An adult-oriented business use permit or performer permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for use permit revocation exist, the Community Development Director/City Engineer 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 by the Planning Commission, 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. Hearings shall be conducted in accordance with procedures established by the Planning Commission, 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. 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. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. The Planning Commission's decision may be appealed in accordance with § 10-7.15.
(B) A permittee may be subject to suspension or revocation of his performance 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-oriented business:
(1) The permittee has 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.
(2) The permittee, employee, agent, partner, director, stockholder, or manager of an adult- oriented 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-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented 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 Cal. Penal Code § 290.
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Cal. Penal Code §§ 315, 316, or 318 or Cal. Penal Code § 647(b).
(e) Any act constituting a violation of provisions in the California 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.
(f) Any conduct prohibited by this chapter.
(3) 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 Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Chief of Police shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six months;
(3) Revocation of the permit.
(Ord. 697 C.S., passed 3-17-99)