An adult entertainment business regulatory permit or adult entertainment business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for permit revocation exists the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearing shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:
1. All parties involved shall have a right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross examine witnesses;
2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs;
3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness; and
4. The Police Chief’s decision may be appealed in accordance with § 10-6-12 of this chapter.
(B) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder or manager of an adult entertainment business:
1. In the case of a permittee of an adult entertainment business regulatory permit only, the building, structure, equipment or location used by the adult entertainment business fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements of this code, all applicable state and federal requirements of a similar nature which are customarily enforced by the city, and all provisions of these regulations and this code relating to adult entertainment businesses, including the adult entertainment business development and performance standards contained in section 10-6-18 of this chapter;
2. The permittee knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city;
3. The permittee, employee, agent, partner, director, stockholder or manager of an adult entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult entertainment business, or in the case of an adult entertainment business performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation;
(b) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur;
(c) Any conduct constituting a criminal offense which requires registration under the Cal. Penal Code § 290;
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of the Cal. Penal Code §§ 315, 316, 318 or 647(b);
(e) Any act constituting a violation of provisions in the Cal. Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Cal. Penal Code §§ 311 through 313.4; and
(f) Any conduct prohibited by this chapter.
4. Failure to abide by any disciplinary action previously imposed by an appropriate city official.
(C) After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:
1. A warning;
2. Suspension of the permit for a specified period not to exceed six months; or
3. Revocation of the permit.
(Ord. 493, passed 4-18-2000)