(a) The City shall revoke a Sexually Oriented Business license or Sexually Oriented Business employee license if a cause of suspension under Section 791.13 of this chapter occurs and the license has been suspended two times within the preceding twelve (12) months.
(b) The City shall revoke a Sexually Oriented Business license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) The licensee(s) failed to comply with any requirement stated in the license, pursuant to Section 791.07(g) of this Chapter, to correct specified deficiencies within 120 days;
(3) A licensee has knowingly allowed, or as a result of the licensee’s negligent failure to supervise either the premises of the Sexually Oriented Business or a Sexually Oriented Business Employee has allowed, possession, use, or sale of controlled substances on the premises;
(4) A licensee has knowingly allowed, or as a result of the licensee’s negligent failure to supervise either the premises of the Sexually Oriented Business or a Sexually Oriented Business Employee has allowed, prostitution, solicitation, or the commission of a felony on the premises;
(5) A licensee operated the Sexually Oriented Business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended;
(6) A licensee has knowingly allowed, or as a result of the licensee’s negligent failure to supervise either the premises of the Sexually Oriented Business or a Sexually Oriented Business Employee has allowed, any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
(7) A licensee has been convicted of a specified criminal activity, as defined in Section 791.02, during the term of the license; or
(8) A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due that were assessed or imposed in relation to any business.
(c) The City shall revoke a Sexually Oriented Business employee license if it determines that:
(1) The licensee gave false or misleading information in the material submitted during the application process;
(2) The licensee has acted as an employee on the premises of a Sexually Oriented Business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended: or
(3) The licensee has been convicted of a specified criminal activity, as defined in Section 791.02 during the term of the license.
(d) The Chief of Police shall advise the licensee in writing of the reason(s) for any revocation.
(e) When the City revokes a license, the licensee shall not be issued another license for one (1) year from the date the revocation became effective. If the City finds, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
(Ord. 07-30AC. Passed 5-7-07.)