Citrus Heights Municipal Code Div. 5 Denial, Suspension and Revocation of Licenses

When the chief of police denies renewal of a license issued pursuant to this article, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

(Ord. No. 99-06, § 6(4.34.500), 2-24-1999)

The chief of police shall suspend a license issued pursuant to this article for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee has:

(1) Violated or is not in compliance with any section of this article; or

(2) Refused to allow an inspection of the adult-oriented business premises as authorized by this article.

(Ord. No. 99-06, § 6(4.34.505), 2-24-1999)

(a) The chief of police shall revoke a license issued pursuant to this article if a cause of suspension in section 22-377 occurs and the license has been suspended within the preceding 12 months.

(b) The chief of police shall revoke a license for any of the following causes arising from the acts or omissions of the licensee or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:

(1) A licensee knowingly gave false, misleading, or fraudulent information in the material submitted during the application process or in any report or record required to be filed with the city.

(2) A licensee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted and has failed to make a reasonable effort to prevent the occurrence of any of the following acts on the premises of the adult-oriented business or, for an adult-oriented businesses performer, the performer has engaged in one of the following activities while on the premises of an adult-oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation, with the exception of adult motels unless the licensee or employee of the adult motel knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view;

b. Use of the adult-oriented business as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur; or

c. The occurrence of specified criminal activities, including acts of lewdness, assignation, or prostitution, or acts relating to obscene matter or distribution of harmful matter to minors.

(3) A licensee knowingly operated, performed or was employed at the adult-oriented business during a period of time when the licensee's license was suspended.

(c) When the chief of police revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult-oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.

(Ord. No. 99-06, § 6(4.34.510), 2-24-1999)

(a) On determining that grounds for revocation or suspension of a license issued pursuant to this article exist, the chief of police shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing to be conducted by a hearing officer appointed by the city manager, the grounds upon which the hearing is based, the pertinent Code section at issue, and a brief summary of the facts in support of the suspension or revocation. The notice shall be mailed, postage prepaid, to the last known address of the licensee or shall be delivered to the licensee personally, at least ten working days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious matters may be admitted. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness.

(b) Notice of the hearing officer's decision shall be mailed to the applicant or licensee no later than seven days after the hearing. If the hearing officer finds and determines that there are grounds for disciplinary action, the chief of police shall do either of the following:

(1) Suspend the license for a specified period of time not to exceed three months for the first offense.

(2) Revoke the license for the second offense.

(Ord. No. 99-06, § 6(4.34.515), 2-24-1999)

(a) All decisions of the chief of police to issue, renew, deny, suspend or revoke a license issued pursuant to this article are final within 30 calendar days. After any denial or a suspension or revocation, the applicant or licensee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law. Notwithstanding the applicant's or licensee's right to initiate judicial review, the city shall, upon the written request of an aggrieved applicant or licensee, within three business days of its receipt of the request, file an action with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, revocation, or suspension.

(b) If the city denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial or makes a written request in the manner set forth in this section that the city commences such action, the city shall issue a temporary license. This temporary license shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, etc., as to the propriety of the denial.

(c) If, upon request, the city files such action seeking judicial review or the aggrieved applicant or licensee files the action, the city's revocation or suspension of the license will be stayed pending a judicial decision on the propriety of the denial based upon an application for a temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.

(d) Any temporary license issued pursuant this article shall not grant any vested rights on the holder of the temporary license.

(Ord. No. 99-06, § 6(4.34.520), 2-24-1999)

The city deems confidential license applications required by divisions 3 and 4 of this article and all information contained therein. Absent an order from a court of competent jurisdiction, the city shall not disclose for public review the applications or the information contained therein.

(Ord. No. 99-06, § 6(4.34.525), 2-24-1999)