(A) Suspension. The town shall suspend a license for a period not to exceed 30 days if it determines that a license or an employee of a licensee has done any of the following:
(1) Violated or is not in compliance with any section of this chapter;
(2) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(3) Been on the sexually oriented business premises while in an intoxicated or disorderly condition; or
(4) Knowingly permitted gambling by any person on the sexually oriented business premises.
(B) Revocation.
(1) The town 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.
(2) The town shall revoke a license if it determines that any of the following apply:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
(c) A licensee has knowingly allowed prostitution on the premises;
(d) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(e) Except in the case of an adult motel, a licensee or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term SEXUAL CONTACT shall have the same meaning as it is defined in A.R.S. § 13-1401;
(f) A licensee is delinquent in payment to the town, county or state for any taxes or fees past due;
(g) A licensee has been convicted of a SPECIFIED CRIMINAL ACTIVITY; and
(h) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime contained within the definition of SPECIFIED CRIMINAL ACTIVITY, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed.
(C) Length of revocation. When the town revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the town finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license, if at least 90 days have elapsed since the date the revocation became effective.
(Prior Code, Ch. 9, Art. VIII, § 9-709) (Ord. 351-04, passed 9-7-2004)