§ 115.28 SUSPENSION.
   (A)   Violation of building, fire, health, or zoning statute, code, ordinance or regulation. In the event a department learns or finds upon sufficient cause that a licensed adult entertainment establishment is operating in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, contrary to the respective general requirements of § 115.50(A), (B), (C) or (D), the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee falls to correct the violation before the expiration of the seven-day period the department shall notify the City Clerk, who shall forthwith suspend the license, and shall notify the licensee of the suspension. The suspension shall remain in effect until the department which reported the violation notifies the City Clerk in writing that, the violation of the provision in question has been corrected.
   (B)   Illegal transfer. In the event the City Clerk learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to § 115.26, he shall forthwith suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect until the City Clerk is satisfied that the requirements of § 115.26(A) have been met.
   (C)   Convictions for violations of this code.
      (1)   In the event three or more violations of any specified criminal act occur at an adult entertainment establishment within a two-year period, and convictions result from at least three of the violations, the City Clerk shall, upon receiving evidence of the third conviction, suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect for a period of 30 days.
      (2)   In the event one or more violations of any specified criminal act occur at the same establishment within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 30 days under division (C)(1) of this section, but not including any time during which the license was suspended for 30 days, and a conviction results from one or more of the violations, the City Clerk shall, upon receiving evidence of the first conviction, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of 90 days.
      (3)   In the event one or more violations of any specified criminal act occur at the same establishment within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 90 days under division (C)(2) of this section, but not including any time during which the license was suspended for 90 days, and a conviction results from one or more of the violations, the City Clerk shall, upon receiving evidence of the first conviction, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of 180 days.
      (4)   The transfer or renewal of a license pursuant to this code shall not defeat the terms of divisions (C)(1) through (3).
   (D)   Effective date of suspension. All periods of suspension shall begin ten days after the date the City Clerk mails the notice of suspension to the licensee or the date the licensee delivers his license to the City Clerk, whichever happens first.
(Ord. 763, passed 8-24-95)