A. In addition to the grounds set forth for suspension or revocation of a license in subsections 2.1.802A and B of this chapter, the Licensing Officer or hearing officer shall suspend a license for a period not to exceed six (6) months and may revoke a license if the Licensing Officer or hearing officer determines that a licensee or an employee of a licensee has:
1. Violated or is not in compliance with any section of this article.
2. Refused to allow an inspection of the sexually oriented business premises as authorized by this General Licensing Code.
3. Knowingly permitted any unlawful act upon the premises.
B. In determining the action to be taken, the Licensing Officer or hearing officer shall consider the following aggravating and mitigating circumstances:
1. Whether the licensee has been previously suspended or revoked.
2. Whether the licensee was warned that the conduct involved could lead to a suspension or revocation.
3. Whether the cause for suspension or revocation involves one or several violations.
4. Whether the violation(s) are technical or substantive in nature.
5. The extent to which the licensee, licensee's agents and employees, as opposed to patrons, were involved in the violation(s).
6. The extent to which the licensee or licensee's employees had knowledge of the violation(s).
7. Any corrective or remedial action the licensee has taken to prevent similar violation(s) in the future.
8. Whether the violation(s) involved the commission of a crime, and if so, the degree of felony or misdemeanor involved.
9. The extent to which the violation(s) caused personal injuries or property damages.
10. Whether the licensee has paid damages or made restitution to any person or entity damaged by the violation(s).
11. The extent to which the violation(s) posed a significant risk to the health, safety and welfare of persons on or off of the licensed premises.
12. The length of time over which the violation(s) extended.
13. The extent to which the licensee or licensee's employees realized a financial gain from the violation(s).
14. The number of employees, patrons, or both involved in the violation(s).
15. The nature and extent of enforcement action taken by the City or any law enforcement to detect the violation(s).
16. The involvement of any persons under eighteen (18) years of age in the violation(s).
17. The extent to which the licensee or licensee's employees have attempted to cover up the violation(s), destroy evidence or otherwise hinder the investigation and detection of the violation(s).
18. The extent to which the licensee and licensee's employees have acted in good faith. (Ord. 92-159; Ord. 99-17; Ord. 01-42; Ord. 14-79)