(A) The City Commission can revoke or suspend a license or permit for any of the following reasons:
(1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
(2) The operator or any employee of the operator has violated any provision of this chapter or any rule or regulation adopted by the City Commission pursuant to this chapter, provided, however, that in the case of a first offense by an operator where the con-duct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Commission shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
(3) The operator becomes ineligible to obtain a license or permit or the operator is convicted of or pleads nolo contendere to any felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature.
(4) Any cost or fee required to be paid by this chapter is not paid.
(5) Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult entertainment establishment.
(6) The operator fails to maintain a special use permit for the site as required by the zoning ordinance or falls to comply with conditions of the special use permit.
(B) The Commission, before revoking or suspending any license or permit, shall give the operator at least ten day's written notice of the charges against the operator and the opportunity for a public hearing before the City Commission, as hereinafter provided:
(1) Before the City Commission revokes or suspends a license issued herein, the City Commission shall cause written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application, informing such person of the right to a hearing upon request.
(2) If the licensee does not request a hearing within 14 days of the date the notice was sent, the license may be forthwith revoked or suspended. If the licensee requests a hearing before the City Commission regarding the proposed revocation or suspension, the hearing shall be held with 21 days after the date of the written request.
(3) Any license issued by the City may be immediately suspended by the City Manager or duly appointed City official if it is determined that the licensee has violated or someone at or upon the licensed location has violated this chapter or state law and that continued operation under the license is contrary to the public health, safety, and welfare. A licensee shall have the right to a hearing before the City Commission on any license suspension by the City Manager and notice thereof shall be given in accordance with divisions (B)(1) and (2) of this section.
(4) Both the City and the licensee shall be afforded a reasonable opportunity to present evidence on the issue at the hearing. Action taken by the City Commission shall be final and any fees hereunder shall not be refunded to the applicant or licensee.
(C) The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(D) Any operator whose license is revoked shall not be eligible to receive a license for one year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult entertainment establishment for six months from the date of revocation of the license.
(Ord. 413-12-96, passed 12-16-96)