(a) The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in Section 1197.09 occurs and the license has been suspended within the preceding twelve (12) months.
(b) The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if the Officer determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises. This subsection will not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either (i) in exchange for money, or (ii) in a public place or within public view.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) When, after the notice and hearing procedure described in Section 1197.11, the Enforcement Officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective, provided that, if the conditions of Section 1197.11(b) are met, a Provisional License will be granted pursuant to that section. If, subsequent to revocation the Enforcement Officer finds that the basis for the revocation found in subsection (b)(1) and (b)(4) of this section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
(Ord. 4-02. Passed 3-14-02.)