§ 10-73. Suspension of license.

(a)

Violation of health, building, zoning or fire provisions. If a premises licensed under this division is found in violation of health, building, zoning or fire provision of this article, the appropriate agency shall notify the licensee of the violation according to the standard procedures of the agency and shall follow its normal agency procedures for correcting the violations and shall grant the licensee the right to exhaust applicable administrative remedies. If the licensee fails either to correct the violation or to obtain an administrative reversal of the agency finding, the appropriate agency shall notify the city clerk, who shall forthwith initiate procedures for suspension of the license.

(b)

Other violations. If a jury or other trier of fact in a court of law finds that a licensee has violated any section of this article, whether or not an adjudication of guilt has been entered, the city clerk shall forthwith initiate procedures for suspension of license.

(c)

Procedure.

(1)

Generally. Upon receiving notice that a licensee has violated a section of this article, as provided in subsections (a) and (b) of this section, or any other county, state, federal or city statute, ordinance or resolution, the city clerk shall suspend all licenses issued for the premises where the violations occurred, unless otherwise provided in this subsection (c), and shall notify the licensee of his action. Notification shall be by certified mail or hand delivery and shall be sent to the address on the license application, which shall be considered the correct address.

(2)

Periods of suspension. A single violation by a licensee of this article shall result in suspension of the adult entertainment license for 30 days. Upon a second violation of this article within in a period of two years from the date of a prior violation of this article, but not including any time during which the license was suspended, the license shall be terminated permanently. Upon a third violation of this article within a period of two years from the first of three violations, but not including any time during which the license was suspended, the license shall be revoked. All periods of suspension shall begin on the 15th day from the date the city clerk mails a notice of suspension to the licensee or on the date the licensee delivers his license to the city clerk, whichever comes first.

(3)

Surrender of license required. If a licensee, after having been mailed notice of the suspension of his license in the manner provided in this subsection, fails to surrender his license to the city clerk within 15 days or fails otherwise to account for the license to the satisfaction of the city clerk, the license shall be terminated forthwith.

(d)

Reissuance. When a license is suspended for a violation of a health, building, zoning or fire provision of this article, as described in subsection (a) of this section, the license shall not be reissued until the violation is corrected.

(Code 1988, § 2.5-33)