(A) The city shall suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with any provision of this chapter;
(2) Engaged in the use of alcoholic beverages while on the sexually-oriented business premises other than at an adult hotel or motel;
(3) Refused to allow an inspection of the sexually-oriented business premises as authorized by this chapter;
(4) Knowingly permitted gambling by any person on the sexually-oriented business premises; or
(5) Demonstrated inability to operate or manage a sexually-oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(B) The city shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.
(C) The city shall revoke a license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the sexually-oriented business during a period of time when the licensee’s license was suspended;
(5) A licensee has been convicted of an offense defined herein as specified criminal activity for which the required time period listed in this chapter has not elapsed;
(6) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime herein defined as specified criminal activity for which a conviction has been obtained, and the person or persons were employees of the sexually-oriented business at the time the offenses were committed;
(7) A licensee or an employee 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 provision does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view; or
(8) A licensee is delinquent in payment to the city, county, or state for any taxes or fees past due or issued NSF (non-sufficient funds) checks to the city, county, or state.
(D) When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually-oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(E) Within 90 days after denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek judicial review of such administrative action in any court of competent jurisdiction.
(F) (1) A revocation or suspension shall be preceded by written notice to the licensee and a public hearing.
(2) The notice shall give at least ten days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee.
(3) The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof.
(2006 Code, § 6.33) (Ord. 148, 3rd Series, passed 10-24-2003)