(A) The Town Council shall issue a letter of intent to revoke a sexually oriented business resolution license or a sexually oriented business employee license, as applicable, if the resolution licensee knowingly violates this chapter or has knowingly allowed an employee to violate this chapter and the licensee’s resolution license has been suspended within the previous 12-month period.
(B) The Town Council shall issue written intent to revoke a sexually oriented business resolution license or a sexually oriented business employee resolution license, as applicable, if:
(1) The resolution licensee has knowingly given false information in the application for the sexually oriented business resolution license;
(2) The resolution licensee has knowingly or recklessly engaged in or allowed possession, use or sale of controlled substances on the premises;
(3) The resolution licensee has knowingly or recklessly engaged in or allowed prostitution on the premises;
(4) The resolution licensee knowingly or recklessly operated the sexually oriented business during a period of time when the resolution license was finally suspended or revoked; or
(5) The resolution licensee has knowingly or recklessly engaged in or allowed any specified sexual activity to occur in or on the resolution licensed premises.
(C) The fact that any relevant conviction is being appealed shall have no effect on the revocation of the resolution license; provided that, if any conviction which serves as a basis of a resolution license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(D) When, after the notice and hearing procedure described in § 114.11, the Town Council revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business resolution license or sexually oriented business employee license for one year from the date revocation becomes effective.
(Ord. 2011-TO-019, passed 7-18-2011)