(A) Grounds. Pursuant to the procedures set forth in division (B) of this section, the Adult Use Commissioner may suspend for not more than 30 days, or revoke, any adult establishment license if the Adult Use Commissioner, 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, or the provisions of the city zoning ordinance applicable to the licensed premises or the adult entertainment establishment;
(2) The licensee either knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any adult establishment license, or knowingly or negligently caused or suffered any other person to furnish or withhold the 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 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 commit any felony or specified criminal act on the licensed premises; or
(5) The licensee, or any person identified pursuant to § 114.16(C)(1), (2) or (13) 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).
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under division (A) of this section may exist, the Adult Use Commissioner 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, state that the Adult Use Commissioner has determined that the adult establishment license may be subject to suspension or revocation pursuant to division (A) of this section; identify the specific grounds for the Adult Use Commissioner’s determination; and set a date for a hearing regarding the Adult Use Commissioner’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 Adult Use Commissioner’s notice, unless an earlier or later date is agreed to by the licensee and the Adult Use Commissioner.
(2) Hearing. The hearing shall be conducted by the Adult Use Commissioner. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Adult Use Commissioner for suspending or revoking the license and the city and any other persons may submit evidence to sustain those grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 114.40 shall be made part of the hearing record. Within three days after the close of the hearing, the Adult Use Commissioner 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 Adult Use Commissioner shall be final and shall be subject to judicial review.
(3) Notice and effective date of suspension or revocation. The Adult Use Commissioner’s written decision shall be posted at the office of the Adult Use Commissioner and 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. In order to allow a suspended or revoked licensee an opportunity to obtain judicial review, any suspension or revocation, as the case may be, shall take effect either on the fourteenth day after the Adult Use Commissioner’s written decision is delivered in person; or on the seventeenth day after the Adult Use Commissioner’s written decision is placed in the U.S. mail as provided in this division (B)(3).
(4) Surrender of license and security. Upon the suspension or revocation of an adult establishment license pursuant to this chapter, the Adult Use Commissioner shall take custody of the suspended or revoked license; and that part or all of the bond or other security submitted for the adult entertainment establishment pursuant to § 114.16(B)(2) shall be forfeited as the Adult Use Commissioner shall deem necessary to reimburse the city for the costs associated with the proceedings related to the suspension or revocation at issue. The bond or other security shall be replenished to equal the amount required pursuant to § 114.16(B)(2) prior to the issuance of any new adult establishment license for the licensed premises or for the reinstatement of any suspended license.
(1990 Code, § 14-217) (Ord. 98-1860, passed 10-30-1998; Ord. 2002-2060, passed 8-5-2002)