§ 113.38  SUSPENSION OR REVOCATION OF LICENSE.
   (A)   Any license issued for an adult use may be revoked or suspended by the Board if the Board shall find:
      (1)   The licensee has violated any of the provisions of this chapter regulating adult uses;
      (2)   The licensee has knowingly furnished false or misleading information or withheld relevant information on any application for any license or permit required by this chapter or knowingly caused or suffered another to furnish or withhold the information on his or her behalf; or
      (3)   The applicant has been convicted of or pleaded nolo contendere to any of the criminal offenses listed in § 113.36.
   (B)   The licensee shall be responsible for the acts of his or her agents, servants and employees; provided, however, that, in the case of a first offense by a licensee where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the Board shall find that the licensee had no actual or constructive knowledge of the violation and could not by the exercise of due diligence have had the actual or constructive knowledge.
   (C)   The Board, before revoking or suspending any license, shall give the licensee at least ten days’ written notice of the charges against him or her. The licensee may, within five days of receipt of the notice, request a public hearing before the Board, at which time the licensee may present evidence bearing upon the question. Any notice by the Board may be delivered personally to the licensee or be posted on the premises where the adult use is located.
(Ord. 04-002, passed 2-19-2004)