Title 5 - Business Licenses and Regulations

5.05 Adult Businesses

5.05.120 Suspension, Revocation, or Nonrenewal -- License.

Suspension, revocation or nonrenewal of licenses may be justified whenever the City Clerk has information that:

  1. A.
    The owner or Operator of an Adult Business or a holder of a Manager, Server or Entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Ordinance; or
  2. B.
    There have been recurrent violations of provisions of this Ordinance that have occurred under such circumstances that the owner or Operator of an Adult Business knew or should have known that such violations were committed; or
  3. C.
    The Adult Business license or the Manager, Server or Entertainer license was knowingly obtained through false statements in the application for such license, or renewal thereof; or
  4. D.
    The Adult Business licensee or the Manager, Server or Entertainer licensee knowingly failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
  5. E.
    The licensee has become disqualified from having a license by conviction of a Specified Criminal Act.

    Upon receipt of any of the information set forth above, the City Clerk shall make this information known to the Governing Body, which, upon five (5) days written notice to the Person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
    1. 1.
      Direct the City Clerk to suspend the license for up to ninety (90) days; or
    2. 2.
      Direct the City Clerk to revoke the license for the remainder of the license year; or
    3. 3.
      Direct the City Clerk to place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the Ordinance occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.

(History: Ord. AEB-2416 §13, 2003; AEB-1944 §13, 95; AEB-1935 §13, 95; AEB-1846 §13, 94; AEB-1837 §13, 93; AEB-1782A §7, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901