Subd. 1. Suspended licenses. The city may revoke a license if a cause of suspension in § 15.11 occurs and the license has been suspended within the preceding 12 months.
Subd. 2. Causes of revocation. The city shall revoke a license if it determines that:
A. A licensee gave false or misleading information in the material submitted to the city during the application process;
B. A licensee or an employee knowingly operated the adult-oriented business during a period of time when the licensee’s license was suspended;
D. On two or more occasions within a 12-month period, a person or person committed an offense occurring in or on the licensed premises of a crime listed in § 15.12, Subdivision 2) for which a conviction has been obtained, and the person or persons were employees of the adult-oriented business at the time the offenses were committed.
E. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the license premises.
F. The license fee required by this chapter has not been paid.
G. An applicant has been convicted of a crime involving any of the following offenses:
1. Any sex crimes as defined by M.S. §§ 609.293 through 609.352, as they may be amended from time to time, inclusive or as defined by any ordinance or statute in conformity therewith;
2. Any obscenity crime as defined by M.S. §§ 617.23 through 617.299 inclusive, as they may be amended from time to time, or as defined by any ordinance or statute in conformity therewith;
For which:
a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense.
b. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or
c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the conviction is of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
Subd. 3. Appeals. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
Subd. 4. Exceptions. Section 15.12, Subdivision 2E does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
Subd. 5. Granting a license after revocation. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult-oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days has elapsed since the date the revocation became effective. If the license was revoked under § 15.12, Subdivision 2G, an applicant may not be granted another license until the appropriate number of years required under § 15.12, Subdivision 2G has elapsed.
Subd. 6. Notice. A revocation by the city shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten-days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof.
(Ord. 481, Second Series, passed 8-5-02) Penalty, see § 1.99