(a) Grounds. Pursuant to the procedures set forth in this section, the City Manager, or his or her designee, may suspend for not more than 30 days, or revoke, any sexually oriented business establishment registration if the City Manager, or his or her designee, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The registrant has violated any of the provisions or requirements of this chapter or the sexually oriented business establishment registration issued pursuant hereto, or any provision of the City's Codified Ordinances applicable to the registered premises or the sexually oriented business establishment.
(2) The registrant:
A. Knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City for the issuance or renewal of any sexually oriented business establishment registration; or
B. Knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the registrant's behalf.
(3) The registrant has committed a felony or specified criminal act on the registered premises.
(4) The registrant authorizes, approves, or, as a result of the registrant's negligent failure to supervise the registered premises or the sexually oriented business establishment, allows a sexually oriented business establishment employee, a sexually oriented business establishment patron, or any other person to:
A. Violate any provisions or requirements of this chapter or of the provisions or requirements of the sexually oriented business establishment registration issued pursuant hereto; or
B. Commit any felony or specified criminal act on the registered premises.
(b) Procedure. A sexually oriented business establishment registration may be suspended for not more than 30 days or revoked pursuant to the terms and conditions set forth in this division.
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under division (a) of this section may exist, the City Manager, or his or her designee, shall serve a written notice on the registrant in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the registrant's address as set forth in the registrant's application. The written notice shall, at a minimum:
A. State that the City Manager, or his or her designee, has determined that the sexually oriented business establishment registration may be subject to suspension or revocation pursuant to this chapter;
B. Identify the specific grounds for the determination; and
C. Set a date for a hearing regarding the determination as to the possibility of suspension or revocation of the sexually oriented business establishment registration. The date of the hearing shall be no less than five days after service of the City Manager's, or his or her designee's, notice, unless an earlier or later date is agreed to by the registrant and the City Manager or his or her designee.
(2) Hearing. The hearing shall be conducted by the City Manager, and the hearing body shall be comprised of the City Manager, Personnel Director, and the Finance Director. At the hearing, the registrant may present and submit evidence and witnesses to refute the grounds cited by the City for suspending or revoking the registration and the City and any other persons may submit evidence and witnesses to sustain such grounds. The administrative record compiled on the sexually oriented business establishment pursuant to this chapter shall be made part of the hearing record. Within three City of Pickerington business days after the close of the hearing, the City Manager shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the hearing body may in turn be appealed to the City Council by filing a written notice of appeal with the Clerk of Council within ten City of Pickerington business days after service of notice upon the applicant of the hearing body's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The hearing body may submit a memorandum in response. After reviewing the memoranda and the administrative record, the City Council shall vote to either uphold or overrule the decision. City Council shall rule on the appeal within 30 City of Pickerington business days of its filing.
(3) Notice and effective date of suspension or revocation. The written decision shall be served on the registrant in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the registrant's address as set forth in the registrant's application. Any suspension or revocation, as the case may be, shall take effect on the day that the City Manager's written decision is delivered in person or three City of Pickerington business days after it is placed in the United States mail as provided in this division.
(4) Surrender of registration. Upon the suspension or revocation of a sexually oriented business establishment registration pursuant to this chapter, the City Manager shall take custody of the suspended or revoked registration.
(Ord. 2003-46. Passed 5-20-03.)