Sec. 13-362.  Registration revocation.


(a)    The city council may revoke a registration if a cause of suspension in Section 13-361 occurs and the registration has been suspended within the proceeding 12months.


(b)    The city council shall revoke a registration if the council determines that:


(1)        A registrant gave false or misleading information in the material submitted during the application process;


(2)        A registrant or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;


(3)        A registrant or an employee has knowingly allowed prostitution on the premises;


(4)        A registrant or an employee knowingly operates the sexually oriented business during a period of time when the registrant's registration was suspended;


(5)        A registrant has been convicted of a specified criminal activity listed in Section 13-351.


(6)        On two or more occasions within a 24 month period, a person or persons committed an offense in or on the registered premises of a crime listed in Section 13-351 for which a conviction has been obtained and the person or persons convicted were registrants or employees of the sexually oriented business at the time the offenses were committed; or


(7)        A registrant or an employee of the sexually oriented business has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the registered premises.


(c)    The determination by the city council as to the existence of non-compliance with the above matters shall be made in open city council session after mailing notice of the hearing’s time, place and date to the registration holder or its representatives at least 10 calendar days in advance of said hearing, stating that council will consider revoking the registration and the grounds therefore. At said hearing, the registration holder or its representatives may present oral or written evidence in support of the continuance of its registration and may confront and question any witnesses or evidence in opposition to the continuation of its registration. Although rules of evidence do not apply, any decision will be based on credible evidence of violation of the requirements as stated herein.


(d)    After revocation, the registrant shall not be issued a sexually oriented business registration for two years from the date revocation became effective. If, subsequent to revocation, the city council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a registration if at least 90 calendar days have elapsed since the date revocation became effective and a corrective plan which addresses the violation and assures that the violation will not occur again is provided to the council. If the registration was revoked under subsection (b)(5) above, an applicant may not be granted another registration.


Source:  Ord. No. 5727, § 1, 4-19-21;