The Mayor or designee shall suspend a license when he or she or designee determines that any one of the following has occurred:
(A) Definition. For purposes of this section, the term VIOLATION shall mean an incident having occurred at, or by, an adult entertainment establishment or sexually-oriented business which is prohibited by the provisions of this chapter or made unlawful by F.S. Chs. 561, 562, 563, 564, 565, 775.21, 794, 796, 800, 826, 827, 847, 893 or 895, or an analogous federal statute.
(B) Inspection of records and premises. In the event that the Mayor or his or her designee determines that the licensee or an operator at or of the licensee has refused to allow any inspection of records or premises as required by this chapter, the Mayor or his or her designee may suspend the license for a period not to exceed 30 days.
(C) Illegal activity/suspension.
(1) In the event three or more violations occur within a two-year period, and convictions result from at least three of the violations, the Mayor or his or her designee shall, upon the date of the third conviction, notify the licensee that the license shall be suspended for a period of 30 days unless good cause is shown in accordance with this chapter, that the violations have not occurred. For purposes of calculating this two-year period, the two-year period shall be deemed to be those 24 months occurring immediately prior to the violation occurrence date for which the 30-day suspension is sought.
(2) In the event one or more violations occur within a two-year period from the date of the last violation occurrence date from which the conviction resulted in a 30-day suspension pursuant to division (C)(1) above, but not including any time during which the license was effectively suspended, and a conviction results from one or more of the violations, the Mayor or his or her designee shall, upon the date of the latest conviction, provide notice to the licensee that the license shall be suspended for a period of 90 days unless good cause is shown in accordance with this chapter that the violation has not occurred.
(3) In the event one or more violations occur within a two-year period from the date of the last violation occurrence date from which the conviction resulted in a 90-day suspension pursuant to division (C)(2) above, but not including any time during which the license was effectively suspended, and a conviction results from one or more of the violations, the Mayor or his or her designee shall, upon the date of the latest conviction, provide notice to the licensee that the license shall be suspended for a period of 180 days unless good cause is shown in accordance with this chapter that the violation has not occurred.
(D) Revocation. The Mayor or his or her designee shall revoke a license when he or she or designee determines that any one of the following has occurred.
(1) There has been one or more violations that have occurred within a two-year period from the date the last violation occurrence date from which the conviction resulted in a 180-day suspension pursuant to division (C)(3) above, but not including any time during which the license was effectively suspended, and a conviction results from one or more of the violations, the Mayor or his or her designee shall, upon the date of the latest conviction, provide notice to the licensee that the license shall be revoked unless good cause is shown in accordance with this part that the violation has not occurred.
(2) The licensee or any person on its or his or her behalf or any person listed on the application pursuant to § 113.025 of this chapter gave false or misleading information in the material submitted during the application process.
(3) The licensee or any person on its or his or her behalf or any person listed on the application pursuant to § 113.025 of this chapter has knowingly allowed possession, use or sale of controlled substances on the premises of the establishment or business or when with a customer.
(4) The licensee or any person on its or his or her behalf or any person listed on the application pursuant to § 113.025 of this chapter has knowingly allowed prostitution on the premises of the establishment or business or when with a customer.
(5) The licensee or any person on its or his or her behalf or any person listed on the application pursuant to § 113.025 of this chapter knowingly operated the adult entertainment establishment or sexually-oriented business during a period when the licensee’s license was suspended.
(6) Except in the case of an adult motel, the licensee or any person on its or his or her behalf or any person listed on the application pursuant to § 113.025 of this chapter has knowingly allowed any specified sexual activities to occur on the premises of the establishment or business.
(E) Effective dates of suspensions and revocations.
(1) Except as otherwise provided in this chapter, all periods of suspension and revocation shall become effective 15 days after the Mayor or his or her designee posts the notice of suspension or revocation at the licensee’s establishment, or on the date that the licensee turns in his, her or its license, whichever happens first.
(2) The suspension or revocation shall be abated in the event that the licensee files a timely challenge to the suspension or revocation in accordance with the procedures set forth in this chapter or upon order of a court of competent jurisdiction.
(3) If an adult entertainment establishment or sexually-oriented business license is revoked for the first time, the licensee shall not be issued another adult entertainment establishment or sexually-oriented business license for a period of two years running from the date the revocation actually takes effect after all abatement periods have lapsed.
(4) If an adult entertainment establishment or sexually-oriented business license held by any of the entities or individuals listed in § 113.025 of this chapter is revoked for the second time and the license is held by any one or more of the entities or individuals holding the prior license, the licensee shall not be issued another adult entertainment establishment or sexually-oriented business license for a period of four years running from the date the revocation actually takes effect after all abatement periods have lapsed.
(5) If an adult entertainment establishment or sexually-oriented business license held by any of the entities or individuals listed in § 113.025 of this chapter is revoked for a third time and the license is held by any one or more of the entities or individuals holding the prior license, the licensee shall not be issued another adult entertainment establishment or sexually-oriented business license for a period of six years running from the date the revocation actually takes effect after all abatement periods have lapsed.
(F) Other remedies. Notwithstanding the provisions of this section, the town may pursue any and all other available remedies through any and all other available processes and procedures available to correct violations of town codes. Included within the remedies are the enforcement actions set forth in this chapter, actions in a court of competent jurisdiction for injunctive or other appropriate relief, criminal prosecution, code enforcement proceedings, the issuance of citations, the suspension or revocation of permits relating to health or safety matters, and any and all other remedies available under the laws of the state and the United States.
(Ord. 2007-11, passed 6-26-2007) Penalty, see § 113.999