Dream Palace Arizona


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Dream Palace Arizona

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Hours may change under current circumstances. See also Isbell v. I concur in Judge O'Scannlain's well-written opinion.

Were I writing on a blank slate, however, I would dissent from Section VI, which upholds the prohibition against operation of adult-oriented businesses between the hours of a.

As Judge O'Scannlain's opinion recognizes, the result reached in Section VI is largely controlled by Fair Public Policy v.

I dissented in that case because I was convinced, as I still am, that the hours restriction violated the holding of a majority of the Supreme Court per Justice Kennedy in City of Los Angeles v.

Alameda Books, Inc. The record in the present case is not sufficiently different from that in Fair Public Policy to lead me to a different conclusion.

I recognize, however, that my view did not prevail in Fair Public Policy, and I am bound by that decision. I therefore concur fully in Judge O'Scannlain's opinion today.

MARICOPA COUNTY ORDINANCE NO. Based on public testimony and other evidence before it, including information, studies and court decisions from other jurisdictions, and in accordance with A.

The Board of Supervisors recognizes that some activities which occur in connection with adult oriented businesses are protected as expression under the First Amendment to the United States Constitution.

The Board of Supervisors further recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights.

The Board is aware, however, that adult oriented businesses may and do generate secondary effects which are detrimental to the public health, safety and welfare.

Among those secondary effects are a prostitution and other sex related offenses b drug use and dealing c health risks through the spread of AIDS and other sexually transmitted diseases and d infiltration by organized crime for the purpose of drug and sex related business activities, laundering of money and other illicit conduct.

This ordinance is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated above.

Specifically, the Board of Supervisors finds the licensing of persons who operate and manage adult oriented businesses and persons who provide adult services will further the goals of the ordinance by enabling the County to ascertain if an applicant is underage or has engaged in criminal or other behavior of the sort the ordinance is designed to limit.

This information will enable the County to allocate law enforcement resources effectively and otherwise protect the community.

The Board of Supervisors finds that limiting proximity and contact between adult service providers and patrons promotes the goal of reducing prostitution and other casual sexual conduct and the attendant risk of sexually transmitted diseases.

The Board of Supervisors finds the foregoing to be true with respect to places where alcohol is served and where it is not.

The Board of Supervisors finds that individual and interactive sexual activities in adult video facilities pose a risk of sexually transmitted disease, especially AIDS, and that the booth configuration options of the ordinance will reduce that risk.

The Board of Supervisors finds that the harmful secondary effects of adult oriented businesses are more pronounced when conducted continuously or during late night hours.

The fees established for licenses and permits in this ordinance are based on the estimated cost of implementation, administration and enforcement of the licensing program.

The following words, terms and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:.

Adult Arcade means any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

Adult Bookstore or Adult Video Store means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:.

Adult Live Entertainment Establishment means an establishment that features either:. Adult Motion Picture Theater means a commercial establishment in which for any form of consideration films, motion pictures, video cassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

Adult oriented business means adult arcades, adult bookstores or adult video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.

Adult oriented business manager or "manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

Adult service means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

Adult service business means a business establishment or premises where any adult service is provided to patrons in the regular course of business.

Adult service provider or "provider" means any person who provides an adult service. Adult theater means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

Booth means a partitioned area, in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images characterized by depiction of specific sexual activities or specific anatomical areas.

Cabaret means an adult oriented business licensed to provide alcoholic beverages pursuant to A. Title 4, Chapter 2, Article 1.

Director means the director of Maricopa County Planning and Development Department or the Director's designee. Employee means any person hired, engaged or authorized to perform any service on the premises of an adult service business, including an adult service provider, whether denominated as an employee, independent contractor or otherwise.

Enterprise means a corporation, association, labor union or other legal entity, as provided in A. License means the license required by this ordinance as a condition to conducting an adult oriented business.

Licensee means a person or enterprise holding an adult oriented business license issued under this ordinance, including those persons required to provide information under section 6 of this ordinance.

Manager's station means a permanently designated area marked accordingly within an adult oriented business where an adult oriented business manager is located in the normal course of operations.

Massage Establishment means an establishment in which A person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance.

This definition shall not apply to:. Title 32, Chapter 13 or 17;. TITLE 32, Chapter 3 or 5, if the activity is limited to the head, face or neck.

Nude Model Studio means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration.

Nude model studio does not include a proprietary school that is licensed by the State of Arizona or a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains or operates educational programs in which credits are transferable to a college, community college or university supported entirely or partly by taxation, or a structure to which the following apply: 1 A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; and.

