(A) The City Recorder may, at any time upon the recommendation of the Chief of Police and as provided below, suspend or revoke any license issued under this chapter:
(1) Where the license was procured by fraud or false representation of fact;
(2) For the violation of, or failure to comply with, the provisions of this chapter or any other similar local or state law by the licensee or by any its servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents or employees; or
(3) For the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution or transactions involving CONTROLLED SUBSTANCES (as that term is defined in O.R.S. 167.002 through 167.027) committed on the premises, or the conviction of any of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving CONTROLLED SUBSTANCES (as that term is defined in O.R.S. Chapter 475) committed on the licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.
(B) A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first violation, 90 days upon the second violation with a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.
(C) The City Recorder shall provide at least ten days’ prior written notice to the licensee of the decision to suspend or revoke the license. The notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of the revocation or suspension and the grounds for revocation or suspension.
(D) Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective ten days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the City Recorder for a hearing before the City Council within the ten-day period. The City Council shall conduct a hearing and render its decision within 45 days following the close of the appeal hearing. Any person aggrieved by the decision of the City Council shall have the right to appeal the decision to the Circuit Court within 14 days of the City Council’s decision, by writ of mandamus as provided in the state statutes. The decision of the City Recorder shall be stayed during the pendency of any administrative and judicial appeals, except as provided in division (E) below.
(E) Where the city building official, Fire Marshal or the County Health Department find that any condition exists upon the premises of an adult entertainment establishment which constitutes a threat of immediate serious injury or damage to persons or property, the official may immediately suspend any license issued under this chapter pending a hearing in accordance with division (C) above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the City Council under the same appeal provisions set forth in division (C) above; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal.
(Prior Code, § 112.20) (Ord. 1145, passed 5-20-1996)