§ 3.5-69. Suspension.

(a)

Violation of building, fire, health, or zoning regulations. In the event a 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 3.5-91, the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period, the department shall notify the community development department, who shall forthwith suspend the license, and shall notify the licensee of the suspension. The suspension shall remain in effect until the department which reported the violation notifies the community development department in writing that the violation of the provision in question has been corrected.

(b)

Illegal transfer. In the event the community development department learns or finds upon sufficient cause that a licensee [is] engaged in a license transfer contrary to section 3.5-67, it shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until the community development department is satisfied that the requirements of subsection 3.5-67(a) have been met.

(c)

Convictions for violations.

(1)

In the event three (3) or more violations of any specified criminal act occur at an adult entertainment establishment within a two-year period, and convictions result from at least three (3) of the violations, the community development 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 any specified criminal act occur at the same establishment within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for thirty (30) days under subsection 22(c)(1), but not including any time during which the license was suspended for thirty (30) days, and a conviction results from one (1) or more of the violations, the community development department shall, upon receiving evidence of the first conviction, 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 any specified criminal act occur at the same establishment within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for ninety (90) days under subsection (c)(1), but not including any time during which the license was suspended for ninety (90) days, and a conviction results from one (1) or more of the violations, the community development department shall, upon receiving evidence of the first conviction, 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 code [article] shall not defeat the terms of subsections (c)(1) through (3).

(d)

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

(Ord. No. 96-10, § 1(22), 6-25-96)