Patron means a person invited or permitted to enter and remain upon the premises of an adult oriented business, whether or not for consideration.

Permit means the permit required by this ordinance to engage in the activities of an adult service provider or an adult oriented business manager.

Principal business purposes means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in subparagraphs 1 and 2 of the definitions in this section of adult bookstore or adult video store.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

The principal purpose of this ordinance is to establish licensing procedures and regulations for adult oriented businesses and facilities, and their employees, within the unincorporated areas of Maricopa County.

The procedures and regulations contained herein are designed to accommodate these types of businesses and facilities while still recognizing the need to promote the public health, safety and general welfare of the citizens of Maricopa County.

The County Sheriff shall render such assistance in the administration and enforcement of this ordinance as may be requested by the Director.

The license shall state the name of the license holder, the name, address and phone number of the licensed premises, and the dates of issuance and expiration of the license.

Each additional place of business shall require a separate license. 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 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.

If the applicant requests that fingerprints and photograph be taken by the office of the sheriff, such fingerprints and photograph shall be completed by the office of the sheriff within ten working days of the request.

Any such fingerprints or photograph not completed by the office of the sheriff within ten working days of the request shall be deemed to have been completed and received by the director for purposes of the application.

If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information required in subparagraphs 1 through 10 for the applicant, the application shall include the State and date of formation of the organization and the information called for in subparagraphs 2 through 7 of this section with respect to each officer, director, general partner, and all other persons with authority to participate directly and regularly in management of the business, provided that, such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional advice and assistance to the licensee.

The sheriff's office and the department of public safety are authorized to exchange this information with the federal bureau of investigation.

The information provided by an applicant in connection with the application for a license or permit under this ordinance shall be maintained in confidence by the Director, subject only to the public record laws of the State of Arizona.

If the Director fails to do so, the license shall be deemed granted. Within thirty days after issuance of a temporary permit, the Director shall mail to the applicant a regular permit or a notice of intent to deny.

If the Director fails to do so, the permit shall be deemed granted. For purposes of this paragraph, a person required to submit information pursuant to section 6 c shall be deemed an applicant.

SECTION The 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.

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 produced by the manager for inspection upon request by a law enforcement officer or other authorized county official.

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 county official during regular business hours.

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 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 barrier or railing the top of which is at least three feet above floor level.

A provider or patron may not extend any part of his or her body over or beyond the barrier or railing.

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.

The manager shall wear his or her identification card in the manner described in paragraph h above. The manager shall wear his or her identification card in the manner described in section 13 h above.

The manager shall permit law enforcement officers or other authorized county officials to inspect the premises upon request during regular business hours.

The 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.

The Director shall revoke a license or permit issued pursuant to this ordinance if the licensee or permittee:. The notification shall be by certified mail to the address on file with the Director.

Within ten working days of receipt of such notice, the respondent may provide to the 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 Director in the time stated, the notification shall be the final 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 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 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 nor more than thirty working days after receipt by the 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 Director.

If more than forty five days elapse between receipt by the 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 permit, the permittee or licensee may continue to function under the 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.

Final administrative action to deny, revoke or non-renew a license or permit may be appealed to the Superior Court by special action or other available procedure within thirty five days after receipt of written notice of the decision.

The County shall consent to expedited hearing and disposition. If a permittee or licensee pursues a judicial appeal from a final administrative action, that permittee or licensee may continue to function under the license or permit pending completion of judicial review.

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 Director not less than forty five days before the expiration of the license.

An application for permit renewal shall be received by the Director before expiration of the permit. The license fee will be refunded if the license is denied.

An application for renewal shall be accompanied by the amount of the license fee. A license or permit required by this ordinance is in addition to any other licenses or permits required by the County or the State to engage in the business or occupation.

Persons engaging in activities described in this ordinance shall comply with all other ordinances and laws, including the County Zoning Ordinance, as may be required, to engage in a business or profession.

With respect to a violation that is continuous in nature, each day that the violation continues shall constitute a separate offense.

This ordinance shall apply to all persons engaging in the activities described herein, whether or not such activities were commenced prior to the effective date of this ordinance.

Persons so engaged as of the effective date of this ordinance shall be in full compliance with this ordinance, including receipt of any required license or permit, within one hundred eighty days after the effective date of this ordinance.

Each section and each provision or requirement of any section of this ordinance shall be deemed severable and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion.

