(a) The city clerk shall conduct a hearing to determine whether or not a license should be suspended or revoked, with the hearing conducted within ten (10) working days of his/her knowledge that:
(1) The owner or operator of an adult establishment or the holder of a license as an entertainer has violated, or knowingly allowed or permitted the violation of any of the provisions of this article; or
(2) There have been recurrent violations of provisions of this article that have occurred under such circumstances that the owner or operator of an adult establishment knew or should have known that such violations were committed; or
(3) The license was obtained through false statements in the application for such license, or renewal thereof; or
(4) The license has been materially altered or defaced or is being or was used by a person other than the license holder or at a location other than that identified on the license or for a use or type other than that for which the license was issued; or
(5) The licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
(6) The owner or operator, or any partner, or any corporate officer or director holding an adult establishment license has become disqualified from having a license by a conviction as provided in this article; or
(7) The holder of an entertainer license has become disqualified from having a license by a conviction as provided in this article.
(b) At the hearing, the licensee shall have an opportunity to be heard, to present evidence and to be represented by an attorney. Based on the evidence produced at the hearing, the city clerk shall take, within five (5) working days after the hearing, any of the following actions:
(1) Suspend the license for up to ninety (90) days; or
(2) Revoke the license; or
(3) Place the license holder on administrative probation or a period of up to one (1) year, on the condition that no further violations of this article occur during the period of probation; or
(4) Take no action.
(c) The city clerk shall provide written notice of his/her decision to the applicant by certified mail, returned receipt requested. The notice shall be sent immediately after the city clerk determines what action to take, as described above.
(d) In the event of suspension or revocation of the license or the placement on administrative probation, the licensee shall have the right to appeal that determination to the Superior Court of McDowell County within thirty (30) days of receipt of the notice of suspension, revocation or probation.
of 7-18-00, § 8)