§ 1709. Revocation.  


Latest version.
  • A.

    The Chief of Police shall recommend revocation of a license if a cause of suspension in Section 1708 occurs and the license has been suspended within the preceding twelve (12) months.

    B.

    The Chief of Police shall recommend revocation of a license if he determines that:

    1.

    A licensee gave false or misleading information in the material submitted to the Chief of Police during the application process;

    2.

    A licensee or an employee who exercises supervisory control of, or manages or operates a sexually oriented business, has knowingly allowed possession, use or sale of controlled substances on the premises;

    3.

    A licensee or an employee who exercises supervisory control of, or manages or operates a sexually oriented business, has knowingly allowed prostitution on the premises;

    4.

    A licensee or an employee who exercises supervisory control of, or manages or operates a sexually oriented business, knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

    5.

    A licensee has been convicted of an offense listed in paragraph 1704.A.8 for which the time period required therein has not elapsed;

    6.

    On two (2) or more occasions within a twelve-month (12) period, a person committed an offense occurring in or on the licensed premises of a crime listed in paragraph 1704.A.8 for which a conviction has been obtained, and the person was an employee of the sexually oriented business at the time the offenses were committed; provided, however, the Chief of Police shall notify the licensee of any such arrests and convictions within ten (10) days of their occurrence, and such notification shall be a condition precedent to the revocation of a license under this paragraph;

    7.

    A licensee or an employee who exercises supervisory control of, or manages or operates a sexually oriented business, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises; or

    8.

    A licensee is delinquent in payment to the City for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.

    C.

    The fact that a conviction is being appealed shall have no effect on the revocation of the license.

    D.

    When the hearing officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the hearing officer finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under paragraph B.5, an applicant may not be granted another license until the appropriate number of years required under paragraph 1704.A.8 has elapsed.