(a) The Housing and Zoning Inspector shall revoke a license if a cause of suspension in Section 747.09 occurs and the license has been suspended within the proceeding twelve (12) months.
(b) The Housing and Zoning Inspector shall revoke a license if he determines that:
(1) A licensee gave materially false or misleading information in the material submitted during the application process;
(2) A licensee was convicted of a “specified criminal activity” on a charge that was pending prior to the issuance of the license;
(3) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;
(4) A licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises;
(5) A licensee has, with knowledge, permitted prostitution on the premises;
(6) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(7) A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;
(8) A licensee is delinquent in payment to the City or State for any taxes, fees, fines, or penalties relating to the sexually oriented business or the premises thereon;
(9) A licensee has, with knowledge, permitted a person under eighteen (18) years of age to enter or remain in the establishment; or
(10) A licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee of the establishment;
(11) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business.
(c) When the Housing and Zoning Inspector revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a license for one (1) year from the date revocation because effective. A licensee may appeal the revocation of a license in accordance with the procedure set forth in Section 747.11. Notwithstanding any other provision of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation 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.)
(Ord. 107-05. Passed 12-5-05.)