(A) The City Council shall revoke a license if a cause of suspension in § 132.11 occurs and the license has been suspended within the preceding 12 months.
(B) The City Council shall revoke a license if Council determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operates 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 § 132.07(A)(7)(a) for which the time period required in § 132.07(A)(7)(b) has not elapsed;
(6) On two or more occasions within a 24-month period, a person or persons committed an offense in or on the licensed premises of a crime listed in § 132.07(A)(7)(a) for which a conviction has been obtained and the person or persons convicted were licensees or employees of the sexually oriented business at the time the offenses were committed; or
(7) A licensee or an employee of the sexually oriented business has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises. This division shall not apply to an adult motel unless the licensee or employee knowingly allowed such sexual acts to occur either in exchange for money or in a public place or within public view.
(C) After revocation, the licensee shall not be issued a sexually oriented business license for two years from the date revocation became effective. If, subsequent to revocation, the City Council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date revocation became effective and a corrective plan which addresses the violation and assures that the violation will not occur again is provided to Council. If the license was revoked under division (B)(5) above, an applicant may not be granted another license until the appropriate number of years required under § 132.07(A)(7)(b) has elapsed.
(D) The determination by the City Council as to the existence of or non-compliance with the above matters shall be made in open City Council session after mailing notice of hearing time, place and date to the license holder or its representatives 15 days in advance of said hearing, stating that Council will consider revoking the license and the grounds therefor. At said hearing, the license holder or its representatives may present oral or written evidence in support of the continuance of its license and may confront and question any witnesses or evidence in opposition to the continuation of its license. Although rules of evidence do not apply, any decision will be based on credible evidence of violation of the requirements as stated herein.
(Ord. 879, passed 12-18-2012)
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