(A) (1) The licensee or applicant may request a hearing on the refusal to issue or renew a license or the suspension of a license and such a hearing shall be conducted by the City Council. Such request must be in writing and received by the City Clerk within ten days of the date of the refusal to issue or renew a license or the suspension of a license. Any licensee or applicant whose application for the issuance or renewal of a license was denied prior to 5-21-1993 shall have ten days from 5-31-1993, within which to request the hearing provided for herein. The hearing must take place within 20 days after the request for the hearing is received.
(2) The action by the City Clerk shall be stayed upon receipt of the request for hearing and pending the decision of the City Council. At the hearing, the City Council shall consider all relevant factors including, but not limited to, the following:
(a) The licensee’s or applicant’s failure to comply with the applicable restrictions, requirements and conditions of this chapter and the willfulness of the failure of the individual designated on the licensee’s application to undertake such compliance;
(b) The extent to which such failure to comply has been repeated by the licensee or by the individual designated on the licensee’s application to undertake such compliance;
(c) Any mitigating circumstances which the licensee has shown have made compliance impracticable or impossible;
(d) Whether the licensee has remedied the failure to comply prior to the hearing;
(e) The willfulness of the failure of the owner or operator or the person designated on the licensee’s application to undertake compliance with the disclosure of current information required hereunder;
(f) The extent to which such failure to disclose information required to be kept current hereunder has been repeated;
(g) The length of time such disclosure requirements have been out of compliance;
(h) The number of violations;
(i) The number and frequency of the incidences of the illegal conduct;
(j) Whether the licensee or its agents or employee are found to have had knowledge of the illegal conduct;
(k) Whether the licensee or its agents or employees, by the manner in which the licensee’s business is conducted, is found to have permitted or encouraged such illegal conduct; and/or
(l) The degree to which the licensee’s business is found to have permitted or encouraged such illegal conduct.
(B) The City Clerk shall serve written notice of the hearing and of the specific matter or charges to be determined. The notice shall be served upon the licensee or applicant at the address listed in the application at least seven days in advance of the hearing. Service of the notice shall be deemed complete upon mailing by registered United States mail or upon personal delivery by any person over the age of 18 years. At the hearing, the licensee/applicant shall be afforded an opportunity to employ and be represented by an attorney, to present evidence, to cross-examine adverse witnesses and to otherwise rebut the evidence presented against the licensee/applicant. Within ten days after the hearing, the City Council shall issue its findings and conclusions. If the hearing concerned a refusal to renew a license or the suspension of a license, the City Council shall also determine what sanctions, if any, are to be imposed on the licensee or the owner of the licensee’s premises, including the suspension of the licensee’s license for a period not to exceed five years. If the licensee’s license is suspended, all persons listed on the application, whether as partner, director, officer, owner, part-owner or operator, or managing partner may also be suspended from participating in adult entertainment activities for a period not to exceed five years if the City Council finds that such persons knew or reasonably should have known of the violation for which the license is suspended and failed to take steps promptly to cure the violation.
(Ord. 993-299, passed 5-19-1993)