§ 20-350. Enforcement.

(a)

Suspension:

(1)

Violation of regulations: In the event a licensed adult entertainment establishment is operating in violation of a building, fire, or zoning code, statute, ordinance or regulation, whether federal, state, or local, or the respective requirements of division 3 of this article, the appropriate agency shall notify promptly the code and zoning enforcement division, which shall notify the licensee of the violation. The licensee shall have ten (10) business days in which to correct the violation. If the licensee fails to correct the violation within ten (10) business days, the agency shall notify the code and zoning enforcement division, which shall schedule a hearing before the code enforcement board or a hearing officer. If the code enforcement board or the hearing officer determines that a licensed establishment is in violation of a building, fire, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, or the respective general requirements of section 20-361, the code and zoning enforcement division shall notify the occupational licensing section, which shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the code and zoning enforcement division notifies the occupational licensing section in writing that the violation of the provision in question has been corrected. Nothing in this section shall take away other enforcement powers of the code enforcement board or any other agency provided by the County Code or statute.

(2)

Illegal transfer: Upon the written notification by one (1) of the agencies that a licensee is engaged in a license transfer contrary to section 20-348, the occupational licensing section shall officially suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until all of the requirements of this section have been satisfied and a new license has been issued by the occupational licensing section.

(3)

Violations of divisions 3 and 4 of this article:

a.

In the event two (2) or more convictions for violations of the rules and regulations within divisions 3 and 4 of this article or of any health code, statute or regulation occur within a two-year period, the occupational licensing section shall, upon notification of the date of the second conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of sixty (60) days.

b.

In the event one or more convictions for violations of the rules and regulations of divisions 3 and 4 of this article or of any health code, statute or regulation occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for sixty (60) days under paragraph a above, the occupational licensing section shall, upon notification of the date of the first conviction, suspend the license again and notify the licensee of the suspension. The time during which the license was suspended for sixty (60) days shall not be included within the two-year period. The suspension shall remain in effect for a period of ninety (90) days.

c.

In the event one (1) or more convictions for violations of a rule or regulation of divisions 3 and 4 of this article or of any health code, statute or regulation occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for ninety (90) days under paragraph b, the occupational licensing section shall, upon notification of the date of the first conviction, suspend the license again and notify the licensee of the suspension. The time during which the license was suspended for ninety (90) days shall not be included within the two-year period. The suspension shall remain in effect for a period of one hundred eighty (180) days.

d.

The renewal of, or new application for, a license pursuant to this code shall not defeat the terms of this section.

(4)

Effect of suspension: If a license is suspended, all operations within the adult entertainment establishment shall cease for the period of the suspension, and the license shall be suspended for the suspension period. The division of alcoholic beverages and tobacco shall be notified of the suspension, and no other person shall be allowed to operate an adult entertainment establishment at that location for a period of six (6) months.

(5)

Effective date of suspension: All periods of suspension shall begin fifteen (15) days, including Saturdays, Sundays, and holidays, after the date the occupational licensing section mails the notice of suspension to the licensee or on the date the licensee surrenders his or her license to the occupational licensing section, whichever occurs first.

(b)

Revocation:

(1)

False information: In the event it is learned or found, or upon sufficient cause that a license was granted based upon false information, misrepresentation of fact, or mistake of fact by the licensee or his or her agent, the respective agency that has knowledge of the false information shall notify the occupational licensing section. The occupational licensing section shall notify the licensee in writing of the occupational licensing section's intent to revoke the license. The licensee shall have ten (10) days from the date of receipt of the notification to request a hearing. The hearing shall be scheduled before the code enforcement board or a hearing officer. If the licensee does not request a hearing, the license shall be considered revoked ten (10) days after the receipt of the notification. If the licensee does request a hearing, the license shall remain in effect during the pendency of the action before the code enforcement board or the hearing officer.

(2)

Convictions for violations of divisions 3 and 4 of this article: In the event one or more convictions for violations of divisions 3 or 4 of this article or of any health code, statute or regulation occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for a period of one hundred eighty (180) days pursuant to subsection (a)(4) of this section, the occupational licensing section shall forthwith revoke the license and notify the licensee of the revocation. The time during which the license was suspended for one hundred eighty (180) days shall not be included within the two-year period.

(3)

Effect of revocation: If a license is revoked, the licensee shall not be allowed to obtain another adult entertainment license for a period of two (2) years, and no license shall be issued during that time period to another person for the location and premises upon which the adult entertainment establishment was situated.

(4)

Effective date: The revocation shall take effect fifteen (15) days, including Saturdays, Sundays, and holidays, after the date the occupational licensing section mails the notice of revocation to the licensee or on the date the licensee surrenders his or her license to the occupational licensing section, whichever occurs first.

(Ord. No. 93-18, § 2.10, 7-13-93)