(A) The chief of police shall direct the planning director to suspend a license for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee:
(1) Violated or is not in compliance with any section of this chapter.
(2) Is required to register under the Nebraska Sex Offender Registration Act.
(3) Engaged in or permitted consumption of alcoholic beverages on the sexually oriented business premises.
(4) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
(5) Knowingly permitting illegal or criminal activity by any person on the sexually oriented business premises.
(B) Notice of the suspension shall be sent to the licensee’s business address and applicant’s residence address by the planning director via certified mail.
(C) Appeal of the decision of the planning director and the chief of police as to the existence of or noncompliance with the matters set forth in this section shall be made in writing to the city council within ten days of licensee’s receipt of the suspension notice. The hearing will occur within 15 days from the filing of the appeal upon written notice mailed at least ten days prior to the hearing to the business address and applicant residence address as it appears on the application which the licensee is to amend if the residence addresses changes. Hearing will be informal and the rules of evidence shall not apply. At said hearing, the license holder or its representatives may present oral or written evidence in support of the continuance of its license. After the license holder has concluded presenting all of his or her evidence, the city, through its representative, may present oral or written evidence in support of revocation of the license. Licensee may confront and question any witnesses or evidence in opposition to the continuation of its license.
(Ord. 3553, § 1(2.5-10), passed 1-11-2010)