A. Any permit issued pursuant to the provisions of this Chapter may be revoked by the City on the basis of any of the following:
1. That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the approved plans and procedures described in the application, or which violates the occupant load limits set by the Fire Marshall;
2. That the permittee has failed to obtain or maintain all required City, County, and State licenses and permits;
3. That the permit is being used to conduct an activity different from that for which it was issued;
4. That the permittee has misrepresented a material fact in the application for permit or has not answered each question therein truthfully;
5. That the building or structure in which the adult use is conducted is hazardous to the health or safety of the employees or patrons of the business or of the general public under the standards set forth in the Uniform Building, Uniform Plumbing or Uniform Fire Codes;
6. That a permittee, including an owner, clerk, director, partner, or employee of an adult use, has been convicted of an offense classified by the State as a sex-related offense and less than two (2) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a misdemeanor; or less than five (5) years have elapsed since the date of conviction or the date of release from confinement of conviction, whichever is the later date, if the conviction is a felony; or less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the convictions are two (2) or more misdemeanors or combination of misdemeanor offenses occurring within any twenty-four (24) month period;
7. That an individual employed by the adult use has been convicted of two (2) or more sex-related offenses that occurred in or on the licensed premises within a twelve (12) month period and was an employee of the adult use at the times the offenses were committed; or
8. That the use for which the approval was granted has ceased to exist or has been suspended for six (6) months or more.
B. Written notice of a hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten (10) working days prior to the hearing.
C. The revocation hearing shall be heard by the Planning Commission. The Planning Commission shall not be bound by the formal rules of evidence at the hearing.
D. The Planning Commission shall notice and conduct a public hearing, as prescribed in the Zoning Code, as set forth in Title 17 of this Code, on the proposed permit revocation.
E. The Planning Commission shall revoke, not revoke, or not revoke but add additional conditions to, the permittee's AUDP. Any additional conditions imposed upon the permit shall be in keeping with the objective site development standards for height, bulk, open space, landscaping, signs and off-street parking of this Chapter and the underlying zoning district in which the property is located.
F. The Planning Commission's decision shall be in writing, and shall be hand delivered or overnight mailed to the applicant within five (5) calendar days of the decision.
G. The Planning Commission shall make its decision within thirty (30) calendar days from the conclusion of the public hearing. The Planning Commission's failure to render such a decision within this time frame shall constitute a decision to revoke the AUDP and be automatically appealed to the City Council.
H. Any interested person may appeal the decision of the Planning Commission in writing within ten (10) working days in accordance with the provisions of § 11.13.215.
I. In the event a permit is revoked pursuant to this Chapter, another AUDP to operate an adult use shall not be granted to the permittee within twelve (12) months after the date of such revocation.
('65 Code, § 23-24.12) (Ord. No. 98-006, § 20 (part))