(A) The City Council shall revoke a license if a cause of suspension as described in this chapter occurs and the license has been suspended within the preceding 12 months.
(B) The City Council shall revoke a license if the City Council determines that:
(1) A licensee gave false or misleading information in the materials submitted during the application process;
(2) A licensee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or employer knowingly operates the sexually oriented business during a period of time when the licensee’s license was suspended;
(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 listed in § 119.17, 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) A licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or any sex act to occur in or on the licensed premises. This division shall not apply to an adult motel unless the licensee or employee knowingly allowed any sexual acts to occur either in exchange for money or in a public place or within public view.
(C) After revocation, the licensee shall not be issued a sexual oriented business license for one year from the date revocation became effective. If subsequent to revocation, the City Council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date of revocation became effective. If the license was revoked under division (B)(5) above, an applicant may not be granted another license until the appropriate number of years as required by this chapter have elapsed.
(D) The determination by the City Council as to the existence or noncompliance with the above matters shall be made in an open City Council session after having given the applicant of license holder or its representatives 15 days’ advance written notice of the hearing, of the intent to revoke and the grounds therefor. At the hearing, the license holder or its representatives may present oral or written evidence in support of the continuance of its license and may confront and question any witnesses or evidence in opposition to the continuation of its license.
(Ord. 822, passed 4-26-2005)