A. Authorized: In the event a licensed sexually oriented business is operating in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether Federal, State or local, the Town shall notify the licensee of the violation and shall allow the licensee ten (10) calendar days to correct that violation. If the licensee fails to correct the violation within ten (10) calendar days, the Town shall schedule a license hearing. If it is determined that a licensed establishment is in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether Federal, State or local, the Town shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the department or division responsible for enforcing the applicable ordinance giving rise to the suspension notifies the Town Clerk in writing that the violation of the provision in question has been corrected. (Ord. 93-1, 5-17-1993; amd. 2017 Code)
B. Notice; Violations: The Town may issue a notice suspending, placing on probation or revoking a sexually oriented business or employee license granted under this chapter if a licensee or an employee of a licensee has:
1. Violated or is not in compliance with the provisions of this chapter;
2. Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this chapter, or by any other statute or ordinance;
3. Failed to replenish the cost bond as provided in this chapter (such a suspension shall extend until the bond has been replenished);
4. Given materially false or misleading information in obtaining the license;
5. Knowingly operated the sexually oriented business or worked under the employee license during the period when the business or employee license was suspended;
6. Committed an offense which would be grounds for denial of a license for which the period of civil disability has not elapsed;
7. Become delinquent in payment to the Town for ad valorem taxes or sales taxes related to the sexually oriented business.
C. Effective Date: Suspension or revocation shall take effect within ten (10) days of the issuance of notice, unless an appeal is filed as provided by this chapter.
D. Appeal No Effect On Revocation: The fact that a conviction is being appealed shall have no effect on the revocation of the license.
E. Suspension: Upon violation of any provision of subsection B of this section, a sexually oriented business license, if not revoked, shall be suspended for a minimum of sixty (60) days. Upon a second violation of any of the provisions of subsection B of this section within twenty four (24) months of the initial violation, the license, if not revoked, shall be suspended for a minimum period of ninety (90) days. Upon a third violation within thirty six (36) months of the original violation of subsection B of this section, the sexually oriented business license shall be revoked for a period of one (1) year. Notwithstanding the foregoing, nothing in this subsection requires that a sexually oriented business license be suspended before it can be revoked by the Town. (Ord. 93-1, 5-17-1993)