ORDINANCE O2026.05_DRINK SPIKING ORDINANCE_FINAL.2.5.26.REDLINE.PDF

City of Tempe — Regular City Council Meeting (2026-02-05)

Extracted text (via pymupdf) 24398 characters

1
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; and

WHEREAS, the City Council desires that this ordinance will not only increase drink
spiking prevention measures but also lead to increased programs for education and awareness
concerning the dangers of drink spiking and personal efforts that can be undertaken to aid in its
prevention; and

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
ALL CAPS 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

2
Ordinance No. O2026.05
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.

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 adoptionThis Ordinance shall become effective on August 1, 2026.

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

3
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
DEFINEDDESCRIBED 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:

4
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, AGE DEMOGRAPHICS, OCCUPANCY, HISTORY OF
COMPLAINTS OR PUBLIC SAFETY ACTIONS AT THE ESTABLISHMENT, 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

5
Ordinance No. O2026.05
c.
It is deemed necessary by the Police Department for the protection of the health, safety, or welfare
of the community.
(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.

6
Ordinance No. O2026.05
(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.
(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 HOLDING A SERIES 6 OR
SERIES 12 LIQUOR LICENSE THAT SERVES ALCOHOL ON MORE THAN THREE (3) DAYS PER MONTH
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 UNEXPIRED, LAB CERTIFIED, COMMERCIALLY AVAILABLE
DRUG TESTING MEASURES OR KITS SUCH AS STRIPS, STICKERS, OR OTHER DEVICES THAT ARE
COMMERCIALLY AVAILABLE TESTING PRODUCTS DESIGNED TO DETECT SUBSTANCES USED IN
DRINK SPIKING; HOWEVER, FOR ANY NARCOTIC OR DANGEROUS DRUGS AS DEFINED IN

7
Ordinance No. O2026.05
SECTIONS 13-1205 AND 13-3401 OF THE ARIZONA REVISED STATUTES; SUBJECT TO THE
FOLLOWING:

(1) AN ESTABLISHMENT SHALL ONLY BE REQUIRED TO MAINTAIN A REASONABLE
INVENTORY OF DRUG TESTING MEASURES OR KITS TO SERVICE ITS CUSTOMERS, BUT AT A
MINIMUM SHALL HAVE AN INVENTORY OF AT LEAST TEN (10) UNITS OF SUCH DRUG TESTING
MEASURES OR KITS AT 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) HOURSTHREE BUSINESS DAYS 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 A NREASONABLE INVENTORY AND OFFERING FREE OF CHARGE TO ANY
CUSTOMER A WHEN A BEVERAGE IS SERVED TO THE CUSTOMER EITHER A) GLASS ORA
BEVERAGE CONTAINER OF SUITABLE SIZE THAT INCLUDESWITH A LID OR B) A LID OR OTHER
REMOVABLE COVER THAT ATTACHES TO THE RIM OF THE GLASS ORBEVERAGE CONTAINER
IN WHICH A BEVERAGE IS SERVED TO THE CUSTOMER;

2) MAINTAINING AN REASONABLE INVENTORY AND OFFERING TO CUSTOMERS UPON
REQUEST DURING REGULAR BUSINESS HOURS THE SALE OR DISTRIBUTION AT NO MORE
THAN 150% OF COST, UNEXPIRED, LAB-CERTIFIED DRUG DETECTION MEASURES OR TESTING
KITS INCLUDING BUT NOT LIMITED TO TEST STRIPS, STICKERS, CARDS OR OTHER DEVICES
THAT ARE COMMERCIALLY AVAILABLE TESTING PRODUCTS 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 CONSPICUOUS LOCATIONS IN ALL RESTROOM FACILITIES A
SIGN (THAT MAY BE OBTAINED FROM THE CITY OF TEMPE OR OTHERWISE ACQUIRED BY THE
ESTABLISHMENT) THAT CONVEYS IN AT LEAST ONE INCH LETTERING 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 THE CERTIFIED DRINK SPIKING PREVENTION PROGRAM
CONTAINED IN THIS SUBSECTION (b).
(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

8
Ordinance No. O2026.05
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 DESCRIBED IN THIS SECTION AS SET FORTH IN
SUBSECTION (c)(2) AT EACH POLICE SUBSTATION AND POLICE HEADQUARTERS BUILDING
FOR USE IN POLICE DEPARTMENT INVESTIGATIONS.
(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
INVESTIGATIVE REPORT AND WARNING LETTER SHALL MAY 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. THIS ORDINANCE IS ENFORCEABLE ONLY BY THE CITY OF TEMPE AND SHALL NOT
CREATE ANY INDIVIDUAL OR PRIVATE RIGHT OF ENFORCEMENT OR ACTION OR CLAIM FOR
DAMAGES FOR ANY NONCOMPLIANCE.
(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).