(A) Expiration of license. Each license shall expire on the January 1 after it was issued and may be renewed only by making application as provided in § 113.26. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of license will not be affected. If the city denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city finds that the basis for denial of the license has been corrected or abated, the applicant may be granted a license.
(Prior Code, § 7-6-8)
(B) Suspension.
(1) The city may suspend a license for a period not to exceed 30 days if, after a hearing, it determines that a licensee or an employee of a licensee:
(a) Violated or is not in compliance with any section of this chapter;
(b) Refused to allow an inspection of the adult-use business premises as authorized by this chapter; or
(c) Knowingly permitted gambling by any person on the adult-use business premises.
(2) If the licensee or an employee of the licensee has been found guilty in a court of law of a violation of this chapter, no hearing is necessary prior to suspension of the license.
(Prior Code, § 7-6-9)
(C) Revocation.
(1) The city shall revoke a license if a cause of suspension in division (A) above occurs and the license has been suspended within the preceding 12 months or if the licensee is convicted of any specified criminal activity.
(2) The city may revoke a license if it determines, after a hearing, that:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee or management personnel has knowingly allowed possession, use, or sale of alcohol or controlled substances on the premises;
(c) A licensee or management personnel has knowingly allowed prostitution on the premises;
(d) A licensee or management personnel knowingly operated the adult-use business during a period of time when the licensee’s license was suspended;
(d) A licensee or management personnel has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
(e) A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due;
(f) A licensee or management personnel has knowingly facilitated another’s commission of the offense of public indecency; or
(g) The adult use is a public nuisance as defined by statute, ordinance, or case law.
(3) If the city revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult-use business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the factual basis for the revocation did not occur, the applicant may be granted a license.
(4) After denial of an application or denial of a renewal of an application or suspension or a revocation of any license, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
(Prior Code, § 7-6-10)