§ 37.16. Permit revocation.

(a)

Revocation. Subject to the following, the code enforcement division manager shall revoke an adult entertainment facility permit if:

(1)

Information provided in the application for the permit is false, deceptive, incorrect, or incomplete.

(2)

Information provided in a renewal request is false, deceptive, incorrect, or incomplete.

(3)

The permittee fails to comply with subsection 37.14(a) of this chapter.

(4)

The permit has been suspended three times in any two-year period.

(b)

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

(c)

Appeal. Within fourteen (14) days of the issuance of the notice of violation, the permittee may request a hearing before the code enforcement board to appeal the revocation. The request for a hearing must be in writing and stays the effect of a revocation 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.

(d)

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 revoking the permit or quashing the revocation.

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