§ 62-4963. Suspension and revocation of licenses.

(a)

Suspension for illegal transfer. In the event code enforcement learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 62-4960, code enforcement shall forthwith notify the licensee of the pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until documents which satisfy the requirements of section 62-4960 are filed with code enforcement and a transferred license has been issued.

(b)

Suspension for violation of building, fire, environmental health, or zoning statute, code, ordinance, or regulation. In the event a department learns or finds upon sufficient cause that a licensed adult entertainment establishment is operating in violation of a building, fire, environmental health, or zoning statute, code, ordinance or regulation, whether federal, state, or local, contrary to the respective general requirements of section 62-4915, the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period the department shall notify code enforcement, which shall forthwith notify the licensee of pending suspension of the license. If the suspension becomes effective, the suspension shall remain in effect until the department which reported the violation notifies code enforcement in writing that the violation of the provision in question has been corrected.

(c)

Suspension for illegal conduct at establishment.

(1)

Three convictions. In the event three or more violations of specified criminal acts occur at an adult entertainment establishment within a two-year period, and convictions result from at least three of the violations, code enforcement shall, upon receiving evidence of the three convictions, notify the licensee of a pending suspension of the license for a period of 30 days. For the purposes of calculating this two-year period, the two-year period shall be deemed to be those 24 months occurring immediately prior to the violation occurrence date for which the thirty day suspension is sought.

(2)

Additional conviction following suspension. In the event one or more additional violations of any specified criminal act occurs at the same establishment within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for thirty (30) days under subsection (c)(1), but not including any time during which the license was suspended for 30 days, and a conviction results from one or more of the violations, code enforcement shall, upon receiving evidence of the additional conviction after previous suspension, notify the licensee of a pending suspension of the license for a period of 90 days.

(3)

Additional conviction following two prior suspensions. In the event one or more additional violations of any specified criminal act occurs at the same establishment within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 90 days under subsection (c)(2), but not including any time during which the license was suspended for 90 days, and a conviction results from one or more of the violations, code enforcement shall, upon receiving evidence of the additional conviction after two previous suspensions, notify the licensee of the pending suspension of the license for a period of 180 days.

(d)

Revocation for repeat convictions following three suspensions. In the event one or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a license suspended for a period of 180 days pursuant to section 62-4963(c)(3), and the violation occurs within a period of two years from the date of the last violation from which the conviction resulted for which the license was suspended for 180 days, but not including any time during which the license was suspended for 180 days, code enforcement shall, upon receiving evidence of a conviction for the subsequent violation after three suspensions, forthwith notify the licensee of the pending revocation of the license.

(e)

Revocation for false information. In the event code enforcement receives evidence that a license was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, code enforcement shall forthwith notify the licensee.

(f)

Transfer or renewal. The transfer or renewal of a license pursuant to this code shall not defeat a suspension or revocation of a license or related proceedings.

(g)

Methods of notice of pending suspension or revocation. Whenever a notice of pending suspension or revocation must be sent by mail from code enforcement it shall be made by certified mail, return receipt requested, mailed to the licensee's last provided address of record and such notice may also be made by the sheriff's department by posting a copy of the written notice at the licensee's establishment or making actual delivery to the licensee.

(Code 1979, § 14-248; Ord. No. 97-16, § 12, 5-27-97; Ord. No. 01-53, § 9, 9-11-01)