§ 115.32 LICENSE SUSPENSION; REVOCATION.

   (A)   Causes for suspension. The city may suspend a license for a period not to exceed 30 days if it determines a licensee or an employee of a licensee has:

      (1)   Violated or is not in compliance with any provision of this chapter;

      (2)   Engaged in the use of an alcoholic beverage while on the licensed premises other than at an adult hotel or motel;

      (3)   Refused to allow an inspection of the licensed premises as authorized by this section;

      (4)   Knowingly permitted gambling by any person on licensed premises;

      (5)   Demonstrated inability to operate or manage the business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

   (B)   Revocation. The city may revoke a license if a cause for suspension occurs within 12 months of a prior suspension of the license and shall revoke a license if it determines that:

      (1)   A licensee gave false or misleading information in the material submitted to the city during the application process;

      (2)   A licensee or an employee knowingly allowed possession, use, or sale of controlled substances on the licensed premises;

      (3)   A licensee or an employee knowingly allowed prostitution on the licensed premises;

      (4)   A licensee or an employee knowingly operated the business during a period of time when the licensee’s license was suspended;

      (5)   A licensee has been convicted of a disqualifying offense for which the time period required in §§ 115.25 or 115.26 has not elapsed;

      (6)   On 2 or more occasions in or on the licensed premises and within a 12-month period, a licensee, practitioner, or employee of the business committed a disqualifying offense under § 115.25 for which a conviction has been obtained;

      (7)   A licensee or an employee knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur in or on the licensed premises; provided, that subsection does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the prohibited act to occur in a public place or within public view.

   (C)   Notice and hearing. Before suspending or revoking any license, the City Council shall give the licensee written notice of the charges and of the licensee’s opportunity for a public hearing to be held before the Council at a stated place and time not sooner than 10 days after service of the notice. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof.

   (D)   Effects of revocation.

      (1)   Any licensee or practitioner whose license has been revoked shall not be eligible to receive a license for at least 1 year from the date of the revocation.

      (2)   If the license was revoked for a disqualifying obscenity crime described in § 115.26, an applicant may not be granted another license until the appropriate number of years required under § 115.26 has elapsed.

      (3)   No location or premises for which a license has been revoked may be used as an adult oriented business for 6 months from the date of the revocation.

(Ord. 113, 5th Series, passed 2-20-2001)