§ 21-213 — Same—Revocation or suspension of permit

Sec. 21-213. - Same—Revocation or suspension of permit.

(a) The city attorney shall have the authority to request the revocation of a permit for any one or more of the following reasons: (1) The owner or operator of the permitted sexually oriented business knowingly allowed a person under eighteen (18) years of age to enter an sexually oriented business; (2) The permitted sexually oriented business does not conform to the provisions of this article; (3) Three (3) or more cumulative violations of any of the specified criminal acts or of the provisions contained in this article have occurred on the premises of the permitted sexually oriented business. These violations must have occurred in a consecutive period of twelve (12) months, and the owner, operator or any manager, or floor-manager licensed under this article: a. Knowingly allowed such violations to occur; b. Did not make a reasonable effort to prevent the occurrence of such violations; or c. Should have known that such violations were occurring or did occur; (4) The operator of the permitted sexually oriented business gave materially false, fraudulent or untruthful information on the original, renewal or transfer application form; (5) The sexually oriented business has not been open for business for a period of thirty (30) consecutive days, unless due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circumstances, to open or reopen the establishment; (6) There was a change of owner or operator for which a transfer application was not timely filed pursuant to section 21-212 of this Code; or (7) The permit was erroneously issued in contravention of the criteria of this article. (b) The city attorney shall have sole authority to initiate any action for revocation of a permit; provided, that the chief may request that the city attorney give priority to any such action based upon the number or nature of violations involving a particular sexually oriented business. (c) Prior to revocation of a permit, the city attorney, with the assistance of the chief, shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, shall notify the owner(s) and operator in writing of reasons for the proposed revocation and grant such owner(s) and operator the opportunity to appear before a designated hearing official at a time and place specified within such notice. The hearing official shall not have participated in any investigation of the alleged grounds for the revocation. Such hearing shall be held not less than twenty (20) days after the notice is given. Hearings shall be conducted under rules issued by the chief. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel. If, after the hearing, the hearing official finds that the permit should be revoked, he shall issue a written order revoking such permit which shall be effective upon the date the written notice is given. If the hearing official determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, he may suspend the operation of the permit for a period of time to be stated in the order of suspension. (d) A sexually oriented business shall be treated as having a permit for purposes of measurements under subsection 21-211(b)(2) of this Code, pending the final disposition of any court action involving judicial review of a permit revocation. An establishment holding a suspended permit shall be treated as having a permit for the purpose of measurements made under subsection 21-211(b)(2) of this Code.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)