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(a) On determining that grounds for permit suspension or revocation exist, the Director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing 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 days prior to the hearing date. Hearings pursuant to this Section shall be noticed in accordance with Government Code §§ 65091 and 65905 and conducted by the Planning Commission. Hearings pursuant to this Section shall be conducted in accordance with procedures established by the Planning Commission but, at a minimum, shall include the following:
(1) All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.
(2) The Planning Commission shall not be bound by the formal rules of evidence.
(3) Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permittee. Extensions of time or continuances sought by a permittee shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on permit suspensions or revocations.
(4) The Planning Commission’s decision may be appealed in accordance with Chapter 86.08 of this Title.
(b) A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permittee, or an employee, independent contractor, partner, operator or manager of the permittee:
(1) The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this Section relating to adult businesses, including the adult business operating standards contained in Chapter 84.02 and the zoning requirements of Chapter 82.05 of this Title, and all other applicable building, fire, electrical, plumbing, health, environmental performance standards and zoning requirements of the San Bernardino Code.
(2) The permittee has failed to obtain or maintain all required County licenses or permits with respect to the business or the premises.
(3) The permittee has made any false, misleading, or fraudulent statement of material fact in the application for an Adult Business Regulatory Permit.
(4) The permit is being used to conduct an activity different from that for which it was issued.
(5) That an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex-related offenses that occurred in or on the permitted premises within a 12-month period and was employed by, or performing in, the adult business at the time the offenses were committed.
(6) That the use for which the approval was granted has ceased to exist, has been suspended or has not been active for six months or more.
(7) That the transferee/new owner of an adult business or Adult Business Regulatory Permit failed to comply with the requirements of this Chapter.
(8) The permittee, partner, director, operator, or manager 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 business; or a permittee has been convicted of violating any of the following state laws on the premises of the adult 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 openly occur.
(C) Any conduct constituting a criminal offense which requires registration under Penal Code § 290.
(D) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code §§ 315, 316, 318 or subdivision (b) of § 647b.
(E) Any act constituting a violation of provisions in the Penal Code relating to obscene matter or distribution of harmful matter to minors including, but not limited to §§ 311 through 313.4.
(F) Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058.
(G) An act or omission in violation of any of the requirements of this Chapter if such act or omission is with the knowledge, authorization, or approval of the permit holder or is as a result of the permit holder’s negligent supervision of the employees or independent contractors of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.
(c) After holding the hearing in accordance with the provisions of this Section, if the Planning Commission finds and determines that there are grounds for suspension or revocation, the Planning Commission shall impose one of the following:
(1) Suspension of the permit for a specified period not to exceed six months; or
(2) Revocation of the permit.
The written decision shall be hand delivered or overnight mailed to the permittee within five days of the public hearing.
(d) In the event a permit is revoked pursuant to this Section, another Adult Business Regulatory Permit to operate an adult business shall not be granted to the permittee or an entity related to the permittee within 12 months after the date of such revocation.
(Ord. 4239, passed - -2014)