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(A) The City Commission may revoke or suspend a license or permit for any of the following reasons:
(1) A permittee gave false or materially misleading information in the application process;
(2) A permittee has been convicted of using and/or allowing the use of controlled substances on or in the premises of the sexually oriented business;
(3) A permittee or employee of the sexually oriented business has been convicted of prostitution or other activity fostering, promoting, or otherwise facilitating prostitution;
(4) A permittee or employee of the sexually oriented business has been convicted of any crime of a sexual nature or involving sexual conduct or the solicitation thereof;
(5) A permittee has been convicted of knowingly allowing a person under 18 years of age to enter the sexually oriented business;
(6) There has been a transfer of ownership or control of the sexually oriented business without prior approval as required herein; or
(7) The operator or any employee of the operator has violated any provision of this subchapter.
(B) The Commission, before revoking or suspending any permit, shall give the operator at least ten days’ written notice of the charges against him or her, and the opportunity for a public hearing before the City Commission, as hereinafter provided.
(1) Before the City Commission revokes or suspends a license issued herein, the City Commission shall cause written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application, informing the person of the right to a hearing upon request.
(2) If the licensee does not request a hearing within 14 days of the date the notice was sent, the license may be forthwith revoked or suspended. If the licensee requests a hearing before the City Commission regarding the proposed revocation or suspension, the hearing shall be held with 21 days after the date of the written request.
(3) Any license issued by the city may be immediately suspended by the City Manager or duly appointed city official if it is determined that the licensee has violated or someone at or upon the licensed location has violated the city ordinance or state law and that continued operation under the license is contrary to the public health, safety, and welfare. A licensee shall have the right to a hearing before the City Commission on any license suspension by the City Manager, and notice thereof shall be given in accordance with the preceding divisions.
(4) Both the city and the licensee shall be afforded a reasonable opportunity to present evidence on the issue at the hearing.
(Ord. 02-05, passed 8-5-2002)