(A) The City Council may revoke a sexually-oriented business license if a cause of suspension set forth in § 4-8-20 of this chapter occurs and the same sexually-oriented business license has been suspended within the preceding 12 months or, if any owner, operator, employee or entertainer is convicted of any of the aforementioned criminal activity.
(B) The City Council may revoke a sexually- oriented business license if it determines that an owner, operator, employee or entertainer of the sexually-oriented business:
(1) Gave false or misleading information in the material submitted during the application process;
(2) Has knowingly allowed the possession, use or sale of a controlled substance on or about the premises constituting the sexually-oriented business;
(3) Has knowingly allowed the possession, use or sale of any alcoholic beverage, beer or wine on or about the premises constituting the sexually- oriented business;
(4) Has knowingly allowed prostitution on the premises constituting the sexually-oriented business;
(5) Knowingly operated the sexually- oriented business during a period of time when the sexually-oriented business’s license was suspended;
(6) Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the premises constituting the sexually-oriented business;
(7) Is delinquent in the payment of any city, county, state or federal taxes, of any nature, or fees past due; and/or
(8) Has knowingly or intentionally facilitated another in the commission of any criminal act or violation of this chapter.
(C) When the City Council revokes a license to operate a sexually-oriented business, the revocation shall continue for one year. No applicant, owner, operator, employee or entertainer of the sexually- oriented business whose license was revoked shall be issued a sexually-oriented business license for one year from the date the revocation became effective. If, however, subsequent to revocation, the City Council finds that the factual basis for the revocation did not occur, the revoked license shall be reinstated.
(D) After denial of an application or denial of a renewal of an application, or suspension or revocation of any sexually-oriented business license, any applicant or owner may seek prompt judicial review of such action in any court of competent jurisdiction.
(Ord. C-439, passed 10-3-2006)