.010 The permit holder shall allow officers of the City of Anaheim, and their authorized representatives, to conduct reasonable, unscheduled inspections of the premises of the sex-oriented business, for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied; provided, whenever any City official relies upon this section to gain access to the permit holder's establishment without paying any otherwise applicable admission fee or cover charge, any person employed by the permit holder to collect such admission fees or cover charges, may require such official, before admitting such official to the establishment, to produce identification indicating the official's name, branch of City government by which such official is employed, and the job title such official holds within that branch of City government.
.020 The Planning Director shall revoke a sex-oriented business permit when:
.0201 Any of the applicable requirements contained in Section 18.54.030 ceases to be satisfied, as set forth in paragraph .0206;
.0202 The application is discovered to contain incorrect, false or misleading information;
.0203 The permit holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is classified by the State as an offense involving sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
.0204 If, on two or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection .0203 above, or for violation of paragraph .0520, subparagraphs .01, .04, .05 and/or .06 of subsection 18.54.030.050, as a result of such person's activity on the premises or property on which the sex-oriented business is located, and the person or persons were employees, contractors or agents of the sex-oriented business at the time the offenses were committed;
.0205 If the permit holder or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
.0206 The sex-oriented business has been operated in violation of any of the requirements of this chapter and: (i) if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the owner; or (ii) if the violation is of a noncontinuous nature, two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to owner) within any twelve (12) month period.
.0207 Notwithstanding the foregoing, a permit shall not be revoked for a violation of Section 18.54.030.050.0514, if the accused can show, by clear and convincing evidence, that he or she did not know, and could not reasonably have learned, that the person on the premises was under 18 years of age.
.030 Upon determining that grounds for permit revocation exist, the Planning Director shall furnish written notice of the proposed revocation to the permit holder. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permit holder may request a hearing within fifteen (15) calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex-oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permit holder as that name and address appear on the permit. Within fifteen (15) calendar days after the later of the mailing or posting of the notice, the permit holder may file a request for hearing with the Planning Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Planning Director shall transmit the request to the City Hearing Officer to provide a hearing, as set forth in subsection 18.54.080.040 of this chapter.
.040 The Hearing Officer shall conduct a public hearing upon the proposed revocation of the sex-oriented business permit, within forty-five (45) calendar days of the filing of such request by the permit holder. Notice of said public hearing shall be given in the manner provided for conditional use permits, as set forth in Chapter 18.60 (Procedures) of this Code, except that said public hearing shall be held within forty-five (45) calendar days following the filing of such request by the permit holder, unless the owner, or the owner's authorized representative, expressly agrees to an extension of such period of time. At the hearing, the permit holder and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Hearing Officer.
.050 Within ten (10) calendar days after the hearing, the Hearing Officer shall decide whether the grounds for revocation exist. If grounds for revocation exist, the Hearing Officer shall revoke the permit, specifying in writing the grounds upon which the permit is revoked. Notice of the decision of the Hearing Officer shall be given in writing to the permit holder by certified mail, postage prepaid, and to any other person or entity expressly requesting notice thereof. The decision of the Hearing Officer shall also be immediately transmitted to the Planning Director. The decision of the Hearing Officer shall be deemed final, notwithstanding any other provision of this Code to the contrary.
.060 No application for a sex-oriented business permit shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which a sex-oriented business permit has been revoked within the preceding three (3) year period.
.070 The status quo shall be maintained, pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained, until such time as a judicial decision is rendered from the court in which the action is filed. Notwithstanding the foregoing, if operation of the business constitutes a danger to public health or safety, the city may seek an order from a court of competent jurisdiction authorizing immediate closure of the business. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 §§ 77 - 79; June 5, 2012.)