(A) Expiration. Each license shall expire at the end of the calendar year and may be renewed only by making application as provided in § 153.113. Applications for renewal must be made at least 60 days before the expiration date.
(B) Suspension, revocation or non-renewal. The city may revoke, suspend or not renew a license upon recommendation of the City Police Chief that shows that the licensee, its owners, managers, operator, employees, agents or any other interested parties have engaged in any of the following conduct:
(1) Licensee or employees has or have knowingly allowed possession, use or sale of alcohol or controlled substances on the premises;
(2) Fraud, deception or misrepresentation about securing the license;
(3) Knowingly permitted gambling by any person on the adult oriented establishment premises;
(4) Knowingly operated the adult oriented establishment during a period of time when the licensee’s license was suspended;
(5) Demonstrated inability to operate or manage an adult oriented establishment in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers;
(6) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises;
(7) Refused to allow an inspection of the adult oriented establishment premises as authorized by this chapter; or
(8) Conviction of a felony or any offense involving moral turpitude.
(C) Notice. A suspension, revocation or nonrenewal by the city shall be preceded by written notice to the licensee and a public hearing before the City Council. The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed business premises with the person in charge thereof.
(D) Decision. At the conclusion of the hearing the City Council may order that:
(1) The revocation, suspension or nonrenewal be affirmed; or
(2) The revocation, suspension or nonrenewal be lifted, and that the license be returned to the certificate holder.
(E) Appeals. After denial of an application, or denial of renewal of an application or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of the administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(Ord. 42, 2nd Ser., passed 9-3-2002)