(A) The Director shall revoke or deny renewal of a license if a cause of suspension in § 115.09 occurs and the license has been suspended within the proceeding 12 months.
(B) The Director may revoke a license if he or she determines by the preponderance of the evidence that any one of the following has occurred:
(1) A licensee gave materially false or misleading information in the material submitted during the application process;
(2) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;
(3) A licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises;
(4) A licensee has, with knowledge, permitted prostitution on the premises;
(5) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(6) A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises;
(7) A licensee has, with knowledge, permitted conduct on the premises in violation of § 115.18.
(8) A licensee is delinquent in payment to the city or state for any taxes, fees, fines, or penalties relating to the sexually oriented business or the premises thereon;
(9) A licensee has, with knowledge, permitted a person under 18 years of age to enter or remain in the establishment; or
(10) A licensee has attempted to sell his or her business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee of the establishment;
(11) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business. This division shall not apply to the erotic movements or the erotic touching of one’s own genitals, pubic region, buttocks, anus, or breasts, whether covered or uncovered, by an employee-entertainer during the course of a live performance;
(12) A licensee fails to construct or reconstructs or alters the premises after issuance of a license for the premises such that the premises is physically or structurally not in compliance with one or more provisions of this chapter;
(13) With regard to a “license deemed to have been issued,” failure to meet any requirement within § 115.04 as applicable. This provision shall not be grounds for revocation unless the brought to the attention of the operator within 60 days of date of the completed application.
(C) When the Director revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective. Notwithstanding the provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in § 115.11.
(Ord. 0-2003-13, passed 10-29-03)