(a) The City Manager may suspend an operator's license issued under this Chapter upon finding any of the following:
(1) The operator or any officer, director, member or general partner or manager of the operator:
A. Violated any section of this Chapter; or
B. Has been under the influence of alcoholic beverages or controlled substances while working in or on the sexually oriented business premises; or
C. Tolerated or allowed illegal gambling by any person on the sexually oriented business premises; or
D. Engaged in the transfer of a license contrary to Section 707.07(a)(b)(c); or
E. Operated the sexually oriented business in violation of the hours of operation in Section 707.16(a)(3)(4); or
F. Employed a person who does not have a valid permit as required in Section 707.09.
(b) A suspension shall be for a period of no less than thirty (30) days nor more than ninety (90) days.
(c) The City Manager shall revoke an operator's license issued under this Chapter upon finding any of the following:
(1) An Operator's License has been granted based upon false information; or
(2) An operator or manager knowingly allowed possession, use or sale of controlled substances in or on the premises; or
(3) An operator or manager knowingly allowed prostitution on the licensed premises; or
(4) An operator or manager knowingly operated the sexually oriented business during a period of time when the license was suspended; or
(5) A License Holder or any officer, director, member or general partner of the License Holder has been convicted of a specified criminal act for which the time period required in Section 707.04(6)(a) has not elapsed; or
(6) On three or more occasions within a thirty-six (36) month period, the City Manager has suspended the License Holder's license under this Chapter; or
(7) On two or more occasions within a thirty-six (36) month period, a person has been convicted of a specified criminal act on the licensed premise. The fact that a conviction is being appealed shall have no effect on the revocation of the license; or
(8) A License Holder is convicted of tax violations for any taxes or fees related to a sexually oriented business; or
(9) A License Holder or a manager has knowingly allowed any sexual activity, as defined in either Ohio R.C. 2907.01, or in Section 707.02(gg) above to occur on the licensed premises; or
(10) A license holder has failed to comply with Section 707.08 on three or more occasions within a twelve (12) month period.
(d) The revocation of an Operator's License is permanent. The holder of an Operator's License that has been revoked shall not be issued a sexually oriented business Operator's License for any other location in the City during the four (4) year period beginning with the effective date of the revocation.
(e) Appeal. The holder of an operator's license that has been suspended or revoked may appeal as provided in Section 707.13.
(Ord. 19-85. Passed 3-26-19.)
(Ord. 19-85. Passed 3-26-19.)