Fairfield Municipal Code Art. IV Suspension and Revocation of Permits

(a) The director shall suspend or revoke an adult entertainment regulatory permit for the following causes:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application, or in any report or record required to be filed with the city.

(2) The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult entertainment business has knowingly failed to comply with any of the requirements of this chapter.

(3) The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult entertainment business has knowingly allowed or permitted the occurrence of criminal activity on the premises of the adult entertainment business.

(4) The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult entertainment business has committed a misdemeanor or felony in the conduct of the business.

(5) The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the adult entertainment business has failed to abide by any disciplinary action previously imposed by an authorized city official.

(6) The approved use has been substantially enlarged without city approval.

(b) The director shall suspend or revoke an adult entertainer permit for the following causes:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with the city.

(2) The permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:

(a) Unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(b) Unlawful solicitation of sexual intercourse, sodomy, oral copulation, or masturbation.

(c) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

(d) Lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

(e) An act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors including, but not limited to, Sections 311 through 313.4.

(f) Any conduct prohibited by this chapter.

(3) Failure to abide by disciplinary action previously imposed by an authorized city official.

(a) On determining that grounds for permit revocation exist, the director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed suspension or revocation is based. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be personally delivered to the permittee, at least ten (10) days prior to the hearing date.

(b) Hearings shall be conducted in accordance with procedures established by the director. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(c) After holding the hearing in accordance with this section, upon determining that there are sufficient grounds for disciplinary action, the director shall impose one of the following penalties:

(1) A warning;

(2) Suspension of the permit for a specified period not to exceed six (6) months;

(3) Revocation of the permit. The director may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take appropriate corrective action.