747.09 SUSPENSION.
   The Housing and Zoning Inspector shall suspend a license for a period not to exceed thirty(30) days if he determines that licensee or an employee of licensee has:
   (a)   Violated or is not in compliance with any section of this chapter;
   (b)   Operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances;
   (c)   Refused to allow prompt inspection of the sexually oriented business premises as authorized by this chapter;
   (d)   With knowledge, permitted gambling by any person on the sexually oriented business premises.
   A licensee may appeal the revocation of a license to the City Council in accordance with the procedure set forth in Section 747.11. Notwithstanding any other provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in Section 747.11. (See Nightclubs, Inc. v. City of Paducah, 2000 WL 122184 at 5 (6th Cir. 2000); 4805 Convoy, Inc., v. City of San Diego, 183 F.3d 1108, 1114 (9th Cir. 1999)).
(Ord. 107-05. Passed 12-5-05.)