(A) The city shall revoke a license if a cause of suspension in § 115.09 occurs and the license has been suspended within the preceding 12 months.
(B) The city shall revoke a license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee has knowingly allowed possession, use;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6) A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due.
(7) Any person or entity presently holding a business license who is found to be in violation of this chapter shall be subject to revocation of said license.
(C) When the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(D) If the city representative determines that grounds exist to deny, suspend or revoke an adult entertainment license, the representative shall notify the applicant or licensee in writing of the city's intent to deny, suspend or revoke, including the grounds therefor. The notice shall be sent to the applicant or licensee by certified mail at the address specified in the application and a copy shall be sent to the City Clerk. Within five business days of receipt of such notice, the applicant or licensee may provide to the city representative, in writing, a response which shall include a statement of reasons why the license should not be denied, suspended or revoked and may include a request for a hearing. A copy shall be sent to the City Clerk. If a response is not timely received by the city representative, the notice shall be a final administrative act of denial, suspension or revocation. If a timely response is received by the city representative, he or she shall, within three business days of his or her receipt of the response, either withdraw the written notice of intent to deny, suspend or revoke by giving notice of such withdrawal to the applicant or licensee or schedule a hearing before the City Council and shall give notice of such hearing to the applicant or licensee. A copy thereof shall be provided to the City Clerk. The hearing shall be informal in nature and shall be conducted within 20 business days of the city representative's receipt of the applicant or licensee's response. The City Council shall issue an oral decision at the conclusion of the hearing and shall render a written decision within five business days after the completion of the hearing and shall serve the applicant or licensee with a copy of the decision by certified mail. The applicant or licensee may appeal a decision of the City Council to the Trigg Circuit Court after receipt of the written notice of the decision. If an applicant or licensee pursues a judicial appeal of a final decision of the City Council, then that licensee or applicant may continue to operate the adult entertainment establishment pending the completion of judicial review.
(E) If any license holder is convicted of three or more violations within the one-year license period then said license shall be revoked and licensee shall be prohibited from applying again for a one-year period from the date of revocation.
(Ord. 04-06, passed 7-6-04)