(A) Suspended licenses. The city may revoke a license if a cause of suspension in § 113.11 occurs and the license has been suspended within the preceding 12 months.
(B) Causes of revocation. The city 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 has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the adult oriented business during a period of time when the licensee's license was suspended;
(6) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 113.07(B)(7), for which a conviction has been obtained, and the person or persons were employees of the adult oriented business at the time the offenses were committed.
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises.
(C) Appeals. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(D) Exceptions. Section 113.07(B)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(E) Granting a license after revocation. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (B)(5) above, an applicant may not be granted another license until the appropriate number of years required has elapsed.
(F) Notice. A revocation by the city shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten day's notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof.
(Prior Code, § 12.2-12) (Ord. 726, passed - -)