Your Notes edit none. Cited By 75 This case has been cited by other opinions: Aaron Flint v. George Dennison, in His Official Capacity as President of Chassman Raich v.

Sherill Douglas Jenifer Cosimano and Jane Authorities 71 This opinion cites: Valley Forge Christian College v. Americans United for Separation of Laidlaw Environmental Services, U.

Support FLP CourtListener is a project of Free Law Project , a federally-recognized c 3 non-profit.

Please support our work with a donation. United States Court of Appeals, Ninth Circuit. Argued February 11, Submitted and Filed September 27, Before: CANBY, O'SCANNLAIN, and W.

FLETCHER, Circuit Judges. Opinion by Judge O'SCANNLAIN; Concurrence by Judge CANBY. O'SCANNLAIN, Circuit Judge. Title 32, Chapter 7, 8, 13, 14 or 17;.

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Director means the director of Maricopa County Planning and Development Department or the Director's designee. Employee means any person hired, engaged or authorized to perform any service on the premises of an adult service business, including an adult service provider, whether denominated as an employee, independent contractor or otherwise.

Enterprise means a corporation, association, labor union or other legal entity, as provided in A. License means the license required by this ordinance as a condition to conducting an adult oriented business.

Licensee means a person or enterprise holding an adult oriented business license issued under this ordinance, including those persons required to provide information under section 6 of this ordinance.

Manager's station means a permanently designated area marked accordingly within an adult oriented business where an adult oriented business manager is located in the normal course of operations.

Massage Establishment means an establishment in which A person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance.

This definition shall not apply to:. Title 32, Chapter 13 or 17;. TITLE 32, Chapter 3 or 5, if the activity is limited to the head, face or neck.

Nude Model Studio means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration.

Nude model studio does not include a proprietary school that is licensed by the State of Arizona or a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains or operates educational programs in which credits are transferable to a college, community college or university supported entirely or partly by taxation, or a structure to which the following apply: 1 A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; and.

Patron means a person invited or permitted to enter and remain upon the premises of an adult oriented business, whether or not for consideration.

Permit means the permit required by this ordinance to engage in the activities of an adult service provider or an adult oriented business manager.

Principal business purposes means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in subparagraphs 1 and 2 of the definitions in this section of adult bookstore or adult video store.

Seminude means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

The principal purpose of this ordinance is to establish licensing procedures and regulations for adult oriented businesses and facilities, and their employees, within the unincorporated areas of Maricopa County.

The procedures and regulations contained herein are designed to accommodate these types of businesses and facilities while still recognizing the need to promote the public health, safety and general welfare of the citizens of Maricopa County.

The County Sheriff shall render such assistance in the administration and enforcement of this ordinance as may be requested by the Director.

The license shall state the name of the license holder, the name, address and phone number of the licensed premises, and the dates of issuance and expiration of the license.

Each additional place of business shall require a separate license. 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 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.

If the applicant requests that fingerprints and photograph be taken by the office of the sheriff, such fingerprints and photograph shall be completed by the office of the sheriff within ten working days of the request.

Any such fingerprints or photograph not completed by the office of the sheriff within ten working days of the request shall be deemed to have been completed and received by the director for purposes of the application.

If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information required in subparagraphs 1 through 10 for the applicant, the application shall include the State and date of formation of the organization and the information called for in subparagraphs 2 through 7 of this section with respect to each officer, director, general partner, and all other persons with authority to participate directly and regularly in management of the business, provided that, such information need not be provided with respect to attorneys, accountants and other persons whose primary function is to provide professional advice and assistance to the licensee.

The sheriff's office and the department of public safety are authorized to exchange this information with the federal bureau of investigation.

The information provided by an applicant in connection with the application for a license or permit under this ordinance shall be maintained in confidence by the Director, subject only to the public record laws of the State of Arizona.

If the Director fails to do so, the license shall be deemed granted. Within thirty days after issuance of a temporary permit, the Director shall mail to the applicant a regular permit or a notice of intent to deny.

If the Director fails to do so, the permit shall be deemed granted. For purposes of this paragraph, a person required to submit information pursuant to section 6 c shall be deemed an applicant.

The 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.

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 produced by the manager for inspection upon request by a law enforcement officer or other authorized county official.

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 county official during regular business hours.

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 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 barrier or railing the top of which is at least three feet above floor level.

A provider or patron may not extend any part of his or her body over or beyond the barrier or railing. 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.

The manager shall wear his or her identification card in the manner described in paragraph h above. The manager shall wear his or her identification card in the manner described in section 13 h above.

