(A) The Mayor may suspend a sexually oriented business license for a period not to exceed 30 days upon his/her determination that a licensee, operator or employee has materially violated any part of this chapter. The Mayor shall issue such suspension in writing stating the reasons therefor and shall notify the licensee by certified mail, return receipt requested, addressed to the licensee at his/her business or residence address, or by service by any process server at the usual place of abode of the licensee or at the licensed premises. If a suspension is issued for a correctable violation, the Mayor, within 48 hours of his/her receipt of written notice that the correction has been made, shall terminate such suspension upon verification by inspection. No sexually oriented business shall continue operations while under suspension.
(B) The Mayor shall revoke any license where any of the following occur:
(1) It is discovered that materially false or misleading information or data was given on, or material facts were omitted from, any application for sexually oriented business license.
(2) Any taxes, fees, fines or other penalties relating to the licensed premises or required to be paid by this chapter become more than 30 days delinquent.
(3) A licensee, operator, employee or other person directly involved in the management or control of the sexually oriented business has been convicted of any crime specified in § 122.04(C)(9).
(4) A licensee has had within a one-year period two or more material violations of this section to which the licensee has received written notice.
(5) A licensee has one or more uncorrected material violations of this section pending for over 30 days to which the licensee has received written notice.
(6) A licensee has failed to correct within 30 days any violation for which his/her licensee was suspended pursuant to division (A) of this section.
(7) The license or any interest therein is transferred in any way.
(8) A licensee, operator or employee has knowingly allowed any live performance or conduct featuring any specified sexual activities to occur on the licensed premises.
(9) A licensee, operator or employee has knowingly allowed any illegal activity to occur on the licensed premises including, but not limited to, prostitution, gambling, or the possession, use or sale of controlled substances.
(10) A licensee, operator or employee has knowingly operated the sexually oriented business while the business's license was under suspension.
(C) At least ten days prior to the revocation of any license, the Mayor shall issue such revocation in writing stating the reasons therefor and shall notify the licensee by certified mail, return receipt requested, addressed to the licensee at his/her business or residence address, or by service by any process server at the usual place of abode of the licensee or at the licensed premises.
(D) Subject to § 122.08(F), no sexually oriented business shall continue operations after its license has been revoked, and no new license shall be issued for the same licensee for five years from the date of revocation.
(Ord. 8183-2018, passed 4-2-2018)