(A) After an investigation, notice and hearing, the City Manager of his or her designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented established that one of the following conditions exists:
(1) The building, structure, equipment, location or manner of operation of such business does not comply with the requirements of or fails to meet the standards of the health, zoning, fire and safety laws of the State of California and ordinances of the City of Tulare applicable to such business operations.
(2) The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for sexually oriented business permit, or in any report or record required to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented business, including those set out in this chapter.
(3) A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager or stockholder has knowingly engaged in, allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises.
(4) A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager or stockholder has knowingly engaged in, allowed, or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation or distribution of obscenity, on or in the subject premises.
(5) A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager or stockholder has knowingly engaged in, or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the California Uniform Controlled Substance Act, Cal. Health and Safety Code §§ 11000 et seq., as amended from time to time.
(6) More than 30 days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgement for monetary damages, irrespective of any other form of relief set out in the judgement, which is to be paid to the city has been imposed against a sexually oriented business, and the sum remains owing.
(B) In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business so closed shall be disqualified from operating any other sexually oriented business established thereafter within the city for a period of one year commencing on the date that the permit was revoked.
(C) In the event that a permit for a sexually oriented business suspended pursuant to any applicable law, the operators of the subject sexually oriented business from operating the subject sexually oriented business as well as any other sexually oriented business established thereafter within the city during the entire period of such suspension.
(1995 Code, § 5.88.230) (Ord. 01-1872, passed - -2001)