§ 112.11  REVOCATION.
   (A)   Causes of revocation. The City Council may revoke a license if it determines that:
      (1)   A licensee gave false or misleading information in the material submitted to the city during the application process;
      (2)   A licensee or an employee has knowingly allowed possession, use, or sale of alcoholic beverages or 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 adult oriented business during a period of time when the licensee's license was suspended;
      (5)   A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises.
      (6)   If a cause of suspension in § 112.10 occurs within 36 months after suspension of a license.
   (B)   Appeals. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
   (C)   Exceptions. Division (A)(7) above 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.
   (D)   Granting a license after revocation. When the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult oriented business license for one year from the date 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. If the license was revoked under division (A)(5) above and applicant may not be granted another license until the appropriate number of years required has elapsed.
   (E)   Notice. A revocation by the City Council shall be by written notice to the licensee and a hearing. 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. The notice may be served upon the licensee personally, or by leaving the same at the licensed premises with the person in charge thereof.
   (F)   Appeal. If the City Council revokes a license, the license may commence an action in state or federal court within 15 days after notification by the city of the revocation for purposes of determining whether the City Council acted properly. The licensee may continue doing business until the conclusion of the action.
(Ord. 828, passed 2-10-97; Am. Ord. 1074, passed 10-28-13)