(A) The City Clerk shall revoke a license or permit for any of the following reasons:
(1) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application;
(2) The operator, entertainer or any employee of the operator, violates any provision of this chapter or any rule or regulation adopted by the City Council pursuant to this chapter; provided, however, that, in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the City Council shall find that the operator had no actual or constructive knowledge of the violation and could not by the exercise of due diligence have had an actual or constructive knowledge;
(3) The operator or employee becomes ineligible to obtain a license or permit;
(4) Any cost or fee required to be paid by this chapter is not paid;
(5) An operator employs an employee who does not have a permit or provide space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit;
(6) Any intoxicating liquor, cereal malt beverage, narcotic or controlled substance is allowed to be sold or consumed on the licensed premises;
(7) Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult oriented entertainment or adult oriented material;
(8) Any operator, employee or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult oriented entertainment is permitted or to any portion of the licensed premises wherein adult oriented material is displayed or sold;
(9) Any operator allows continuing violations of the rules and regulations of the Cumberland County Health Department;
(10) Any operator fails to maintain the licensed premises in a clean, sanitary and safe condition; and
(11) Any minor is found to be loitering about or frequenting the premises.
(B) The City Clerk, before revoking or suspending any license or permit, shall give the operator or employee at least ten days' written notice of the charges against him or her and the opportunity for a public hearing before the Mayor and City Council, at which time the operator or employee may present evidence bearing upon the question. In those cases, the charges shall be specific and in writing.
(C) The transfer of a license or any interest in a license shall automatically and immediately revoke the license. The transfer of any interest in a non-individual operator's license shall automatically and immediately revoke the license held by the operator. The license shall thereby become null and void.
(D) Any operator or employee whose license or permit is revoked shall not be eligible to receive a license or permit for five years from the date of revocation. No location or premises for which a license has been issued shall be used as an adult oriented establishment for two years from the date of revocation of the license.
(1989 Code, § 9-912) (Ord. 1097, passed 7-18-2006)