Sec. 8-558. - Suspension and revocation.

(a)

The city council shall suspend or revoke a license if it is determined that a licensee or an employee of a licensee has:

(1)

Violated or is not in compliance with sections 8-556, 8-559, 8-560, 8-561, 8-562, 8-563, 8-564, 8-565, or 8-566;

(2)

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;

(3)

Refused to allow an inspection of the sexually oriented business premises as authorized by this article;

(4)

Knowingly permitted gambling by any person on the sexually oriented business premises;

(5)

Demonstrated an inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers;

(6)

Given false or misleading information in the material submitted to the city clerk during the application process;

(7)

Knowingly allowed possession, use, or sale of controlled substances on the premises;

(8)

Knowingly allowed prostitution on the premises;

(9)

Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(10)

Has been convicted of an offense listed in subsection 8-554(a)(8)a for which the time period required in subsection 8-554(a)(8)b has not elapsed;

(11)

On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 8-554(a)(8)a for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;

(12)

Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises;

(13)

Is delinquent in payment of city taxes or fees.

(b)

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

(c)

Subsection (a)(12) of this section does not apply to an adult motel as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

(Rev. Ords. 1987, § 8-437)