§ 13-95. Suspension.

(a)

Violation of building, fire, health, or zoning statute, code, ordinance, or regulation. In the event the licensing department learns or finds upon sufficient cause that a licensed adult entertainment establishment is operating in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state, or local, contrary to the respective general requirements of section 13-102(1), the licensing department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. The seven day period may be extended if it is shown that the violations cannot be corrected within seven days and that the violations do not pose a present, immediate danger to the health, safety, and welfare. If the licensee fails to correct the violation in a timely manner the licensing department shall forthwith suspend the license, and shall notify the licensee of the suspension, The suspension shall remain in effect until the violation has been corrected.

(b)

Illegal transfer. In the event the licensing department learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 13-93, it shall forthwith suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect until the licensing department is satisfied that the requirements of section 13-93(a) have been met.

(c)

Convictions for violations of this article.

(1)

In the event three (3) or more violations of division 5 of this article occur at an adult entertainment establishment within a two-year period, and convictions or findings of violation (if by code enforcement board) result from at least three (3) of the violations, the licensing department shall, upon receiving evidence of the third conviction, suspend the license, and notify the licensee of the suspension. The suspension shall remain in effect for a period of thirty (30) days.

(2)

In the event one (1) or more violations of division 5 of this article occur at the establishment within a period of two (2) years from the date of the violation from which the conviction or finding of violation resulted for which the license was suspended for thirty (30) days under subsection (c)(1), but not including any time during which the license was suspended for thirty (30) days, and a conviction or finding of violation results from one or more of the violations, the licensing department shall, upon receiving evidence of the first conviction or finding of violation, suspend the license again, and notify the licensee of the suspension, The suspension shall remain in effect for a period of ninety (90) days.

(3)

In the event one (1) or more violations of division 5 of this article occur within a period of two (2) years from the date of the violation from which the conviction or finding of violation resulted for which the license was suspended for ninety (90) days under subsection (c)(2), but not including any time during which the license was suspended for ninety (90) days, and a conviction or finding of violation results from one (1) or more of the violations, the licensing department shall, upon receiving evidence of the first conviction or finding of violation, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of one hundred eighty (180) days.

(4)

The transfer or renewal of a license pursuant to this article shall not defeat the terms of subsections (c)(1) through (3)

(d)

Effective date of suspension. All periods of suspension shall begin ten (10) days after the date the licensing department mails the notice of suspension to the licensee or on the date the licensee delivers his license to the licensing department, whichever happens first.

(Ord. No. 93-9, § 20, 5-24-93)