(A) Before the Board of Commissioners revokes a license issued pursuant to this subchapter, or if the Board of Commissioners determines reasonable grounds exist to deny an application for a license pursuant to this subchapter, the Board of Commissioners shall cause a written notice to be sent by certified mail to the licensee or applicant affected at the address stated in the license or application. The notice shall advise the affected party of a right to appear before the Board of Commissioners, with or without legal counsel, at a stated time and place for the purpose of presenting any evidence relevant to such revocation or denial and for the purpose of hearing all evidence submitted and examining or cross examining any person providing such evidence.
(B) A license issued pursuant to this section shall be revoked by action of the Board of Commissioners if the Board of Commissioners determines that:
(1) The licensee has violated any provision of this subchapter;
(2) The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of: any felony; prostitution or any violation of any law relative to prostitution; any crime involving sexual misconduct; or any offense against public morality and decency as codified in the laws of the United States, this or any other state, including but not limited to convictions of violations of any of the offenses enumerated in G.S. Ch. 14, Arts. 26, 26A and 27 or the same offenses as codified in the laws of any other state;
(3) Any employee or contract personnel of the licensee is convicted of: any felony; prostitution or any violation of any law relative to prostitution; crime involving sexual misconduct; or any offense against public morality and decency as codified in the laws of the United States, this or any other state, including but not limited to convictions of violations of any of the offenses enumerated in G.S. Ch. 14, Arts. 26, 26A and 27 or the same offenses as codified in the laws of any other state, which arises out of or in the course of the business of the licensee;
(4) The licensee has knowingly, willingly or intentionally allowed possession, consumption or sale of alcohol, alcoholic beverages or controlled substances on the premises;
(5) The licensee has knowingly, willingly or intentionally operated a sexually oriented business during a period of time when the licensee's license was suspended for any reason;
(6) The licensee has knowingly, willingly or intentionally allowed prostitution on the premises;
(7) The licensee has knowingly, willingly or intentionally violated State ABC laws;
(8) There has been any violation of any terms, conditions of approval or provisions of the town code.
(C) A license issued pursuant to this subchapter is immediately terminated and of no force and effect if the licensee moves or ceases operating a sexually oriented business at the location stated in the application for license pursuant to § 112.15. For the purposes of this chapter, evidence of the cessation shall include but is not be limited to such factors as termination of water or electrical services for a period of three consecutive months, nonuse of the premises for a period of three consecutive months and any other evidence that the use of the premises as a sexually oriented business has ceased.
(D) When the town revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If subsequent to revocation the town 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.
(E) Upon denial of an application, denial of a renewal of an application or revocation of any license and upon the applicant exhausting all administrative measures and remedies, the applicant or licensee may seek prompt judicial review of such action by the town in any court of competent jurisdiction.
(Ord. 99-02, passed 2-8-99)