Permit—Suspension—Revocation.
Memphis Code of Ordinances § 6-72-5
in effectSec. 6-72-5. - Permit—Suspension—Revocation.
A. Suspension. The director of police services shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee or agent of a permittee or independent contractor employed at the licensed premises has:
1. Violated or is not in compliance with sections 6-72-4(D), 6-72-7, 6-72-8 or 6-72-10 through 6-72-15;
2. Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
3. Refused to allow an unimpeded inspection of the sexually oriented business premises as authorized by this chapter;
4. Knowingly permitted gambling by any person on the sexually oriented business premises;
5. Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
B. Revocation.
1. The director of police services shall revoke a permit if a cause of suspension in subsection A of this section occurs and the permit has been suspended within the preceding 12 months.
2. The director of police services shall revoke a permit if he or she determines that:
a. A permittee gave false or misleading information in the material submitted to the director of police services during the application process;
b. A permittee or an employee, agent or independent contractor employed on the premises has allowed possession, use or sale of controlled substances on the premises;
c. A permittee or an employee, agent or independent contractor employed on the premises has allowed prostitution on the premises;
d. A permittee or an employee, agent or independent contractor employed on the premises operated the sexually oriented business during a period of time when the permittee's permit was suspended;
e. A permittee has been convicted of an offense listed in section 6-72-4(B)(h)(i) for which the time period required in section 6-72-4(B)(h)(ii) has not elapsed;
f. On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 6-72-4(B)(h)(i) for which a conviction has been obtained, and the person or persons were employees, agents or independent contractors employed on the premises of the sexually oriented business at the time the offenses were committed;
g. A permittee or an employee, agent or independent contractor employed on the premises has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in T.C.A. § 39-13-501(6); or
h. A permittee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.
3. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
4. Subsection (B)(2)(g) of this section does not apply to adult motels as a ground for revoking the permit unless the permittee, employee, agent or independent contractor employed at the premises allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
5. When the director of police services revokes a permit, the revocation shall continue five years and no sexually oriented business permit shall be issued to that permittee for five years from the date revocation became effective. If, subsequent to revocation, the director of police services finds that the basis for the revocation has been corrected or abated, a permit may be granted to the permittee if at least 90 days have elapsed since the date the revocation became effective. If the permit was revoked under subsection (B)(2)(e) of this section, an applicant may not be granted another permit until the appropriate number of years under section 6-72-4(B)(h)(ii) has elapsed.
(Code 1985, § 20-123; Ord. No. 4013, § 1, 1-15-1991)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-72SEORBU_S6-72-5PEUSEVFetched: 10/28/2026