(A) Revocation grounds. The Director of Community Development shall revoke an adult-oriented business permit when he or she discovers that any of the following have occurred:
(1) The adult-oriented business has been operated in violation of any of the requirements of this chapter, or if the violation is of a noncontinuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the permittee, or if the violation is of a noncontinuous nature two or more additional violations of the same provision, or four or more violations of any other of the provisions of this chapter occur within any 12 month period; or
(2) The application is found to contain incorrect, false or misleading information; or
(3) A court of competent jurisdiction has found the adult-oriented business to constitute a public nuisance.
(B) Revocation notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the revocation to the permittee. Such notice shall summarize the principal reasons for the revocation, and shall state that the permittee may file an appeal of the Director's decision with the City Clerk within 20 calendar days after the date of the notice. Absent a timely appeal, the revocation by the Director of Community Development is final. A timely appeal shall stay the revocation pending final decision by the City Council.
(C) Appeal. Upon receipt of a written appeal and an appeal fee set in an amount to be determined by the City Council, the City Clerk shall schedule a public hearing on the appeal to be heard before the City Council within 30 calendar days of receipt of such request. Notice of the appeal hearing shall be provided as required by Cal. Gov't Code § 65091 and to any other interested party who has requested such notice.
(D) Hearing. At the hearing, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Council's determination shall be based on the same factors as specified in § 121.35 above. The City Council shall not be bound by the traditional rules of evidence, except that hearsay evidence may not be the sole basis for the City Council's determination. Within 10 calendar days of the conclusion of the hearing, the City Council shall rule on the appeal and set forth its decision in writing, along with the reasons therefor. The applicant shall be provided with written notification of the City Council's decision and the reasons therefor within three working days of the City Council's decision. The notice shall specify that the decision of the City Council is final and that any judicial action to challenge the decision must be commenced within 90 days following the date of the decision in accordance with Cal. Civ. Proc. Code § 1094.6.
(E) Notices. Notices shall be delivered by personal service or sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appear on the permit. In addition, the notice of revocation shall be posted at the location of the adult-oriented business.
('65 Code, § 9-3.3008) (Ord. 433-C.S., passed 9-6-94)