designee shall render a decision within five (5) working days of receipt 
of request for review; 
(2)
If an applicant is dissatisfied with the decision of the Chief of Police, they may file an appeal in writing 
with the City Clerk to be heard by a hearing officer. Any appeal shall be filed within ten (10) days of 
receipt of the decision of the Chief of Police, setting forth the reasons why the decision should not be 
implemented; 
(3)
The hearing officer shall consider all facts relating to the issuance of the violation and fine and the reasons 
therefore and may uphold the penalty imposed, eliminate the penalty, or modify it. The hearing officer 
shall render their decision within ten (10) days of submission; 
(4)
The costs of the administrative hearing may be assessed to the responsible party in addition to any other 
fines and penalties in the event that the violation is upheld; and 
(5)
If an applicant is dissatisfied with the review by the hearing officer, they may file an appeal in writing 
with the City Clerk to be heard by the City Council. Any appeal shall be filed within ten (10) days of 
receipt of the decision of the hearing officer, setting forth the reasons why the decision should not be 
implemented. The decision of the City Council shall constitute the final decision. 
Sec. 26-71.  SPECIAL MEASURES FOR DRINK SPIKING.
(a)
ADDITIONAL CONSIDERATIONS FOR CERTAIN USES.   TO PROTECT THE PUBLIC FROM 
INCIDENCES DESCRIBED IN SECTION 26-70(a)(5), AN ESTABLISHMENT THAT SERVES 
ALCOHOL BETWEEN THE HOURS OF 12:00 A.M. AND 2:00 A.M. SHALL POST THE SIGNAGE AS 
SET FORTH IN SUBSECTION (b)(4) AND OFFER DURING REGULAR BUSINESS HOURS THE SALE 
OR DISTRIBUTION AT NO MORE THAN 150% OF COST COMMERCIALLY AVAILABLE DRUG 
TESTING MEASURES OR KITS SUCH AS STRIPS, STICKERS, OR OTHER DEVICES DESIGNED TO 
DETECT FOR ANY NARCOTIC OR DANGEROUS DRUGS AS DEFINED IN SECTIONS 13-1205 AND 
13-3401 OF THE ARIZONA REVISED STATUTES; SUBJECT TO THE FOLLOWING:
(1) AN ESTABLISHMENT SHALL MAINTAIN A REASONABLE INVENTORY OF DRUG TESTING 
MEASURES OR KITS TO SERVICE ITS CUSTOMERS, BUT AT A MINIUM SHALL HAVE AN 
INVENTORY OF AT LEAST TEN (10) UNITS OF SUCH DRUG TESTING MEASURES OR KITS AT

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Ordinance No. O2026.05
THE OPENING OF BUSINESS; IF SUCH INVENTORY FALLS BELOW THIS MINIMUM ON ANY 
BUSINESS DAY, THE ESTABLISHMENT SHALL REPLENISH SUCH INVENTORY WITHIN 
SEVENTY-TWO (72) HOURS OF THE END OF SUCH BUSINESS DAY.
(2) AN ESTABLISHMENT SHALL ALSO PERMIT PATRONS TO BRING AND USE THEIR OWN 
CLEAN, EMPTY BEVERAGE CONTAINER, OF ANY SIZE, EQUIPPED WITH A LID OR 
REMOVABLE COVER THAT SECURELY ATTACHES TO THE RIM OF THE CONTAINER.  AFTER 
A BEVERAGE IS LAWFULLY SERVED TO THE PATRON IN THE ESTABLISHMENT’S APPROVED 
SERVICE CONTAINER, THE PATRON MAY PERSONALLY TRANSFER THE BEVERAGE INTO 
THEIR OWN CONTAINER.
(b)
CERTIFIED DRINK SPIKING PREVENTION PROGRAMS.  THE CONSIDERATIONS SET FORTH 
IN SUBSECTION (a) SHALL BE MANDATORY; THE CHIEF OF POLICE OR DESIGNEE SHALL OFFER 
TO ALL ESTABLISHMENTS THE OPPORTUNITY TO IMPLEMENT AND MAINTAIN A CERTIFIED 
DRINK SPIKING PREVENTION PROGRAM.  CERTIFIED PLANS SHALL INCLUDE ALL OF THE 
FOLLOWING:
1) MAINTAINING AN INVENTORY AND OFFERING FREE OF CHARGE TO ANY CUSTOMER A 
GLASS OR CONTAINER OF SUITABLE SIZE THAT INCLUDES A LID OR OTHER REMOVABLE 
COVER THAT ATTACHES TO THE RIM OF THE GLASS OR CONTAINER;
2) MAINTAINING AN INVENTORY AND OFFERING TO CUSTOMERS UPON REQUEST, DRUG 
DETECTION MEASURES OR TESTING KITS INCLUDING BUT NOT LIMITED TO TEST STRIPS, 
STICKERS, CARDS OR OTHER DEVICES DESIGNED TO DETECT SUBSTANCES POTENTIALLY 
USED IN DRINK SPIKING FROM COMMERCIALLY AVAILABLE TESTING PRODUCTS;
3) MAINTAINING A PROGRAM TO ASSURE THAT TESTING MEASURES OR KITS OFFERED TO 
CUSTOMERS HAVE NOT EXCEEDED THEIR EXPIRATION DATE AND ARE OTHERWISE 
MAINTAINED 
AND 
STORED 
IN 
A 
MANNER 
CONSISTENT 
WITH 
MANUFACTURER 
RECOMMENDATIONS;
4) POSTING IN PROMINENT AND CONSPICOUS LOCATIONS IN ALL RESTROOM FACILITIES A 
SIGN THAT CONVEYS THE FOLLOWING MESSAGE OR A SUBSTANTIALLY SIMILAR MESSAGE 
APPROVED BY THE CHIEF OF POLICE OR DESIGNEE:
NOTICE FROM THE CITY OF TEMPE: DRINK SPIKING IS ILLEGAL. DRINK TESTING 
KITS ARE AVAILABLE HERE. ASK A STAFF MEMBER FOR DETAILS.
