(A) The Director shall revoke or refuse to renew any escort bureau license after notice and hearing as provided herein if the Director determines on the basis of substantial evidence that the licensee, its agent, employee, escort, associate, principal, partner, director, officer, manager or person exercising managerial authority of or on behalf of the licensee has committed one or more of the following acts:
(1) Continued to violate any of the provisions of this chapter after issuance of a cease and desist order, which shall result in revocation of an escort bureau license for 12 months from date of the issuance of a revocation order in accordance with subsection (B), below; or
(2) Conviction of a specified criminal activity in any court subsequent to the filing of the application for a license, which shall result in the revocation of an escort bureau license from the date of the issuance of a revocation order in accordance with subsection (B), below, for the same time periods as applicable to the revocation of work identification cards for misdemeanor and felony offenses in § 125.04(F); or
(3) Knowingly made any false, misleading or untruthful statements, intentional misrepresentations of a material fact, or concealed material facts in an application for a business license, or report or record required to be filed with the Director. It is presumed any information in an application, report or record is made knowingly if signed by the applicant or authorized agent. Any revocation made pursuant to this subsection shall be for 12 months from the date of the issuance of a revocation order in accordance with subsection (B), below; or
(4) Committed any act, other than as provided in subsection (A)(2), above, which is included within the definition of a sexually oriented escort bureau, and which shall result in revocation of an escort bureau license for two years from the date of the issuance of a revocation order in accordance with subsection (B), below; or
(5) Conducted the escort bureau in any manner which would be grounds for denial as stated in § 125.05(J)(6) or (7), which shall result in revocation of an escort bureau license for 12 months from the date of the issuance a revocation order in accordance with subsection (B), below; or
(6) Conducted or advertised an escort business under an unlicensed fictitious name, or at unlicensed address, which shall result in revocation of an escort bureau license for 12 months from date of the issuance of a revocation order in accordance with subsection (B), below; or
(7) Published, uttered, disseminated, or conveyed, either publicly or privately, to an individual any false, deceptive or misleading statements or advertisements in connection with the operation of a business licensed hereunder, which shall result in revocation of an escort bureau license for 12 months from date of the issuance of a revocation order in accordance with subsection (B), below; or
(8) Maintained an escort business in a structure or building which does not have a valid certificate of occupancy, a current certificate from the State Fire Marshal, or other fire marshal having authority to enforce fire codes within that fire district, that all applicable fire regulations have been met and a letter of compliance issued by the zoning administrator of the Metro Government or his or her designee. Any revocation of an escort bureau license in accordance with subsection (B), below, shall be indefinite until such time as the licensee has fully complied with the provisions of this subsection; or
(9) Failed to register with the Louisville/Jefferson County Metro Revenue Commission or be in compliance with the Occupational License Fee laws, which shall result in revocation of an escort bureau in accordance with subsection (B), below, indefinitely until such time as the licensee has fully complied with the provisions of this subsection; or
(10) Committed any act constituting dishonesty or fraud, or committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting business or conducted or maintained the business in any manner contrary to the laws of the Metro Government or the Commonwealth of Kentucky other than acts described in subsection (A)(2), above, which shall result in revocation of an escort bureau license for 12 months from the date of the issuance of a revocation order in accordance with subsection (B), below; or
(11) Otherwise violated any provisions of this chapter not mentioned in the aforementioned subsections (1) through (10), which shall result in revocation of an escort bureau license for 12 months from the date of the issuance of a revocation order in accordance with subsection (B), below; or
(12) Employed an escort not licensed with the escort bureau, which shall result in revocation of an escort bureau license for 24 months from the date of the issuance of a revocation order in accordance with subsection (B), below.
(B) When the Director determines to hold a hearing pursuant to this section, he or she shall serve written notice of the hearing and of the specific matter or violations to be determined. Said notice shall be served upon the licensee or applicant at the address listed for the licensee or applicant in the application at least 20 days in advance of said hearing. Service of notice shall be deemed complete upon certified mailing, return receipt requested, or personal delivery by the Director's authorized agent. At the hearing, the Director shall afford the licensee or applicant an opportunity to be represented by counsel, to present evidence, to cross-examine witnesses and otherwise to rebut the evidence presented against the licensee. Within ten days after the hearing, the Director shall issue his or her findings and shall determine the sanction, if any, to be imposed on the licensee, including revocation of the license.
(C) The findings and rulings of any hearing before the Director shall be a final determination of the issues raised and may be appealed to or challenged in a court of competent jurisdiction, but shall be enforced during the pendency of any such appeal unless otherwise ordered by a court of competent jurisdiction.
(D) For purposes of this section, the revocation of an escort bureau license shall include all escort bureau licenses in which there is a majority of common ownership, common management, centralized control and interrelation of operations.
(1994 Jeff. Code, § 125.10) (Jeff. Ord. 8-1996, adopted and effective 2-27-1996; Lou. Metro Am. Ord. No. 92-2004, approved 7-1-2004) Penalty, see § 125.99