§ 15-122.4. Revocation.

(a)

The chief of police or his designee, may revoke or suspend a permit issued pursuant to this division upon determining that:

(1)

A permittee gave false or misleading information in the material submitted during the application process; or

(2)

A permittee or an employee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises; or

(3)

A permittee or an employee has knowingly allowed prostitution on the premises; or

(4)

The permittee refused to allow an inspection of the adult business premises as authorized by this chapter; or

(5)

On two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting (1) aiding, abetting or harboring a runaway child; (2) prostitution or promotion of prostitution; (3) exposing minors to harmful materials; (4) dissemination of obscenity; (5) sexual assault for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

(6)

A permittee is convicted of tax violations for any taxes or fees related to the adult business; or

(7)

A permittee has demonstrated inability to operate or manage an adult business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers; or

(8)

A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other sexual activity to occur in or on the permitted premises.

(9)

A permittee has been operating an adult business not approved under the applicable permit.

(10)

A permittee has failed to comply with the provisions of this division.

(11)

A permittee's business fails to comply with applicable county or state laws or regulations.

(b)

If the chief of police or his designee revokes or suspends a permit, he shall notify the permittee in writing of such action and the reasons for the action, and the permittee's right to request a hearing. To receive a hearing, the permittee must make a written hearing request which must be received by the chief of police, or his designee within ten days of the date of the revocation notice. If a hearing is properly requested, it shall be held within ten days of receipt of the hearing request. The hearing shall be presided over by the chief of police or his designee. The permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the chief of police or his designee shall render a decision. The permittee must discontinue operation of his business if the chief of police or his designee renders a final decision revoking or suspending the permit.

(Ord. of 9-26-01, § 1)

(Ord. of 9-26-01, § 1)