(A) Each Taylor Mill sexually oriented business license shall expire at midnight on the evening of the date of the first annual anniversary of the issuance thereof.
(B) In the event that the City Administrative Officer has any reason to believe that any violations of § 118.10 have occurred, the City Administrative Officer shall conduct a proceeding for the review thereof, which shall conform to all of the requirements of the due process provisions of the Federal and State Constitutions, including, without limitation, an evidentiary hearing with factual determinations and conclusions therefrom, and a record of the proceedings for appellate and judicial review. In the event that the City Administrative Officer concludes from the aforedescribed due process proceedings that any violation of this chapter has occurred, the City Administrative Officer shall either permanently revoke or temporarily suspend each, every, any and all Taylor Mill Sexually Oriented Business Licenses of everybody involved in any of such violations; whichever the City Administrative Officer determines to be appropriate in the circumstances, after the consideration of the following aggravating and mitigating circumstances:
(1) Any previous suspensions or revocations;
(2) Any previous warnings that the conduct involved could result in a license suspension;
(3) The involvement of one or several violations;
(4) The technical or substantive nature of the violation;
(5) The involvement of the licensee and employees thereof in the violation, as distinguished from the involvement of customers, patrons and members of the licensee;
(6) The extent to which the licensee or the employees thereof had knowledge of the violation;
(7) Any corrective or remedial action by the licensee to prevent similar violations in the fixture;
(8) The criminal nature of the violation, according to the Statutes of Kentucky, and the degree of felony or misdemeanor;
(9) Any personal injuries or property damage involved in the violation; and any restitution therefore by the licensee;
(10) The extent to which any of the violations posed a significant risk to the health, safety and welfare of persons on or off the licensed premises;
(11) The length of time over which the violations extended;
(12) The extent to which the licensee or the employees thereof realized a financial gain from the violation;
(13) The number of employees, patrons, customers or members of the licensee involved in the violations;
(14) The nature, extent and cost of the city, or any other governmental agency to detect the violation;
(15) The involvement of any persons under 21 years of age in the violation;
(16) The extent to which the licensee or any employee thereof has attempted to cover-up the violations, destroy evidence or otherwise hinder the investigation and detection of the violations;
(17) The extent to which the licensee and any employee thereof have acted in good faith.
(C) The revocation or suspension of any Taylor Mill sexually oriented business license pursuant to the provisions hereof, shall be in addition to any other civil or criminal penalty prescribed by any other Taylor Mill ordinance or any other applicable law.
(Ord. 175 (6-27-01), passed 6-27-01)