Nearly three dozen citations given to exotic dancers at the Candy Store last week have been dismissed after Tucson police determined they should not have been issued.
The citations were issued to 32 dancers. Tucson Police Department officers were at the topless club Thursday to ensure there were no violations of city code, said Sgt. Fabian Pacheco, a police spokesman.
The dancers were cited for not having an adult-entertainment-employee license. However, only exotic dancers at fully nude clubs — which the Candy Store, in the 1100 block of South Craycroft Road, is not — are required to obtain that type of license, City Attorney Mike Rankin said.
"Basically, the law did not apply to those employees, so the citations are going to have to be dismissed," Pacheco said.
Candy Store manager Steve Carringer called the incident "unfortunate."
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"I think it was a misinterpretation on their part, but I'm glad it got resolved as quickly as it did," Carringer said.
Carringer said his business has a good working relationship with the Police Department.
The license required for fully nude dancers costs $100. It is valid for only one year, and the renewal fee is $40. Employees not in direct contact with the public, such as janitorial or maintenance workers, are exempt.
The applications are submitted to the city's director of finance, who refers each application to the chief of police for a background check and approval, according to city code.
The chief is not the person in charge of reviewing the applications, Pacheco said. Another person in the department is designated. A license will be denied if the person is under 18, has made any false statements in the application or has been convicted of certain sexual offenses.
In Phoenix, both topless and fully nude dancers are required to be licensed. The cost is $28. The requirements are the same for both types of dancers with the exception of age — fully nude dancers must be at least 18 years old, while topless dancers must be at least 19.
Dancers in Phoenix will be denied a license if they have been convicted of prostitution or have had a license revoked in the last five years, according to the Phoenix City Clerk License Services section.
License to dance
Nude exotic dancers must be at least 18 years old. They are in violation of the Tucson city code if they offer or do any of the following:
• Perform a private show unclothed without a solid, transparent partition separating them from the patron.
• Have sexual contact with any person on the premises.
• Perform real or simulated sexual acts.
• Have contact with sex toys while being viewed by anyone on the premises.
• Touch themselves or other employees provocatively.
Regulations for topless dancers:
• Exotic dancers must be age 19 or older.
• Dancers are prohibited from performing sexual acts.
• Dancers may not expose private parts below the waist.
• Groping, caressing and fondling are prohibited.
Source: Arizona Department of Liquor Licenses and Control
