(A) Grounds. Pursuant to the procedures set forth in division (B) of this section, the Adult Use Commissioner may recommend the suspension for not more than 30 days, or the revocation of any adult establishment license if, based on credible and reasonably reliable information and evidence, he or she determines that any 1 or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this chapter or the adult establishment license issued pursuant hereto, or the provisions of the City Zoning Ordinance applicable to the licensed premises or the adult entertainment establishment;
(2) The licensee:
(a) Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any adult establishment license; or
(b) Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee’s behalf.
(3) The licensee has committed a felony or specified criminal act on the licensed premises;
(4) The licensee authorizes, approves, or, as a result of the licensee’s negligent failure to supervise the licensed premises or the adult entertainment establishment, allows an adult establishment employee, an adult establishment patron, or any other person to:
(a) Violate any of the provisions or requirements of this chapter or of the provisions or requirements of the adult establishment license issued pursuant hereto; or
(b) Commit any felony or specified criminal act on the licensed premises.
(B) Procedure. An adult establishment license may be suspended for not more than 30 days, or revoked, pursuant to the terms and conditions set forth in this division.
(1) Notice. Upon determining that 1 or more of the grounds for suspension or revocation under division (A) of this section may exist, the Adult Use Commissioner shall serve a written notice on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum:
(a) State that the Adult Use Commissioner has determined that the adult establishment license may be subject to suspension or revocation pursuant to division (A) of this section;
(b) Identify the specific grounds for the Adult Use Commissioner’s determination; and
(c) Set a date for a hearing regarding the Adult Use Commissioner’s determination as to the possibility of suspension or revocation of the adult establishment license. The date of the hearing shall be no less than 10 days after service of the Adult Use Commissioner’s notice, unless the licensee, the Adult Use Commissioner, and the hearing officer agree to an earlier or later date.
(2) Hearing. The hearing shall be conducted by the hearing officer with the Adult Use Commissioner and members of the Adult Use Commission present. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Adult Use Commissioner for suspending or revoking the license and the city and any other persons may submit evidence to sustain these grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 112.57 of this code shall be made part of the hearing record. Within 5 days after the close of the hearing, the hearing officer shall, having considered the record made at the hearing, render a decision in writing setting forth the reasons for the decision. The action taken by the hearing officer shall be final and shall be subject to judicial review.
(3) Notice and effective date of suspension or revocation. The hearing officer’s written decision shall be posted at the offices of the city and shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. In order to allow an aggrieved licensee an opportunity to obtain judicial review, any such suspension or revocation, as the case may be, shall take effect on the 14th day after the hearing officer’s written decision is delivered in person or on the 17th day after the hearing officer’s written decision is placed in the U.S. mail as provided in this division (B)(3).
(4) Surrender of license. Upon the suspension or revocation of an adult establishment license pursuant to this chapter the Adult Use Commissioner shall take custody of the suspended or revoked license.
(1983 Code, § 13-66) (Ord. 2995, passed 9-9-2002; Am. Ord. 3078, passed 11-4-2004) Penalty, see § 112.99