5) ANY ADDITIONAL REQUIREMENTS REASONABLY DETERMINED BY THE CHIEF OF POLICE 
OR DESIGNEE TO PROMOTE DRINK SPIKING PREVENTION.
(c)
INCENTIVES FOR CERTIFIED PROGRAMS.  ANY ESTABLISHMENT THAT DEVELOPS AND 
MAINTAINS A CERTIFIED DRINK SPIKING PREVENTION PROGRAM THAT IS OPERATED IN FULL 
COMPLIANCE WITH THIS SECTION SHALL BE ENTITLED TO RECEIVE A REBATE FOR THE 
PERIOD OF COMPLIANCE EQUAL TO TWENTY-FIVE PERCENT (25%) OF ANY TAX PAID BY SUCH 
ESTABLISHMENT FOR SUCH COMPLIANCE PERIOD PURSUANT TO CHAPTER 4, SECTION 4-4 OF 
THIS CODE.  THE CHIEF OF POLICE OR DESIGNEE SHALL TRANSMIT NOTICE OF CERTIFICATION 
OR 
RECERTIFICATION 
TO 
THE 
FINANCIAL 
SERVICES 
DEPARTMENT 
FOR 
EACH 
ESTABLISHMENT.  THE FINANCIAL SERVICES DEPARTMENT SHALL ISSUE A REBATE TO THE 
ESTABLISHMENT LICENSEE WITHIN SIXTY (60) DAYS THEREAFTER.
(d)
POLICE DEPARTMENT SUPPORT OF SECURITY PLANS.  IN ORDER TO SUPPORT THE 
PURPOSES OF DRINK SPIKING PREVENTION AND ENFORCEMENT, THE CHIEF OF POLICE SHALL 
MAKE REASONABLE EFFORTS TO PROVIDE READILY AVAILABLE AND PROPERLY 
MAINTAINED TESTING MEASURES AS SET FORTH IN SUBSECTION (c)(2) AT EACH POLICE 
SUBSTATION AND POLICE HEADQUARTERS BUILDING.
(e)
PENALTY FOR NONCOMPLIANCE. IF AN ESTABLISHMENT SUBJECT TO THIS SECTION FAILS 
TO COMPLY AS SET FORTH HEREIN, THE POLICE DEPARTMENT MAY ISSUE AN INVESTIGATIVE 
REPORT AND WARNING LETTER WITH RESPECT TO SUCH NONCOMPLIANCE AND SUCH

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Ordinance No. O2026.05
INVESTIGATIVE REPORT AND WARNING LETTER SHALL BE COPIED TO THE ARIZONA 
DEPARTMENT OF LIQUOR.  ANY ESTABLISHMENT THAT FAILS TO COMPLY WITH THE 
PROVISION OF THIS SECTION SHALL BE DENIED ANY OPPORTUNITY FOR THE REBATE FOR 
THE CALENDAR YEAR IN WHICH ANY NONCOMPLIANCE HAS OCCURRED
(f)
RELEASE OF LIABILITY.  THE PROVISIONS IN THIS SECTION RELATED TO DRINK SPIKING 
PREVENTION ARE NOT INTENDED TO AND SHALL NOT CREATE ANY LIABILITY FOR 
ESTABLISHMENTS PARTICIPATING IN THE PROGRAM AND NO ESTABLISHMENT SHALL BE 
HELD LEGALLY LIABLE, CRIMINALLY OR CIVILLY, INCLUDING ANY MEMBER OF THE PUBLIC 
FOR ANY DEFECTIVE TEST, UNAVAILABILITY OF TESTS, INACCURATE RESULT, FALSE 
NEGATIVE OR POSITIVE, OR OTHERWISE INCUR LIABILITY AS A RESULT OF PROVIDING  
DRINK SPIKING TESTING OR PREVENTION MEASURES TO THE PUBLIC OR ALLOWING 
CUSTOMERS TO PROVIDE THEIR OWN BEVERAGE CONTAINERS FOR USE PURSUANT TO THIS 
SECTION.
(g)
EXEMPTIONS.  THIS PROVISIONS OF THIS SECTION SHALL NOT APPLY TO BOWLING ALLEYS, 
SPORTS ARENAS, SERIES 3 OR SERIES 11 LICENSEES, OR ANY OTHER ESTABLISHMENT 
GRANTED A FORMAL EXEMPTION BY THE CHIEF OF POLICE AFTER APPLYING THE CRITERIA 
SET FORTH IN SUBSECTION 26-70(d)(2).