(A) The City Clerk shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly or recklessly violates this chapter or has knowingly or recklessly allowed an employee or any other person to violate this chapter and a suspension of the licensee's license has become effective within the previous 12-month period.
(B) The City Clerk shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
(1) The licensee has knowingly given false information in the application for the sexually oriented business license or the sexually oriented business employee license;
(2) The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;
(3) The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
(4) The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked;
(5) The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the sexually oriented business;
(6) The licensee has knowingly or recklessly allowed a person under the age of 21 years to consume alcohol on the premises of the sexually oriented business; or
(7) The licensee has knowingly or recklessly allowed a person under the age of 18 to appear in a state of semi-nudity or nudity on the premises of the sexually oriented business.
(C) The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(D) When, after the notice and hearing procedure described in this chapter, the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.
(E) Notwithstanding § 10.97 of the Code of Ordinances of the City of Metropolis, a sexually oriented business license or a sexually oriented business employee license, as applicable, shall not be revoked except for a reason set forth in divisions (A) or (B) above. The city shall not enforce a revocation of a sexually oriented business license or a sexually oriented business employee license, as applicable, unless the revocation is accomplished in accordance with this section and § 117.10 of this chapter.
(Ord. 2011-02, passed 2-14-2011)