(A) Before the City Council revokes a license issued pursuant to this subchapter, or if the City Council determines reasonable grounds exist to deny an application for a license pursuant to this subchapter, City Council shall cause a written notice to be sent by certified mail to the licensee or applicant affected, at the address stated in the license or application. The notice shall advise the affected party of a right to appear before the City Council, with or without legal counsel, at a stated time and place for the purpose of presenting any evidence relevant to such revocation or denial and for the purpose of hearing all evidence submitted and examining or cross-examining any person providing such evidence.
(B) A license issued pursuant to this section shall be revoked by action of the City Council if the City Council determines that:
(1) The licensee has violated any provision of this subchapter;
(2) The licensee, or the legal or beneficial owner of any interest in the licensee, is convicted of any felony, prostitution or any violation of any law relative to prostitution, crime involving sexual misconduct, as codified in the laws of the United States, this or any other state, including, but not limited to, convictions of violations of any of the offenses enumerated in G.S. Ch. 14, Articles 26, 26A and 27, or the same offenses as codified in the laws of any other state;
(3) Any employee or contract personnel of the licensee is convicted of any felony, prostitution or any violation of any law relative to prostitution, crime involving sexual misconduct, or any offense against public morality and decency as codified in the laws of the United States, this or any other state, including, but not limited to, convictions of violations of any of the offenses enumerated in G.S. Ch. 14, Articles 26, 26A and 27, or the same offenses as codified in the laws of any other state, which arises out of, or in the course of the business of the licensee;
(4) The licensee has knowingly, willingly or intentionally operated a sexually oriented business during a period of time when the licensee’s license was suspended for any reason;
(5) The licensee has knowingly, willingly or intentionally allowed prostitution on the premises; or
(6) The licensee has knowingly, willingly or intentionally violated state ABC laws.
(B) A license issued pursuant to this subchapter is immediately terminated and of no force and effect if the licensee moves or ceases operating a sexually oriented business at the location stated in the application for license pursuant to this section. For the purposes of this subchapter, indicators of the cessation shall include, but not be limited to:
(1) No city water; or
(2) No electrical service has been legally provided and consumed for the use in question for a period of three consecutive months.
(C) 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.
(D) After denial of an application, or denial of a renewal of an application or revocation of any license, and all administrative measures have been exhausted, the applicant or licensee may seek immediate judicial review of such Council action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(Ord. passed 11-26-2002, § 116.08)