The manager shall permit law enforcement officers or other authorized county officials to inspect the premises upon request during regular business hours.

The 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.

The Director shall revoke a license or permit issued pursuant to this ordinance if the licensee or permittee:. SECTION The notification shall be by certified mail to the address on file with the Director.

Within ten working days of receipt of such notice, the respondent may provide to the 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 Director in the time stated, the notification shall be the final 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 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 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 nor more than thirty working days after receipt by the 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 Director.

If more than forty five days elapse between receipt by the 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 permit, the permittee or licensee may continue to function under the 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. Final administrative action to deny, revoke or non-renew a license or permit may be appealed to the Superior Court by special action or other available procedure within thirty five days after receipt of written notice of the decision.

The County shall consent to expedited hearing and disposition. If a permittee or licensee pursues a judicial appeal from a final administrative action, that permittee or licensee may continue to function under the license or permit pending completion of judicial review.

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 Director not less than forty five days before the expiration of the license.

An application for permit renewal shall be received by the Director before expiration of the permit. The license fee will be refunded if the license is denied.

An application for renewal shall be accompanied by the amount of the license fee. A license or permit required by this ordinance is in addition to any other licenses or permits required by the County or the State to engage in the business or occupation.

Persons engaging in activities described in this ordinance shall comply with all other ordinances and laws, including the County Zoning Ordinance, as may be required, to engage in a business or profession.

With respect to a violation that is continuous in nature, each day that the violation continues shall constitute a separate offense.

This ordinance shall apply to all persons engaging in the activities described herein, whether or not such activities were commenced prior to the effective date of this ordinance.

Persons so engaged as of the effective date of this ordinance shall be in full compliance with this ordinance, including receipt of any required license or permit, within one hundred eighty days after the effective date of this ordinance.

Each section and each provision or requirement of any section of this ordinance shall be deemed severable and the invalidity of any portion of this ordinance shall not affect the validity or enforceability of any other portion.

Adult-oriented business means "adult arcades, adult bookstores or adult video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, [and] massage establishments that offer adult service or nude model studios.

Each of these terms are in turn defined under the ordinance. The day period the district court refers to is to be found in section 24, which states that pre-existing businesses "shall be in full compliance with this ordinance, including receipt of any required license or permit, within one hundred eighty days after the effective date" of the ordinance.

Section 5 provides that "a person or enterprise may not conduct an adult oriented business without first obtaining an adult oriented business license These two requirements were first set forth by the Supreme Court in Freedman v.

Maryland , U. Freedman also held that the government bore the burden of going to court in order to justify the licensing scheme.

The parties have filed supplemental briefs on the effect of City of Littleton. Dream Palace, in its brief, acknowledges that its original argument relying on Baby Tam I is now without merit.

This presumption applies to facial challenges to licensing ordinances City of Littleton , S. License applicants may still bring an as-applied challenge to argue that a state is failing to provide adequate judicial review.

If, for example, as we suggest below, an ordinary lawsuit or declaratory action would lie to contest a license denial, then a Superior Court might have discretion to dismiss a special action on that ground — but then by hypothesis the plaintiff would have constitutionally adequate judicial review through one of those procedural routes.

The fact that a denied applicant can seek review other than through a discretionary writ distinguishes this case from Deja Vu of Nashville, Inc.

In Deja Vu , the Sixth Circuit held that a licensing ordinance that required an applicant to seek judicial review, if at all, via a discretionary writ unconstitutionally failed to guarantee a final judicial adjudication on the merits.

Special action review also extends to the questions 1 " [w]hether the defendant has failed to exercise discretion which he has a duty to exercise"; 2 " [w]hether the defendant has proceeded or is threatening to proceed without or in excess of jurisdiction or legal authority"; and 3 " [w]hether a determination was arbitrary and capricious or an abuse of discretion.

An adult-oriented business manager is "a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

An adult service provider is "any person who provides an adult service. An adult service is "dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

We note that several other courts have struck down remarkably similar provisions to the one at issue in Kev and at issue in this case.

See, e. Wichita County , F. City of Cumberland , F. See DiMa Corp. Town of Hallie , F. Lingerie, Inc. City of Jacksonville , F. Nichols , F.

Town of Dedham , 43 F. Comm'n on Adult Enter. City of Biloxi , F. In Fair Public Policy , we rejected the contention that Justice Kennedy's separate concurrence in Alameda Books signaled a departure from the traditional Renton analysis.

Nor is the proposition that a new and different approach is required in the wake of his concurrence consistent with the weight of authority in the wake of that decision.

