(A) The Director may refuse to renew any establishment license or may suspend any such license granted under this chapter if the Director finds on the basis of substantial evidence presented at the hearing that a licensee, applicant, owner or operator:
(1) Has knowingly and willfully failed to comply with the restrictions, requirements and conditions herein or with such regulations as may be enacted by the Director pursuant to Section 5 of this chapter; or
(2) Has knowingly and willfully provided false information to gain or to maintain a license, or has willfully failed to keep the information required under Section 3 hereof current; or
(3) Has knowingly and willfully engaged in unlawful conduct which has resulted in the licensed premises being used for or the site of illegal activities, whether under this chapter, state or federal law, by the licensee or its agents, employees or patrons.
(B) At any hearing under the above subsection 4(A) the Director shall consider all relevant evidence pertaining to the substantive charges requiring the hearing including any evidence in mitigation of charges.
(C) When the Director determines to hold a hearing pursuant to this Section 4, he shall serve written notice of the hearing and of the specific matter or charges to be determined. Said notice shall be served upon the licensee or applicant at the address listed for the licensee or applicant in the application at least twenty (20) days in advance of said hearing. Service of notice shall be deemed complete upon certified mailing, return receipt requested, or personal delivery. At the hearing the Director shall afford the licensee or applicant an opportunity to be represented by an attorney, to present evidence, to cross-examine adverse witnesses and otherwise to rebut the evidence presented against the licensee. Within twenty (20) days after the hearing the Director shall publish his findings and shall determine the sanction, if any, to be imposed on the licensee or upon the owner of the licensed premises, which may include suspension of a licensee’s license for a period not to exceed five (5) years. If the licensee’s license is suspended, all persons listed on the application, whether as a partner, director, officer, owner, part owner, operator, or managing partner, may also be suspended from participating in adult entertainment activities for a period not to exceed five (5) years if the Director finds that such persons knew of the violation for which the license is suspended and failed to take steps promptly to cure the violation.
(D) The findings and rulings of any hearing before the Director shall be a final determination of the issues raised and may be appealed to a court of competent jurisdiction, but shall be enforced during the pendency of any such appeal unless otherwise ordered by the court.
(Ord. 15-1987, passed 10-5-87; Am. Ord. 9-1993, passed 12-13-93)