(a) An adult or sexually oriented business permit or adult or sexually oriented business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(1) On determining that grounds for permit suspension or revocation exist, the city administrator, or his designee, shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing to be conducted by the city administrator, or his designee, or appointed hearing officer, and the ground or grounds upon which the hearing is based, the pertinent sections of this Code, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) working days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the city council, but at a minimum shall adhere to the provisions of subsection (a)(2).
(2) The applicant has the right to offer testimonial, documentary, and tangible evidence bearing on the issues and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the city administrator, or his designee, or hearing officer may be appealed in accordance with section
5.91.
(b) The city administrator, or his designee, shall suspend a permit for a period not to exceed thirty (30) days if it is determined, following notice to the permittee and a hearing as set forth above, that the permittee or an employee of a permittee has violated or is not in compliance with any section of this article, or has refused to allow an inspection of the adult or sexually oriented business premises as authorized by this article.
(c) The city administrator, or is designee, shall revoke a permit if it is determined, following notice to the permittee and a hearing as set forth above, that any of the following conditions arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult or sexually oriented business, has occurred:
(1) A cause of suspension as set forth above has occurred and the permit has been previously suspended within the preceding 12 months.
(2) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.
(3) The permittee, employee, agent, partner, director, stockholder, or manager of an adult or sexually oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following activities on the premises of the adult or sexually oriented business, or in the case of an adult or sexually oriented business employee permit holder, the permittee has engaged in one of the activities described below while on the premises of the adult or sexually oriented business:
(i) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.
(ii) Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code.
(iii) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.
(iv) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4 of the California Penal Code.
(v) Any conduct prohibited by or in violation of this article.
(4) Failure to abide by any disciplinary action previously imposed by an appropriate city official.
(5) If an adult or sexually oriented business is vacated and left unoccupied or is otherwise abandoned for a period of six (6) consecutive months.
(d) After holding the hearing in accordance with the provisions of this section, if the city administrator, or his designee, or appointed hearing officer, finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the city administrator, or his designee, shall impose one of the following:
(2) Suspension of the permit for a specified period not to exceed six months;
(3) Revocation of the permit.
(Ord. No. 1094, Exh. B; Ord. No. 1126, § 3, Exh. B.)
