(A) The City shall revoke or shall deny renewal of a sexually oriented business license or employee license if it determines by a preponderance of the evidence that any one of the following has occurred:
(1) a licensee gave false or misleading information in the responses, drawings, or the material submitted during the application process;
(2) a licensee has engaged in or with knowledge permitted any act which violates § 117.26(A), (B), (C), (D), (E),(F), (I), or (J);
(3) a licensee has engaged in or with knowledge permitted the possession, use, or sale of controlled substances on the premises;
(4) a licensee has engaged in or with knowledge permitted the sale, use, possession, or consumption of alcoholic beverages on the premises;
(5) a licensee has engaged in or with knowledge permitted prostitution on the premises;
(6) a licensee has engaged in or with knowledge permitted gambling on the premises;
(7) a licensee has engaged in or with knowledge permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises;
(8) a licensee has with knowledge permitted a person under eighteen (18) years of age to enter the establishment or to remain on the premises;
(9) a licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee of the business;
(10) a licensee has with knowledge permitted another person to possess and use or represent the licensee’s license as his own;
(11) a licensee has engaged in or with knowledge permitted a person or persons to engage in “specified sexual activities” on the premises of the sexually oriented business; provided that this subsection (A)(11) shall not apply to the erotic movements or the erotic touching of one’s own genitals, pubic area, buttocks, anus, or breasts, whether covered or uncovered, by a dancer or performer during the course of a live performance.
(12) a licensee has with knowledge operated the sexually oriented business or has been employed by a sexually oriented business during a period of time when the licensee’s license was suspended.
(13) a cause of suspension in § 117.15 occurs and the license has previously been suspended for any reason within the preceding twelve (12) months.
(14) a licensee failed to construct or establish the premises of the sexually oriented business in accordance with the requirements of § 117.07(C).
(15) a licensee reconstructs or alters a licensed premises after the issuance of a license for the premises, such that the premises does not meet the location restrictions of § 117.04 or such that the premises is physically or structurally not in compliance with one or more provisions of this Chapter 117.
(B) When 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 a sexually oriented business employee license for one year from the date the revocation became effective. No period of any stay pending or during an appeal shall be included within the one year revocation period.
(C) Revocation of a license deemed to have issued for a reason limited to and related to the ineligibility of the applicant or of the premises for a license as set forth within §§ 117.10 or 117.11 shall not constitute a revocation for purposes of the disqualification of a license applicant on grounds that the applicant has had a license revoked within the 12-months preceding the date of an application for license. The purpose of this provision is to prevent a licensee from suffering a detriment arising from the inaction or inability of the City in making or obtaining a prompt determination regarding issuance of a new license.
(Prior Code, Art. 11, § 11.15.16)