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An adult entertainment establishment license may be suspended for not more than 30 day or revoked pursuant to the terms and conditions set forth in this section.
(A) Notice. Upon determine that one or more of the grounds for suspension or revocation under § 119.140 may exist, the Adult Use Commission shall serve a written notice on the licensee in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum:
(1) State that the Adult Use Commission has determined that the adult establishment license may be subject to suspension or revocation pursuant to § 119.088;
(2) Identify the specific grounds for the Adult Use Commission’s determination; and
(3) Set a date for a hearing regarding the Adult Use Commission’s determination as to the possibility of suspension or revocation of the adult establishment license. The date of the hearing shall be no less than five days after service of the Adult Use Commission’s notice, unless an earlier or later date is agreed to by the licensee and the Adult Use Commission.
(B) Hearing. The hearing shall be conducted by the Adult Use Commission. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited for suspending or revoking the license and the county and any other persons may submit evidence to sustain the grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 119.155 shall be made part of the hearing record. Within three days after the close of the hearing, the Adult Use Commission shall, having considered the record, set the hearing and render a decision in writing, setting forth the reasons for the decision. The action taken by the Adult Use Commission shall be final and shall be subject to judicial review.
(C) Notice and effective date of suspension or revocation. The Adult Use Commission’s written decision shall be posted at the office of the Adult Use Commissioner and shall be served on the licensee in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. Any suspension or revocation, as the case may be, shall take effect on the day that the Adult Use Commission’s written decision is delivered in person or three days after it is placed in the United States mail as provided in this division.
(D) Surrender of license and security. Upon the suspension or revocation of an adult establishment license pursuant to this chapter:
(1) The Adult Use Commission shall take custody of the suspended or revoked license; and
(2) A part or all of the bond or other security submittee for the adult entertainment establishment pursuant to § 119.037(B) shall be forfeited as the Adult Use Commission shall deem necessary to reimburse the county for the costs associated with the proceedings related to the suspension or revocation at issue. The bond or other security shall be replenished to equal the amount required pursuant to § 119.037(B) prior to the issuance of any new adult establishment license for the licensed premises or for the reinstatement of any suspended license.
(Res. 99-320, passed 8-19-1999)