(A) The County Manager shall revoke a permit if a cause of suspension in § 113.20 occurs and the permit has been suspended previously within the preceding 12 months.
(B) Notwithstanding the provisions of § 113.20 relative to grounds for suspension of permits, the County Manager shall revoke a permit if he determines that:
(1) A permittee gave false or misleading information in the material submitted during the application process.
(2) A permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
(3) A permittee has knowingly allowed prostitution on the premises.
(4) A permittee has knowingly operated the adult establishment during a period of time when the permittee's permit was suspended.
(5) A permittee has knowingly allowed any act of sexual conduct to occur in or on the premises of the adult establishment.
(6) A permittee is delinquent in payment to the county or state of any taxes, fees or fines.
(7) A permittee has knowingly allowed a person under the age of 18 years to enter the premises of the adult establishment. For purposes of this subdivision, a permittee shall be presumed to have known the age of an person under the age of 18 years who enters the premises of the adult establishment unless the attendant or other employee and/or agent of the permittee requested and received identification of such entrant and reasonably relied upon such identification.
(8) There was a change of owner or operator for which a transfer application was not timely filed.
(9) The permittee has been convicted, during the duration of the permit period, of any crime involving sexual misconduct (including but not limited to G.S. §§ 14-177 through 14-202.1 (Chapter 14, Article 26 - Offenses Against Public Morality), G.S. §§ 14-203 through 14-208 (Chapter 14, Article 27 - Prostitution), or of any federal statute relating to prostitution or for any violation of any law or ordinance of any governmental unit concerning or related to adult-oriented business or establishments or the business or profession of massage.
(C) When the County Manager revokes a permit, the revocation shall continue for a period of one year, and the permittee shall not be issued a permit under this chapter during the period of revocation. If, subsequent to revocation but during the period of revocation, the County Manager finds that the basis for the revocation has been corrected or abated, the County Manager may, but is not required to grant a new permit. Provided, however, in the event that revocation is for any of the grounds specified in subdivision (B)(9) of this section, such revocation shall last three years from the date of the conviction upon which the revocation was based.
(D) Upon revocation of a permit by the County Manager, the permittee may appeal the same in accordance with the provisions of § 113.17(E) of this chapter. Provided, however, that during the pendency of any timely appeal before the Board of Commissioners, the permittee shall be allowed to continue operation of the adult establishment.
(Ord. passed 9-22-98)