(a) The City Manager shall revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension in § 858.08 occurs and the license has been suspended within the preceding 12 months.
(b) The City Manager shall revoke a sexually oriented business license if the Manager determines that:
(1) A licensee gave false information in the application for a sexually oriented business license or in any document related to the operation of the sexually oriented business;
(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 sexually oriented business during a period of time when the licensee’s license was suspended;
(6) On two or more occasions within a 12-month period, a person or persons while in or on the licensed premises committed an offense listed in § 858.04(a), for which a conviction has been obtained, and the person or persons were a licensee or employee(s) of the sexually oriented business at the time the offenses were committed;
(7) A licensee or an employee has knowingly allowed any sexual activity to occur in or on the licensed premises. The term “sexual activity” shall have the same meaning as it is defined in Ohio R.C. § 2907.01;
(8) A licensee is delinquent in payment to the city of taxes or fees related to the sexually oriented business; or
(9) A violation of zoning and/or building code requirements.
(c) The fact that any relevant conviction, as described in § 858.04, is being appealed shall have no effect on the revocation of the license.
(d) For the purposes of license denial, suspension or revocation, an act by any employee that constitutes grounds for revocation of that employee’s license shall be imputed to the sexually oriented business licensee only if the hearing officer determines by a preponderance of evidence that an officer, director, or general partner, or an employee who managed, supervised, or controlled the operation of the business, knowingly allowed such act to occur on the premises. Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed sexual activity to occur in exchange for money or within public view.
(e) When the City Manager 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 revocation becomes effective. If, subsequent to revocation, the City Manager finds that the basis for the revocation has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under § 858.04(a) has elapsed.
(Ord. 05-20, passed 5-12-2005)