§ 37.15. Permit suspension.

(a)

Suspension authorized for continuing violations. Subject to the following, the code enforcement division manager may suspend an adult entertainment facility permit if the adult entertainment facility is operating in violation of an applicable federal, state, or local law, ordinance, code, rule, regulation, or court order.

(1)

Procedures. Prior to suspending the permit, the code enforcement division manager must provide the permittee with a written notice of violation, including any evidence supporting the proposed suspension, and at least seven (7) days to correct the violation. If the violation is not corrected within the time allotted, the code enforcement division manager may issue an order suspending the permit until the violation is corrected. Notices and orders provided pursuant to this subsection must be provided by certified mail, return receipt requested, to the facility's address of record.

(2)

Appeal. At any time after the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the suspension. The request for a hearing must be in writing and stays the effect of a suspension order until after the hearing is held. The request must allege findings of fact and conclusions of law supporting the permittee's challenge. The code enforcement board shall hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(3)

Decision on appeal. Upon conclusion of the hearing, the code enforcement board shall make findings of fact, conclusions of law, and issue an order either suspending the permit until the violation is corrected or quashing the suspension.

(b)

Suspension authorized for non-continuing violations. Subject to the following, the code enforcement division manager may suspend an adult entertainment facility permit for a period not to exceed thirty (30) days if a worker of the respective facility violates an applicable federal, state, or local law, ordinance, code, rule, regulation, or court order at the facility.

(1)

Procedures. At least seven (7) days before suspending the permit, the code enforcement division manager must provide the permittee with a written notice of violation, including any evidence supporting the suspension. Notices and orders provided pursuant to this subsection must be provided by certified mail, return receipt requested, to the facility's address of record.

(2)

Appeal. At any time after the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the suspension. The request for a hearing must be in writing and stays the effect of a suspension order until after the hearing is held. The request must allege findings of fact and conclusions of law supporting the permittee's challenge. The code enforcement board shall hear the challenge at its next available regular meeting and shall conduct a de novo hearing in accordance with its regular rules of evidence and procedure.

(3)

Decision on appeal. Upon conclusion of the hearing, the code enforcement board shall make findings of fact, conclusions of law, and issue an order either suspending the permit or quashing the suspension.

(Ord. of 10-5-2009, § 1, Doc. #0910051105)