Westlake Village Municipal Code Part IV Suspension and Revocation of Permits

A. The Director may suspend or revoke an adult entertainment regulatory permit issued under this Part 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 business has knowingly failed to comply with any of the requirements of this Part.

3. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the business has committed a misdemeanor or felony in the conduct of the business.

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

5. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the business has knowingly allowed or permitted the occurrence of nuisance activities on the premises of the business. For purposes of this Section, "nuisance activities" shall mean any of the following: disturbances of the peace; public drunkenness; drinking in public; harassment of passerby; illegal parking by patrons; public urination; loitering; excessive littering; and loud noises.

6. The permittee, or an employee, owner, agent, partner, director, stockholder, or manager of the business has knowingly allowed or permitted the occurrence of violations of this Chapter on the premises of the business.

7. The business has been substantially enlarged without City approval.

8. The permittee has failed to abide by disciplinary action previously imposed by the Director.

B. The Director may 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 the permit, or in any report or record required to be filed with the City.

2. The permittee has engaged in one or more 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 that requires registration under California Penal Code Section 290;

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

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 the Director.

(Ord. No. 166-00, Enacted, 9/27/00)

A. The Director shall furnish the permittee written notice and an opportunity for a hearing prior to imposing any disciplinary action. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the proposed disciplinary action 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. Upon determining that there are sufficient grounds for disciplinary action, the Director may take any of the following actions:

1. Issue a warning.

2. Impose such conditions on the adult entertainment regulatory permit or adult entertainer permit as deemed appropriate in order to protect the public health, safety and welfare.

3. Suspend the adult entertainment regulatory permit or adult entertainer permit for a specified period not to exceed six (6) months.

4. Revoke the adult entertainment regulatory permit or adult entertainer permit.

D. The Director shall issue written findings in conjunction with the imposition of any disciplinary action. The Director shall not revoke an adult entertainment regulatory permit unless the following findings can be made: (1) prior governmental efforts to cause the permittee to eliminate the problems associated with the business have been unsuccessful; and (2) the permittee has failed to demonstrate a willingness and ability to eliminate the problems associated with the business.

E. The decision of the Director may be appealed to the Hearing Officer in accordance with Part 5 of this Chapter.

(Ord. No. 166-00, Enacted, 9/27/00)