SEC. 103.34.1. SUSPENSION OR REVOCATION OF PERMITS ISSUED PURSUANT TO SECTIONS 103.101.1 , 103.102 AND 103.109 .

   (Added by Ord. No. 175,676, Eff. 1/11/04.)

   The Board shall, upon its own motion or upon the verified complaint in writing of any person, suspend or revoke an existing permit issued pursuant to Sections 103.101.1, 103.102, or 103.109, or impose conditions upon the retention of the permit as the Board shall find to be necessary to assure the preservation of the public health and safety, if the evidence presented establishes that:

   1.   The business has been operated in violation of any of the applicable requirements of this article;

   2.   Any of the applicable requirements for issuance of a permit ceases to be satisfied;

   3.   (Amended by Ord. No. 176,066, Eff. 8/8/04.) The permittee, the permittee’s employee, agent, partner, director, officer, or manager has been convicted by final judgment in a court of competent jurisdiction, which judgment has resulted from any trial or plea, including a plea of nolo contendere, of any of the following offenses occurring upon, or relating to the business premises:

   (a)   The presentation, exhibition or performance of an obscene production or play;

   (b)   The distribution of obscene material or material harmful to minors;

   (c)   Sexual abuse, rape, and any offense classified by the State as an offense involving sexual crimes against children;

   (d)   Prostitution or pandering;

   (e)   Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, or the violation of any crime requiring registration under California Penal Code Section 290, or violation of any successor sections;

   (f)   A court has declared the business to be a public nuisance.

   4.   The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or on the business premises, or has knowingly allowed or permitted prostitution, or solicitation of prostitution on the premises; or (Amended by Ord. No. 176,066, Eff. 8/8/04.)

   5.   The permittee, the permittee’s employee, agent, partner, director, officer, or manager has knowingly made any false, misleading, or fraudulent statements of material fact in the application for permit, or in any report or record required to be filed with the Board, or has violated any rule or regulation duly adopted by the Board relating to the business. (Amended by Ord. No. 176,066, Eff. 8/8/04.)

SEC. 103.34.2. JUDICIAL REVIEW OF BOARD ACTION ON APPLICATIONS AND PERMITS SUBJECT TO SECTIONS 103.101.1 , 103.102 AND 103.109 .

   (Amended by Ord. No. 176,066, Eff. 8/8/04.)

   The following applies only to businesses subject to Sections 103.101.1, 103.102 or 103.109:

   A permittee or applicant may, pursuant to California Code of Civil Procedure Section 1094.8, seek judicial review of any Board decision to deny a permit application, to suspend or revoke a permit or deny an annual renewal of a permit. If the decision was based on a violation of Subdivisions 1, 2, 4 or 5 of Section 103.34.1, and an action is timely filed pursuant to Code of Civil Procedure Section 1094.8(d)(3), the Board’s final action is stayed for 75 days from the filing of court action.

SEC. 103.35. DISCIPLINARY ACTION – GROUNDS.

   It shall be a ground for disciplinary action if any permittee, the permittee’s agent or employee or any person connected or associated with the permittee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the permittee has:

   (a)   Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a permit, or in any report or record required to be filed with the Board; or

   (b)   Violated any provision of this article or of any statute relating to the permittee’s permitted activity; or

   (c)   Been convicted of a felony or any crime involving theft, embezzlement or moral turpitude; or

   (d)   Committed any act constituting dishonesty or fraud; or

   (e)   A bad moral character, intemperate habits or a bad reputation for truth honesty or integrity; or

   (f)   Committed any unlawful, false, fraudulent, deception or dangerous act while conducting a permitted business; or

   (g)   Published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the operation of a permitted business; or

   (h)   Violated any rule or regulation adopted by the Board relating to the permittee’s business; or

   (i)   Willfully failed to comply with the terms of any contract made as a part of the exercise of the permitted business; or

   (j)   Conducted the permitted business in a manner contrary to the peace, health, safety, and general welfare of the public; or

   (k)   Demonstrated that the permittee is unfit to be trusted with the privileges granted by such permit; or (Amended by Ord. No. 183,613, Eff. 7/19/15.)

   (l)   Been found to have violated any law involving wages or labor as a violation of the California Labor Code or the Los Angeles Minimum Wage Ordinance, Los Angeles Municipal Code, Article 7, of Chapter XVIII or the Los Angeles Municipal Code, Article 8 of Chapter XVIII. (Added by Ord. No. 183,613, Eff. 7/19/15.)

SEC. 103.36. SUSPENSION OR REVOCATION WITHOUT HEARING.

   (a)   Conviction. If any person holding a permit under this article is convicted in any court of the violation of any law relative to their permit, the Board may revoke said permit forthwith without any further action thereon other than giving notice of revocation to the permittee.

   (b)   Failure to Comply with Order in Regard to Stolen Property. The Board may, without a hearing, suspend or revoke the permit of a permittee who fails to comply with an order of the Board made pursuant to Sec. 103.42.

SEC. 103.37. SUSPENSION OR REVOCATION – EFFECT ON OTHER PERMITS.

   The Board may make any order suspending or revoking the permit of a permittee applicable with equal force and effect to all permits issued to such permittee pursuant to this article.

SEC. 103.38. NEW PERMIT APPLICATION AFTER DENIAL OR REVOCATION.

   When the permit of any person is revoked for cause, no new or other application for a permit from the same person shall be accepted within one year after such revocation. When an application for a permit is denied for cause, no new or other application for a permit from the same person shall be accepted within one year after denial, unless the applicant can show a material change in the applicant’s situation which would justify the issuance of such permit.

SEC. 103.39. CANCELLED OR SUSPENDED PERMIT – JURISDICTION OF THE BOARD.

   (Amended by Ord. No. 137,438, Eff. 11/7/68.)

   The cancellation or suspension of a permit by operation of law, or by order or decision of the Board or a court of law, voluntary withdrawal of the application, or the voluntary surrender of a permit by a permittee shall not deprive the Board of jurisdiction to proceed with any investigation of, or disciplinary proceedings against, such permittee or to render a decision denying, suspending or revoking such permit.