A. Notwithstanding any provision of this chapter to the contrary, the licensing administrator shall revoke a sexually oriented business license if he or she finds that:
1. Any cause of suspension or revocation of the license by reason of violation of any provision of this chapter has occurred;
2. A licensee gave false or misleading information in the material submitted during the application process that tended to enhance such licensee's opportunity for obtaining a license;
3. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances, as defined by the laws of the state of New Mexico, on the licensed premises;
4. A licensee or an employee has knowingly allowed acts of prostitution or negotiations for acts of prostitution on the licensed premises;
5. A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
6. A licensee has been convicted of a felonious criminal act within the immediate past ten (10) years prior to the suspension or revocation;
7. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the licensed premises constituting a specified criminal act 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;
8. A licensee is delinquent in payment to the city for any taxes, fees, fines, or penalties assessed against or imposed upon such licensee in relation to the licensed business;
9. A licensee or an employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises; or
10. The licensee has operated more than one sexually oriented business within the same building, structure, or portion thereof.
B. A licensee is entitled to seek judicial review of the suspension or revocation of a license by filing an appeal to district court within thirty (30) days after notification of suspension or revocation of a license.
C. The fact that a conviction is being appealed shall have no effect on the revocation of the license. (Ord. 695, 12-14-2004)