Village of Somerset , F. Gifts D-4, LLC v. City of Littleton , F. City of Spokane , F. Dream Palace argues that section 13 f is overly-broad because it prohibits the provision of "sexually related activities" prior to noon on Sundays, but we rejected this argument in Fair Public Policy.

This argument "confuses the requirement that a regulation serve a substantial government interest with the requirement that it be narrowly tailored to that end.

Lingerie , F. The sort of line-drawing Dream Palace urges us to engage in "is inconsistent with a narrow tailoring requirement that only prohibits regulations that are substantially broader than necessary.

We note also that there is no merit to Dream Palace's contention that the hours of operation restriction is unconstitutionally "underinclusive" because it singles out adult entertainment establishments for "special treatment.

We rejected precisely the same argument in Fair Public Policy , and we do so again. Simply put, the Renton framework is all about singling out adult and erotic entertainment, so long as the government does so for the right reasons.

See also Isbell v. Receive free daily summaries of new opinions from the US Court of Appeals for the Ninth Circuit. Dream Palace, an Arizona Limited Liability Company, Dba Liberty Entertainment Group, Llc; Edmund Archuleta, Jr.

County of Maricopa, a Political Subdivision of the State of Arizona, Defendant-appellee, F. US Court of Appeals for the Ninth Circuit - F.

Before: CANBY, O'SCANNLAIN, and W. FLETCHER, Circuit Judges. Opinion by Judge O'SCANNLAIN; Concurrence by Judge CANBY. O'SCANNLAIN, Circuit Judge.

County Sheriff means the elected County Sheriff or the Sheriff's designee. Title 32, Chapter 7, 8, 13, 14 or 17;.

They offer lap dances but only use them to upsell you to a private room and prefer to skip lap dances in leu of the private room.

They conviently placed an ATM directly outside of the private rooms. Go check out the girls as they are hot but stay out of the private rooms.

Jeffrey B. October 07, 1 Dream Palace. I've been around the world and I've been to a lot of clubs. This place was a POS!

Immediately I was accosted by a tall blond who began to hustle me. I was polite and stated that I wanted to sit on, what they called a "runway" and see a little bit of everyone.

Then the waitress comes over and helps on the hustle saying the exact same thing that I already heard. Everything happens in the VIP! When I get to the back I then get the whole story.

And that was a shady joint! Depending on the "level" on VIP? I'm lost! So the first 15 minutes of my "hour" in "VIP" was trying to understand what kind of sh!

Then I realized I was just screwed and we haven't started yet. She was only naked 6 feet away for the last minutes. I'm not saying don't go, I'm merely saying bring your wallet!

The girls were hot, but they should be working at a nicer place. I will never go back! I can do the same thing at Christies, and save a couple hundred for a real strip club in Vegas!

Rubes M. May 05, 1 Dream Palace. The other two reviews were accurate, for the most part. However, Bob's comment is pretty stupid if I ever heard one.

Come on, that is what each and every topless bar sets out to do. What did you think, the girls are gonna come sit and hang out with you all night, maybe give you a free dance.?.

Get serious Bob, these ladies are working and if your not paying, they're not gonna be interested in you for your looks. Thats like saying "Well yeah I spent bucks tonight but this gilr was really interested in ME" Geez can't understand why she wouldnt give me her phone.

Girls were so-so, beers were cold, dances were expensive October 17, 2 Dream Palace. I went for my bachelorette party, and the girls didn't ask us for one dance, paid no attention to us, and that was on top of the fifteen dollars we had to pay to get in!

This is merely another high pressure rip off joint. The girls only goals are to extract as much money from you in as short a time as possible and to do as little for you as they can get away with.

It doesn't matter how big a tip you give. The service will always remain minimum. Avoid it. Bob S. December 19, 1 Dream Palace.

The ladies they have are ok, just been there once in my 18th birthday. There are better places elsewhere, just like in the west of tempe.

The girls usually wanna give you a lapdance which is highly priced. Ivan Z. October 26, 3 Dream Palace. Login Or Sign Up.

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Küche Geschirrspüler. Paper.Io2 für einen Strandurlaub "Direkt am Meer" "Super Ausblick aufs Meer" "Tollem Blick über die Bucht". Foursquare hilft dir dabei, die perfekten Orte für dich zu finden. Das Blue Dream Palace ist dafür der Pokern Reihenfolge Ausgangspunkt.
Dream Palace Arizona
Dream Palace Arizona
Dream Palace Arizona

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