(A) The City Administrator may revoke a license preceded by written notice and an opportunity to be heard if a cause of suspension under § 114.21 occurs and the license has been suspended within the preceding 12 months.
(B) The City Administrator may revoke a license if the City Administrator determines that:
(1) A licensee gave false or misleading information to the city during the application process;
(2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the sexually oriented use business during a period of time when the licensee’s license was suspended;
(6) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 114.16(K)(1), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented use business at the time the offenses were committed;
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term SEXUAL CONTACT shall have the meaning as it is defined in M.S. § 609.341, Subd. 11(b); or
(8) A licensee is delinquent in payment to the city of ad valorem taxes, local lodging tax, or other taxes or fees related to the sexually oriented use business.
(C) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(D) Division (B)(7) of this section does not apply to sexually oriented motels as a grounds for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(E) When the City Administrator revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented use business license for one year from the date revocation became effective. If, subsequent to revocation, the City Administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under § 114.16(K)(1), an applicant may not be granted another license until the appropriate number of years required under § 114.16(K)(2) have elapsed.
(Ord. 114, passed 2-28-05) Penalty, see § 114.99