763.09 REVOCATION.
   (a)   The Enforcement Officer shall revoke a sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license, if a cause for suspension, as set forth in Section 763.08, occurs and the license has been suspended at least twice within the preceding twelve (12) months.
   (b)   Revocation of Sexually Oriented Business License. The City Enforcement Officer shall revoke a sexually oriented business license if the Officer determines that the licensee:
      (1)   Gave false or misleading information in the application or in any document or diagram related to the operation of the sexually oriented business;
      (2)   Knowingly allowed possession, use, or sale of controlled substances on the premises;
      (3)   Knowingly allowed prostitution on the premises;
      (4)   Knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
      (5)   Has been convicted, plead guilty (including an "Alford" plea, or plea of no lo contendre) for an offense listed in Section 763.04(a)(7) for which the time periods required in Section 763.04(a)(7)A. B. and C., have not elapsed;
      (6)   On two (2) or more occasions within a twelve (12) month period, a licensed operator or employee of the sexually oriented business licensee, while in or on the licensed premises, committed an offense listed in Section 763.04(a)(7)A., for which a conviction has been obtained (or a plea of no lo contendre or guilty, including "Alford" plea, has been rendered);
      (7)   Knowingly allowed any sexual activity to occur in or on the licensed premises. The term "sexual activity" shall have the same meaning as in Ohio Revised Code section 2907.01; or
      (8)   Is delinquent in payment to the City of taxes or fees related to the sexually oriented business.
   (c)   Revocation of Sexually Oriented Business Operator’s License. The City Enforcement Officer shall revoke a sexually oriented business operator’s license if the Officer determines that the licensed operator:
      (1)   Knowingly gave false or misleading information in the application for a sexually oriented business operator’s license;
      (2)   Knowingly allowed possession, use, or sale of controlled substances on the premises;
      (3)   Knowingly allowed prostitution on the premises;
      (4)   Knowingly operated the sexually oriented business during a period of time when the operator’s sexually oriented business operator’s license was suspended;
      (5)   On two (2) or more occasions within a twelve (12) month period, while in or on the licensed premises, committed an offense listed in Section 763.04(a)(7)A., for which a conviction has been obtained (or a plea of no lo contendre or guilty, including "Alford" plea, has been rendered);
      (6)   Knowingly allowed any sexual activity to occur in or on the licensed premises. The term "sexual activity" shall have the same meaning as in Ohio Revised Code section 2907.01; or
      (7)   Is delinquent in payment to the City of taxes or fees related to the sexually oriented business.
   (d)   Revocation of Sexually Oriented Business Employee’s License. The City Enforcement Officer shall revoke a sexually oriented business employee’s license if the Officer determines that the licensed employee:
      (1)   Knowingly gave false or misleading information in the application for a sexually oriented business employee’s license;
      (2)   Knowingly allowed possession, use, or sale of controlled substances on the premises;
      (3)   Knowingly allowed prostitution on the premises;
      (4)   Knowingly was employed by a sexually oriented business during a period of time when the employee’s sexually oriented business employee’s license was suspended;
      (5)   On two (2) or more occasions within a twelve (12) month period, while in or on the licensed premises, committed an offense listed in Section 763.04(a)(7)A., for which a conviction has been obtained (or a plea of no lo contendre or guilty, including "Alford" plea, has been rendered);
      (6)   Knowingly allowed any sexual activity to occur in or on the licensed premises. The term "sexual activity" shall have the same meaning as in Ohio Revised Code section 2907.01; or
      (7)   Is delinquent in payment to the City of taxes or fees related to the sexually oriented business.
   (e)   The fact that a conviction is being appealed shall have no effect on the revocation of the license.
   (f)   Subsections (b)(7), (c)(6) or (d)(6) of this Section do not apply to adult motels as a grounds for revoking the applicable license unless the licensee, licensed operator or licensed employee knowingly allowed sexual activity to occur in a public place or within public view.
   (g)   When the Enforcement Officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued the applicable license for one (1) year from the date revocation becomes effective. If, subsequent to revocation, the Enforcement Officer finds that the basis for the revocation found in subsections (b)(1),(b)(4),(b)(8), (c)(1), (c)(4), (c)(7), (d)(1), (d)(4) or (d)(7) 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. If the license was revoked under subsections (b)(2),(b)(3),(b)(5),(b)(6), (b)(7), (c)(2), (c)(3), (c)(5), (c)(6), (d)(2), (d)(3), (d)(4), (d)(5) or (d)(6) of this section, an applicant may not be granted another license until the appropriate number of years required under Section 763.04(a)(7)A., respectively, has elapsed.
(Ord. 00-82. Passed 12-19-99.)