(A) Review for compliance. When the Chief has information that there has been a violation of any provision of this chapter by a licensee or at a licensed premises, or any of the conditions required for the issuance of a license have changed, or that anything on the application for the license may have been untrue or incomplete, then the Chief shall schedule a hearing before the City Council in accordance with the provisions of this section.
(B) Hearing on suspension or revocation. Where a hearing is required under this section, written notice shall be sent to the licensee within five calendar days of the complaint. The date of the hearing shall occur no less than ten and no more than 30 calendar days after written notice has been sent to the licensee that a complaint has been filed with the Chief. The hearing shall be to make findings of fact in the matter.
(1) Notice of such hearing shall be in writing, and shall set forth the reason for the hearing or the complaint against the licensee, and shall be served upon the licensee in person or by registered or certified mail to the address listed in the license application. If the Chief is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the Chief shall cause such notice to be posted at the principal entrance of the sexually oriented business, and such posting shall be a valid means of service.
(2) An applicant, licensee, or complainant shall have full right to be represented by counsel and to produce witnesses and other evidence, and to pose questions to all witnesses who appear before him or her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearings shall be recorded and transcribed as required by law. The City Council may receive evidence relevant to the issues from the applicant or licensee or from other sources.
(C) Decision on alleged violation and notice. The City Council shall issue findings of fact and an order within ten calendar days of the close of the hearing. The court may dismiss the complaint, or suspend or revoke a license previously issued, or renew or refuse to renew a license previously issued. The City Council's order shall be served upon the applicant, licensee or complainant in person or by registered or certified mail to the applicant's, licensees or complainants last known address. If the Chief is not able to serve such order upon the licensee, or applicant, in the manner stated in this division, the Chief shall cause such order to be posted at the principal entrance of the regulated use, and such posting shall be a valid means of service. If the City Council finds and concludes from the evidence that the applicant or licensee has violated any of the provisions listed in this chapter, the court may suspend or revoke the license in accordance with the standards in divisions (D) or (E) below, as the case may be, or in the case of a renewal application, refuse to renew such license, in accordance with the provisions of license renewal.
(D) License to remain in effect. Until a decision has been reached by the City Council in the proceedings under this section, the license of the sexually oriented business shall remain in effect.
(E) Criteria for suspension. Upon a finding by the City Council of a violation of any of the following provisions of this chapter, the sexually oriented business license shall be suspended:
(1) Sexually oriented entertainment taking place in violation of design standards in § 112.05;
(2) Operating with an expired license, in violation of § 112.08(D);
(3) Others occupying a stage, in violation of § 112.11(A)(1);
(4) Entertainment taking place in a cabaret or modeling studio other than on a stage, in violation of § 112.11(A)(2);
(5) Tips collected in violation of § 112.11(A)(3);
(6) Operating a sexually oriented business on Monday through Saturday between the hours of 12:00 a.m. and 8:00 a.m., on Sunday between the hours of 1:00 a.m. and 12:00 p.m. on Sunday, and on Sunday between 12:00 a.m. and 8:00 a.m. on Monday in violation of § 112.11(A)(5);
(7) Allowing overnight parking in the parking area of a sexually oriented business in violation of § 112.11(A)(6);
(8) Establishment license not posted, in violation of § 112.11(B);
(9) Persons under 18 years old on premises, in violation of § 112.11(C);
(10) Entertainer, server or employee nude or semi-nude or in a state of nudity or semi-nudity, in violation of § 112.11(D);
(11) Exterior display of live performances, or media or material depicting specified sexual activities or specified anatomical areas, in violation of § 112.11(E);
(12) Customers in area of the premises which is not permitted, in violation of § 112.11(G);
(13) Manager not on duty during the time the business is open, in violation of § 112.11(H);
(14) Bed, sofa, or mattress in modeling studio, in violation of § 112.11(F);
(15) Sexually oriented motel room occupied two or more times in less than ten hours, in violation of § 112.11(J);
(16) Not maintaining the building's interior or exterior design standards or altering the building's exterior or interior design or premises without written authorization from the Chief, in violation of § 112.11(K); or
(17) Prohibition of inspections by the Chief, in violation of § 112.11(L).
(F) Criteria for revocation. Upon a finding by the City Council of a violation of any of the following provisions of this chapter, the sexually oriented business license shall be revoked:
(1) Operation of a sexually oriented business prohibited under § 112.03(D);
(3) Transfer of ownership in violation of § 112.06(F);
(4) The owner/operator gave false or fraudulent information in the application required under § 112.07 or otherwise acquired the license under false pretenses;
(6) The owner/operator knowingly allowed occurrence of a specified criminal act or specified sexual activity, in violation of § 112.11(F);
(7) Operation of sexually oriented business during a period of suspension imposed under § 112.12; or
(8) A sexually oriented business license shall be revoked automatically upon a finding by the City Council that the license has been suspended at least two times in the preceding 12-month period.
(G) Duration of suspension or revocation. A suspension of a sexually oriented business license shall remain in effect for a period of 60 days, during which time the licensee shall not be issued a license for any other sexually oriented business. A revocation of a sexually oriented business license shall remain in effect for a period of one year, during which time the licensee shall not be issued a license for any other sexually oriented business.
(H) Judicial review. Any license holder aggrieved by the decision of the City Council to suspend or revoke such license under the provisions of this section may seek judicial review in a manner provided by law. The Chief may stay the suspension or revocation of the chapter pending judicial review for a period of not more than 30 calendar days, upon petition of an owner of the sexually oriented business.
(Ord. 13-1094, passed 12-19-2013)