§ 68.10 REVOCATION.

   (A)   The City Clerk is authorized to, and will, revoke a license if a

cause for suspension in § 68.09 occurs and the license has been suspended within the preceding 12 months.

   (B)   The City Clerk is authorized to, and will, revoke a sexually oriented business license if the Chief of Police determines that a business licensee:

      (1)   gave false or misleading information in the material submitted to the city during the application process; or

      (2)   has allowed the possession, use, or sale of controlled substances on the premises; or

      (3)   has allowed prostitution on the premises; or

      (4)   has operated or worked in the sexually oriented business during a period of time when the licensee's license was suspended; or

      (5)   has been convicted of an offense named in § 68.04(A)(7)(a) for which the time period required in § 68.04(A)(7)(a) has not lapsed; or

      (6)   on two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime named in § 68.04 for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed; or

      (7)   has allowed any act of sexual intercourse, masturbation, oral copulation, or sodomy to occur in or on the licensed premises; or

      (8)   is delinquent in payment to the city of ad valorem taxes, sales taxes, or the annual license fee, or any other fee or tax related to the sexually oriented business or other business of the licensee.

   (C)   The fact that a conviction is being appealed shall have no effect on the revocation of the license.

   (D)   Subsection (B)(7) of this section does not apply to adult motels as a ground for revoking the license unless the business licensee or employee allowed the act of sexual intercourse, masturbation, oral copulation, sodomy, or sexual contact to occur in a public place or within public view.

   (E)   When the City Clerk revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business for one year from the date revocation became effective. If, subsequent to revocation, the City Clerk finds that the basis for the revocation has been corrected or abated, the licensee may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under § 68.04(A), an applicant may not be granted another license until the appropriate number of years required under that subsection have elapsed.

(Ord. 97-09, passed 3-17-97) Penalty, see § 68.99