(A) The town shall issue a written letter of intent to suspend a sexually oriented business license for a period not to exceed 30 days if it is determined that the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter. The town shall issue a written letter of intent to suspend a sexually oriented employee license if it is determined that the employee has knowingly violated this chapter.
(B) The town shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension as provided in division (A) above occurs and the license has been suspended within the preceding 12 months.
(C) The town shall issue written intent to revoke a sexually oriented business license if the Hearing Officer determines that:
(1) The sexually oriented business licensee has knowingly given false or misleading information in the application for the sexually oriented business license;
(2) The sexually oriented business licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) The sexually oriented business licensee has knowingly allowed prostitution on the premises;
(4) The sexually oriented business licensee has knowingly operated the sexually oriented business during a period of time when the license was suspended; and/or
(5) The sexually oriented business licensee has knowingly allowed any specified sexual activity to occur 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) When, after the notice and hearing procedure described in § 112.09, 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 § 112.09(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 subsection (C)(1) above 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 If the license was revoked under subsections (C)(2), (C)(3), (C)(4) or (C)(5) above, an applicant may not be granted another license until at least one year has elapsed.
(Ord. 1394-7-01, passed 7-3-2001)