(A) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension in § 114.09 occurs and the license has been suspended within the preceding 12 months.
(B) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business license if the City Clerk-Treasurer determines that:
(1) The sexually oriented business licensee knowingly gave false or misleading information in the application for the sexually oriented business license;
(2) The sexually oriented business licensee knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) The sexually oriented business licensee knowingly allowed prostitution on the premises;
(4) The sexually oriented business licensee knowingly operated the sexually oriented business during a period of time when the license was suspended; or
(5) The sexually oriented business licensee knowingly allowed any specified sexual activity to occur in or on the licensed premises.
(C) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business employee license if the City Clerk-Treasurer determines that:
(1) The licensee has knowingly given false or misleading information in the application for the sexually oriented business employee license;
(2) The licensee knowingly possessed, consumed or sold controlled substances on the premises;
(3) The licensee knowingly engaged in prostitution on the premises;
(4) The licensee acted as an employee in a sexually oriented business during a period of time when his or her sexually oriented business employee license was suspended; or
(5) The licensee knowingly engaged in any specified sexual activity in or on the licensed premises.
(D) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(E) Nature of revocation. When, after the notice and hearing procedure described in § 114.11, the Hearing Officer revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective, provided that, if the conditions of § 114.11(B) are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the Clerk-Treasurer finds that the basis for the revocation based on division (B)(1) of this section has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (B)(2) through (5) of this section, an applicant may not be granted another license until at least one year has elapsed.
(Ord. 2002-10, passed 8-17-02)