South El Monte Municipal Code § 5.25.260 Grounds for suspension or revocation

A. The city manager may suspend or revoke an adult business permit if the permittee knowingly has done any of the following:

1. Submitted a misleading or fraudulent statement of material fact in the application.

2. Failed to comply with the design standards or operational standards of this chapter.

3. Failed to prevent criminal activity on the property upon which the business is located.

4. Failed to prevent nuisance activity on the property upon which the business is located.

5. Substantially enlarged the square footage of the area devoted to the activities regulated herein without city approval.

6. Failed to abide by disciplinary action previously imposed by the city manager.

7. Failed to comply with any provision of this Code.

B. The city manager may suspend or revoke an erotic dancer permit if the permittee knowingly has done any of the following:

1. Submitted a misleading or fraudulent statement of material fact in the application.

2. Engaged in any of the activities described below while on the premises of an adult business:

a. Sexual activity with a patron.

b. Unlawful solicitation of sexual activity with a patron.

c. Transfer or use of unlawful narcotics.

d. Conduct prohibited by this Code.

3. Failed to abide by disciplinary action imposed by the city manager.

(Ord. 1065 §2, 2005)

A. The city manager shall furnish the permittee written notice and an opportunity for a hearing prior to suspending or revoking an adult business permit or erotic dancer permit. Such notice shall be provided at least ten days in advance and shall set forth the time and place of a hearing, and the ground(s) upon which the proposed permit suspension or revocation is based.

B. Hearings shall be conducted in accordance with procedures established by the city manager. 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 subsection may be continued for a reasonable time for the convenience of a party or a witness.

C. Upon determining that there are grounds for suspension or revocation of an adult business permit or erotic dancer permit, the city manager may take any of the following disciplinary actions:

1. Issue a warning.

2. Impose such conditions on the adult business permit or erotic dancer permit as deemed appropriate in order to protect the public health, safety and welfare.

3. Suspend the adult business permit or erotic dancer permit for a specified period not to exceed sixty days.

4. Revoke the adult business permit or erotic dancer permit.

D. The city manager shall issue written findings in conjunction with the imposition of any disciplinary action.

(Ord. 1065 §2, 2005)

Decisions of the city manager to impose disciplinary action shall be subject to prompt administrative and judicial review in accordance with Article 5 of this chapter.

(Ord. 1065 §2, 2005)