An adult business license shall be revoked and no new adult business license may be requested by the licensee for any location within the city or by any other person for that same location within a one-year period following revocation if the evidence presented at the hearing on the revocation of the license establishes that one or more of the following conditions exists:
(A) The licensee, his or her employee, agent, partner, director, officer, controlling stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license or permit, or in any report or record required to be filed with the city's police department, county health department, or any other city department or office in connection with the operation of the business;
(B) The licensee, manager or any agent or employee of the licensee or manager has been convicted of a felony in a court of competent jurisdiction in conjunction with or as a result of the operation of the adult business;
(C) The licensee, manager or any employee of the licensee or manager knowingly or with reckless disregard of the requirements of this title allows any minor into the establishment, permits the use of the facilities by a minor, and/or sells to a minor adult materials and/or material harmful to a minor;
(D) The approved adult business has been expanded, or partially or wholly converted to another adult business without the required city approvals and permits;
(E) There have been two suspensions of an adult business license within a twelve month period;
(F) The licensee or manager knowingly or with reckless disregard of the requirements of this code and state and federal law allowed the sale of controlled substances or allowed acts of prostitution on or about the premises;
(G) The licensee or manager continued to operate the adult business during a suspension period of the adult business license;
(H) The licensee or manager has been convicted of a specified criminal act for which the required time period has not yet elapsed;
(I) That on two or more occasions within a 12 month period, a person or persons committed an offense, occurring in or on the licensed premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed;
(J) The licensee or manager is operating more than one adult business in the same building;
(K) The adult business contains one or more private viewing areas as defined herein;
(L) The adult business has failed to provide, inaccurately provided, or failed to keep current approved configuration of the adult business or the location of any adult business in the city in accordance with § 5.08.030(B) of this chapter; or
(M) The licensee, manager or any agent or employee of the licensee or manager of the adult business knowingly or with reckless disregard of the requirements, violates or permits the violation any of the prohibited conduct described in § 5.08.140 of this chapter on three or more occasions within a twelve month period, regardless of whether a suspension or suspensions have been issued for such violations.
(Ord. 2708 § 1, 2004.)