A. An adult-entertainment business permit may be suspended or revoked by the city manager in accordance with the procedures and standards of this section. An adult performer permit or figure model permit may be suspended or revoked by the chief of police in accordance with the procedures and standards of this section.
B. The city manager or chief of police shall hold a hearing prior to the suspension or revocation of a permit. On determining that grounds for permit suspension or revocation exist, the city manager or chief of police shall furnish written notice of the proposed suspension or revocation to the permittee. The notice shall set forth the time and place of a public hearing to be held prior to the suspension or revocation, the ground or grounds upon which the proposed suspension or revocation is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing.
C. Adult-Entertainment Business Permit. An adult-entertainment business permit required pursuant to Section 5.06.030 may be suspended or revoked or be subjected to other appropriate disciplinary action, if any of the following causes arises from the acts or omissions of the permittee, or an operator of the adult-entertainment business:
1. The building, structure, equipment or location used by the adult-entertainment business fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements of the city of Sacramento all applicable State and federal requirements of a similar nature that are customarily enforced by the city, and all provisions of these regulations and this code relating to adult-entertainment businesses, including the adult-entertainment business development and operational standards;
2. The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city;
3. The permittee or operator of an adult-entertainment business has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-entertainment business:
a. Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation;
b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur;
c. Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code;
d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316 or 318, or subdivision (b) of Section 647 of the California Penal Code;
e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4.
4. Failure to abide by any disciplinary action previously imposed;
5. Failure to comply with any of the requirements for operation of adult-entertainment businesses set forth in this chapter.
D. Adult Performer and Figure Model Permits. The chief of police may suspend or revoke an adult performer permit or figure model permit for conviction of any of the crimes specified in Section 5.06.110 or for engaging in one of the activities described in Section 5.06.160(C)(3) while on the premises of an adult-entertainment business.
E. After holding the hearing in accordance with the provisions of this section, if the city manager or chief of police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the city manager or chief of police shall impose one of the following:
1. A warning;
2. Conditions upon the permit;
3. Suspension of the permit for a specified period not to exceed six months;
4. Revocation of the permit. (Ord. 2001-040 § 2)