Sec. 44-979. - Permits non-transferable; use specific.

No adult oriented business permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult oriented business from one element of an adult oriented business to another element of an adult oriented business shall also render the permit null and void. An adult oriented business permit shall only be valid for the exact location specified on the permit.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-980. - Revocation.

(a)

Revocation grounds. The City Manager may revoke an adult oriented business permit when he or she discovers that any of the following have occurred:

(1)

Any of the findings/operational and locational requirements contained in Article II are violated. A permit shall not be revoked for a violation if the accused can show, by clear and convincing evidence, that he or she did not know, and could not have reasonably learned, that the person on the premises was under the required age.

(2)

The application contains incorrect or false information.

(3)

The applicant is convicted of any felony or misdemeanor which is classified as a sex or sex-related offense, including, Penal Code §§ 220, 261, 262, 264, 264.1, 265, 266 (including 266(a) through 266(k)), 267, 286.5, 288, 288(a), 289, 647, 647(b), 647(d), and 647.6 or any violation of the City's massage ordinance, or any violation of any other adult oriented business ordinance of any other City, County, or State.

(4)

Any person who has been convicted of a sex-related offense including, those offenses listed in subsection (a)(3) as a result of his or her activity on the premises of the adult oriented business.

(5)

Any person has engaged in any active obscenity on the premises; or

(6)

Any person has engaged in any act of public nudity.

(b)

Revocation notice. Upon determining that the grounds for permit revocation exist, the Community Development Director shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee may appeal the decision within 15 calendar days of the posting or the postmark date on the notice. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as the permittee's name and address appear on the permit. Not later than 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the Community Development Director's determination with the City Clerk. The appeal shall state the specific basis for the appeal. If the appeal is filed within 15 calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (c).

(c)

Hearing on appeal. Upon receipt of a written request for an appeal hearing, the City Manager shall provide the applicant with a list of five potential hearing officers. The applicant shall pick one of the names from the list to act as the hearing officer. The applicant shall have the opportunity, but not the obligation, to pay 50 percent of the cost of the hearing officer. Unless jointly agreed to by the City and the permittee, the hearing officer shall conduct the hearing within 45 days of receipt of the notice of appeal. Written notice of the time, date, and place of the hearing shall be provided to the appellant/permittee no later than 15 calendar days prior to the date of the hearing. At the hearing, the appellant/permittee and the City shall be given the opportunity to present relevant evidence and call witnesses. The hearing officer shall not be bound by the formal rules of evidence in conducting the hearing.

(d)

Reapplication after revocation. No person, corporation, partnership, or member thereof or any other entity may obtain an adult oriented business permit for a business for a two-year period once its permit has been revoked.

(e)

Maintenance of status quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.

(Ord. No. 2015-01, § 3, 5-5-2015)