(A) Grounds. Pursuant to the procedures set forth in division (B) below, the County Planning Commission may suspend for not more than 30 days, or revoke, any adult establishment license if the County Planning Commission, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this chapter or the adult establishment license issued pursuant hereto;
(2) The licensee:
(a) Knowingly or negligently furnished false or misleading information or withheld informal document submitted to the county for the issuance or renewal of any adult establishment license; or
(b) Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee’s behalf.
(3) The licensee has committed a felony or specified criminal act on the licensed premises;
(4) The licensee authorizes, approves or, as a result of the licensee’s negligent failure to supervise the licensed premises or the adult entertainment establishment, allows an adult establishment employee, an adult establishment patron or any other person to:
(a) Violate any of the provisions or requirements of this chapter or of the provisions or requirements of the adult establishment license issued pursuant hereto; or
(b) Commit any felony or specified criminal act on the licensed premises.
(5) The licensee, or any person identified pursuant to § 112.21 of this chapter, becomes disqualified for the issuance of an adult establishment license at any time during the term of the license at issue.
(B) Procedure. An adult entertainment establishment license may be suspended for not more than 30 days or revoked pursuant to the terms and conditions set forth in this division (B).
(C) Notice. Upon determining that one or more of the grounds for suspension or revocation under division (A) above may exist, the County Planning Commission shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum:
(1) State that the County Planning Commission has determined that the adult establishment license may be subject to suspension or revocation pursuant to § 112.27(A) of this chapter;
(2) Identify the specific grounds for the County Planning Commission’s determination; and
(3) Set a date for a hearing regarding the County Planning Commission’s determination as to the possibility of suspension or revocation of the adult establishment license. The date of the hearing shall be no less than five days after service of the County Sheriff’s notice, unless an earlier or later date is agreed to by the licensee and the county.
(D) Hearing. The hearing shall be conducted by the County Planning Commission, or, at the County Planning Commission’s direction, by a hearing officer. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the County Planning Commission for suspending or revoking the license and the county and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 112.03 of this chapter shall be made part of the hearing record. Within three days after the close of the hearing, the County Planning Commission shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the County Planning Commission shall be final and shall be subject to judicial review.
(E) Notice and effective pate of suspension or revocation. The County Planning Commission’s written decision shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. Any suspension or revocation, as the case may be, shall take effect on the day that the County Planning Commission’s written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this division (E).
(F) Surrender of license and security. Upon the suspension or revocation of an adult establishment license pursuant to this chapter:
(1) The County Sheriff shall take custody of the suspended or revoked license; and
(2) Such part or all of the bond or other security submitted for the adult entertainment establishment pursuant to § 112.21(B) of this chapter shall be forfeited as the County Planning Commission shall deem necessary to reimburse the county for the costs associated with the proceedings related to the suspension or revocation at issue. Such bond or other security shall be replenished to equal the amount required pursuant to § 112.21(B) of this chapter prior to the issuance of any now adult establishment license for the licensed premises or for the reinstatement of any suspended license.
(Ord. 10 (2006), passed 9-1-2006)