A. An Adult-Oriented Business Regulatory Permit or Adult-Oriented Business Employee Permit may be suspended or revoked in accordance with the procedures and standards of this Section.
B. In determining that grounds for permit revocation exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the permittee. Such notices shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual maters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Chief of Police, but at a minimum shall include the following:
1. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness. The Chief of Police’s decision may be appealed in accordance with Section 5.64.080.
C. A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder or manager of an adult-oriented business:
1. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the City;
2. The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation;
b. Use of the establishment as a place where unlawful solicitation for sexual intercourse, sodomy, oral copulation or masturbation openly occur;
c. Any conduct constituting a criminal offense which requires registration under Penal Code Section 290;
d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code Sections 315, 316 or 318 or Subdivision b of Section 647;
e. Any act constituting a violation of provisions in the Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4; or
f. Any conduct prohibited by this Chapter.
3. Failure to abide by any disciplinary action previously imposed by an appropriate City official.
C. After holding the hearing in accordance with the provisions of this Section, if the Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Chief of Police shall impose one (1) of the following:
1. A warning;
2. Suspension of the permit for a specified period not to exceed six (6) months; or
3. Revocation of the permit.
[Ord. No. 332, Subsection 8 of Article 2, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]