Windsor Municipal Code Art. 5 Denial, Suspension, and Revocation of License

When the Chief of Police denies renewal of a license, the applicant shall not be issued a license for one (1) 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 ninety (90) days have elapsed since the date denial became final.

(Ord. No. 2007-220 § 4 (part))

The Chief of Police shall suspend a license for a period not to exceed thirty (30) days if he or she determines that a licensee or an employee of a licensee has:

a. Violated or is not in compliance with any section of this chapter; or

b. Refused to allow an inspection of the adult-oriented business premises as authorized by this chapter.

(Ord. No. 2007-220 § 4 (part))

a. The Chief of Police shall revoke a license if a cause of suspension in Section 3-21-505 occurs and the license has been suspended within the preceding twelve (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 Town;

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 in the case of an adult-oriented businesses performer, the performer has engaged in one (1) of the activities described below 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 act relating to obscene matter or distribution of harmful matter to minors.

3. The building, structure, equipment or location used by the adult-oriented business fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements of the Town, as set forth in Chapter 27.34, all applicable State, and Federal requirements of a similar nature that are customarily enforced by the Town, and all provisions of these regulations and this Code relating to an adult-oriented business, including the adult-oriented business development and performance standards and regulations.

4. 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 (1) year, and the licensee shall not be issued an Adult-Oriented Business License for one (1) 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 ninety (90) days have elapsed since the date the revocation became effective.

(Ord. No. 2007-220 § 4 (part))

a. On determining that grounds for license revocation or suspension 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 Town Manager, and the grounds upon which the hearing is based, the pertinent Code sections 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 (10) 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 (7) days after the hearing. The notice shall include the time limits for expedited judicial review as set forth in the California Code of Civil Procedure Section 1094.8. If the hearing officer finds and determines that there are grounds for revocation or suspension, the Chief of Police shall do either of the following:

1. Suspend the license for a specified period of time not to exceed three (3) months for the first offense;

2. Revoke the license for any second offense, or for any first offense for matters prohibited by Section 3-21-510.b.

(Ord. No. 2007-220 § 4 (part))

All decisions of the hearing officer to issue, renew, deny, suspend or revoke a license are final. The applicant or licensee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, including judicial review pursuant to Section 1094.8 of the California Code of Civil Procedure.

(Ord. No. 2007-220 § 4 (part))

License applications required by Articles 3 and 4 above and all information contained therein shall be confidential. Absent an order from a court of competent jurisdiction, the Town shall not disclose for public review the applications or the information contained therein.

(Ord. No. 2007-220 § 4 (part))