A. The Planning Commission may revoke an adult use development permit for an adult business for any of the following reasons:
1. The adult business violates one or more of the conditions imposed upon the issuance of the adult use development permit, fails to conform to the plans and procedures described in the application, or violates the occupant load limits set by the building division;
2. The permit holder fails to obtain or maintain all required City, County and State licenses and permits;
3. The adult use development permit is used to conduct an activity different from that for which it was issued;
4. The permit holder has been untruthful or has misrepresented a material fact in the permit application;
5. Due to changes in on-site conditions, the business lacks sufficient on-site parking for employees and the public as set forth in the City's parking code, unless such parking is legal and a nonconforming use;
6. The building or structure in which the business is conducted is found to be out of compliance with the provisions of the Uniform Building, Uniform Plumbing, or Uniform Fire Codes as adopted by the City, and the permit holder has failed or refused to correct the violation within thirty days of receiving written notification of the violation. This section shall not affect the City's right to prohibit use of the premises for any purpose if the building becomes hazardous to the health and safety of the employees, patrons or general public, under the standards set forth in the Uniform Building, Uniform Plumbing, or Uniform Fire Codes as adopted by the City as the result of fire, flooding, earthquake, rioting, or other emergency;
7. The permitted adult business creates sound levels which violate the noise ordinance of the City;
8. The permit holder fails to comply with conditions concerning provision of security guards to patrol parking lots and the interior of the premises as set forth in this Chapter;
9. The use for which the approval was granted has ceased to exist or has been suspended for six months or more;
10. A patron or worker of the adult business is found guilty of, or pleaded nolo contendere to, a misdemeanor or felony classified by the State as a sex or sex-related offense, and that such offense or alleged offense occurred on the premises of the adult business. If the conduct is that of a patron, revocation must be based upon a finding that the operators of the adult business failed to control the conduct of a patron or assisted the patron in the conduct for which he or she is convicted.
B. Notice of hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the permit holder, shall be provided to the permit holder at least fifteen days prior to the hearing. The permit holder has the burden to supply evidence to justify the continuation of the Adult Use Development Permit for the adult business. The Planning Commission shall not be bound by the formal rules of evidence. The Planning Commission shall revoke, not revoke, or conditionally revoke the permit within thirty (30) days of the revocation hearing. The Planning Commission's decision shall be in writing, shall identify the findings upon which its decision is based, and shall be mailed to the permit applicant and to the property owner via first class mail.
C. Any interested person may appeal the Planning Commission's decision to the City Council in writing within ten days after such written decision. The appeal process shall follow Chapter 15.76 of this code. When a permit is revoked pursuant to this chapter, another adult use development permit for an adult business shall not be granted to the former permit holder within six months after the date of such revocation. (Ord. § 5 (part), 1996).