(A) The Director shall have the authority to revoke a permit for any one or more of the following reasons:
(1) The owner or operator of the permitted enterprise knowingly allowed a person under 21 years of age to enter an enterprise;
(3) Three or more cumulative violations of any of the offenses contained in Tex. Penal Code §§ 21.01 et seq., or Tex. Penal Code §§ 43.01 et seq., or Tex. Penal Code §§ 22.011 or 22.021, or of the offenses contained in this chapter, have occurred on the premises of the permitted enterprise. These violations must have occurred in a consecutive period of 12 months, and the owner or operator must have knowingly allowed such violations to occur or did not make a reasonable effort to prevent the occurrence of such violations;
(4) The operator of the permitted enterprise gave materially false, fraudulent or untruthful information on the original, renewal or transfer application form;
(5) The enterprise has been closed for business for a period of 30 consecutive days, unless such closure is due to circumstances beyond the control of the owner and the owner is proceeding with due diligence, given all attendant circumstances, to reopen the establishment;
(6) There was a change of owner or operator for which a transfer application was not timely filed pursuant to § 117.06 of this chapter; and
(7) The permit should not have been issued pursuant to the criteria of § 117.05 of this chapter.
(B) Prior to revocation of a permit, the Director shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, shall notify the owner and operator in writing of the reasons for the proposed revocation and grant such owner and operator the opportunity to appear before a Hearing Official to be designated by the Director at a time and place specified within such notice. The Hearing Official designated shall not have participated in any investigation of the alleged grounds for the revocation. Such hearing shall be held not less than 15 days after the notice is given. Hearings shall be conducted under rules issued by the Director. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross examine witnesses and be represented by legal counsel. If, after the hearing, the Hearing Official finds that the permit should be revoked, he or she shall issue a written order revoking such permit, which shall be effective on the third day after notice thereof is given to the operator. If the Hearing Officer determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, he or she may suspend the operation of the permit for a period of time to be stated in the order of suspension, not to exceed two months; however, a suspension may not be ordered if the grounds are based upon divisions (A)(6) or (A)(7) above.
(C) The owner or operator shall have the right to appeal an order of the Hearing Official revoking a permit to the City Commission in accordance with the procedure set forth in § 117.05(F) of this chapter by delivering notice of appeal to the City Secretary within 15 days after notice is given to the owner and operator of the order. The filing of an appeal of a revocation to the City Commission shall not have the effect of superseding or suspending the order of the Director. Orders suspending permits shall not be subject to any appeal.
(D) An enterprise shall be treated as having a permit for purposes of measurements under § 117.05(B)(2) of this chapter pending the date for filing an appeal of a permit revocation and, if an appeal is filed, pending the disposition of the appeal by the City Commission. An establishment holding a suspended permit shall be treated as having a permit for the purpose of measurements made under § 117.05(B)(2) of this chapter.
(1998 Code, § 26-67)