Chapter 4.20
DENIAL, SUSPENSION, AND REVOCATION OF LICENSE
Sections:
4.20.010 Denial of license renewal.
4.20.020 Suspension of license.
4.20.030 Revocation of license.
4.20.040 Suspension or revocation hearing.
4.20.010 Denial of license renewal.
When the chief of police denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
(Ord. 2000-04, Added, 05/02/2000)
4.20.020 Suspension of license.
The chief of police shall suspend a license for a period not to exceed three (3) months for the first offense if he or she determines that a licensee or an employee of a licensee has:
(A) violated or is not in compliance with any section of this title; or,
(B) refused to allow an inspection of the adult-oriented business premises as authorized by this title. (Ord. 2000-04, Added, 05/02/2000)
4.20.030 Revocation of license.
The chief of police shall revoke a license if a cause of suspension in section 4.20.020 occurs and the license has been suspended within the preceding twelve (12) months.
The chief of police shall revoke a license for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
(A) A licensee knowingly gave false, misleading, or fraudulent information in the material submitted during the application process, or in any report or record required to be filed with the city;
(B) A licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following acts on the premises of the adult-oriented business, or in the case of an adult-oriented businesses performer, the performer has engaged in one of the activities described below while on the premises of an adult-oriented business:
1. any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of adult motels unless the licensee or employee of the adult motel knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view;
2. use of the adult-oriented business as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; or,
3. the occurrence of specified criminal activities, including acts of lewdness, assignation, or prostitution, or act relating to obscene matter or distribution of harmful matter to minors.
(C) A licensee knowingly operated, performed or was employed at the adult-oriented business during a period of time when the licensee’s license was suspended.
When the chief of police revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued an adult-oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) calendar days have elapsed since the date the revocation became effective. (Ord. 2006-07, Amended, 06/06/2006; 2000-04, Added, 05/02/2000)
4.20.040 Suspension or revocation hearing.
In addition to the other remedies set forth in this code, a violation of any provision of this Title constitutes grounds for the revocation of an adult-oriented business license and/or adult-oriented business employee license. On determining that grounds for license revocation or suspension exist, the chief of police shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing to be conducted by a hearing officer pursuant to section 21.03.060, the grounds upon which the hearing is based, the pertinent code sections at issue, and a brief summary of the facts in support of the suspension or revocation. Notice shall be served personally or by certified mail at least ten (10) days prior to the hearing date.
If the hearing officer finds and determines that there are grounds for disciplinary action, the Chief of Police shall do either of the following:
A. Suspend the license for a specified period of time not to exceed three (3) months for the first offense;
B. Revoke the license for the second offense. (Ord. 2006-07, Amended, 06/06/2006; 2000-04, Added, 05/02/2000)
4.20.050 Appeal.
Pursuant to Section 21.03.070B, an applicant or licensee may seek prompt judicial review for (1) the denial of a license required by this Title, (2) the denial of a renewal of such a license or (3) the suspension or revocation of such license. (Ord. 2006-07, Amended, 06/06/2006; 2000-04, Added, 05/02/2000)
4.20.060 Confidentiality.
The city deems confidential license applications required by chapters 4.12 and 4.16 above and all information contained therein. Absent an order from a court of competent jurisdiction, the city shall not disclose for public review the applications or the information contained therein. (Ord. 2000-04, Added, 05/02/2000)