(a) In addition to any other sanctions, remedies or penalties provided by law, the City Manager may suspend or revoke the permit of any adult entertainment facility which materially fails to continue to meet the location, design or operating requirements of this chapter. Suspensions and revocations shall be imposed in a progressive manner, after notice and a hearing before the City Manager, as follows:
(1) First violation: 30-day suspension of all business.
(2) Second violation: 90-day suspension of all business.
(3) Third Violation: Revocation of permit.
(b) Suspensions and revocations shall be effective 10 days after notice is given, unless appealed. The City Manager's decision may be appealed to the Board of Zoning Appeals within 10 days after notice of the suspension or revocation is received by the permittee or delivered to the facility. Such an appeal shall stay the decision of the City Manager until the Board has acted. The Board shall meet within 10 days after the appeal has been filed, or as soon thereafter as scheduling permit . After notice and a hearing, the Board of Zoning Appeals shall, within 10 days after the hearing, issue to the City Manager its findings of fact and its determination as to whether a material failure to comply with this chapter has occurred. If the Board finds that no violation of this chapter has occurred, the City Manager shall rescind his order of suspension or revocation. An appeal to the courts of a decision by the Board upholding the decision of the City Manager shall not operate as a stay of the City Manager's decision.
(c) Upon revocation of a permit, the permittee shall, within 30 days after notice of said revocation, remove all goods, equipment and furniture associated with the business from the premises, including exterior signage. No permittee may, after having a permit for an adult entertainment facility revoked for violations of this chapter, open an adult entertainment facility or otherwise acquire an economic interest in such a facility within the City for a period of five years after such revocation.
(Ord. 28-2002. Passed 11-21-02.)