(A) Inspections. All law enforcement and code enforcement officers have the right to enter the premises of an adult business, from time to time during regular business hours, to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this chapter.
(B) Grounds for revocation. The Director may revoke an adult business permit when:
(1) Any of the applicable requirements of this chapter ceases to be satisfied; or
(2) The application is discovered to contain incorrect, false or misleading information; or
(3) An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to, the premises or lot upon which the adult business is located, which offense is one of those listed in § 5.50.060(b)(11); or
(4) On two or more occasions within a 12-month period, any operator, employee, agent or contractor of the owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to, the premises or lot upon which the adult business is located, which offense is one of those listed in § 5.50.060(b)(11); or
(5) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
(6) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or
(7) The adult business has been operated in violation of any of the requirements of this chapter and:
(a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten days following the date written notice of such violation is mailed or delivered to the owner or operator; or
(b) If the violation is of a noncontinuous nature, one or more additional violations of the same provision, or two or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to the owner or operator) within any 12-month period.
(c) Notice of revocation.
1. Upon determining that grounds for permit revocation exist, the Director will furnish written notice of the proposed revocation to the owner.
2. Such notice must summarize the principal reasons for the proposed revocation, and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under § 5.50.120.
3. The notice must be delivered both by posting the notice at the location of the adult business, and by sending the same, by certified mail, to the owner as that name and address appears on the permit.
(Ord. 4496, passed 5-29-07)