A. The health officer shall revoke a temporary or regular operating permit issued pursuant to this chapter if any of the following occur:
2. An operator of an adult amusement establishment other than the permittee is convicted pursuant to Section 8.56.140 of violating Section 8.56.110, subsections A, B, C, D, E, F, G, H or I with respect to the permitted establishment and such violation occurred at a time when the operating permit for the adult amusement establishment was assigned probationary status pursuant to Section 8.56.075.
3. The health officer notifies the permittee or operator of the permitted adult amusement establishment in writing of a violation of any provision of this chapter and the permittee or operator fails to correct or otherwise abate the violation within five business days of receipt of the notice.
B. Upon determining that revocation of an operating permit is required pursuant to subsection A of this section the health officer shall serve a notice of revocation of operating permit on the permittee by registered mail describing the procedures for appeal available to the permittee pursuant to this chapter. The permittee may, within five days of receipt of notice of revocation, file with the health officer a written notice of appeal of revocation specifically setting forth the grounds of appeal. An appeal of revocation shall occur in the same manner and within the same time periods as prescribed for appeals of denial of an operating permit pursuant to Section 8.56.070 except that the sole basis for the hearing officer to overturn a decision of the health officer to revoke a permit shall be that none of the grounds set forth in subsection A of this section exist.
C. Revocation of an operating permit pursuant to this section shall be effective:
1. Five days from receipt by the permittee of a notice of revocation served pursuant to subsection B of this section if no notice of appeal has been filed with the health officer; or
2. Upon receipt by the permittee of the decision of the hearing officer denying the permittee's appeal.
D. The permittee's right to operate an adult amusement establishment under the authority of the permit shall terminate immediately upon a revocation becoming effective pursuant to subsection C of this section except that the revocation may be stayed by the Superior Court pending a timely appeal of the decision by special action in the manner prescribed by subsection E of Section 8.56.070.
(Ord. 1991-78 § 6 (part), 1991)