§ 1-10-131. Suspension of license.

(a)

Illegal transfer. In the event the licensee is convicted of a license transfer contrary to section 1-10-129 of this article, the community development department shall notify the licensee of its intent to suspend the license. The suspension, once effective, shall remain in effect until the requirements of section 1-10-129 of this article have been met.

(b)

Conviction for violations of this article. The two-year period referenced in this subsection applies to the dates of the specified criminal acts and violation of sections 1-10-133 through 1-10-140 of this article, regardless of the date of conviction.

(1)

In the event three (3) or more violations of a specified criminal act, violations of sections 1-10-133 through 1-10-140 of this article, violations of a building, fire, or zoning code, statute, ordinance or regulation, whether federal, state, or local, occur at a sexually oriented business within a two-year period, and convictions result from at least three (3) of the violations, of the licensee, the operator, the employees, or of any of the individuals listed pursuant to subsection 1-10-122(b)(1) of this article, the community development department shall, upon the date of the third conviction, notify the licensee of its intent to suspend the license, or the operator of an unlicensed business of its intent to suspend operation of the business. The suspension, once effective, shall remain in effect for a period of thirty (30) days. For the purposes of this subsection (b)(1) only, in the event that a single occurrence of enforcement results in more than one (1) conviction, the total number of convictions shall be combined into a single violation. "Single occurrences of enforcement" are enforcement actions occurring at the same location and less than four (4) hours apart. Enforcement actions occurring more than four (4) hours apart or at different locations resulting in convictions are separate violations for purposes of this subsection.

(2)

In the event one (1) or more violations of a specified criminal act, a violation of sections 1-10-133 through 1-10-140 of this article, violations of a building, fire, or zoning code, statute, ordinance or regulation, whether federal, state, or local, occurs at the sexually oriented business within a period of two (2) years and thirty (30) days from the date the most recent conviction which was the basis of the suspension for (30) days under subsection (b)(1) of this section, and a conviction results from one (1) or more of the violations, of the licensee, the operator, the employees, or of any of the individuals listed pursuant to subsection 1-10-122(b)(1) of this article, the community development department shall, upon the date of the first conviction, notify the licensee of its intent to suspend the license, or the operator of an unlicensed business of its intent to suspend operation of the business. The suspension, once effective, shall remain in effect for a period of ninety (90) days.

(3)

In the event that one (1) or more violations of a specified criminal act or violations of sections 1-10-133 through 1-10-140 of this article occurs within a period of two (2) years and ninety (90) days from the most recent conviction which was the basis for the suspension for ninety (90) days under subsection (b)(2) of this section, and a conviction results from one or more of the violations, of the licensee, the operator, the employee, or of or any of the individuals listed pursuant to subsection 1-10-122(b)(1), the community development department shall, upon the date of the first conviction, notify the licensee of its intent to suspend the license, or the operator of an unlicensed business of its intent to suspend operation of the business. The suspension, once effective, 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 (b)(1) through (b)(3) of this section.

(c)

Effective date of suspension. All periods of suspension shall begin thirty-five (35) days after the date the community development department mails the notice of suspension to said licensee, or the operator of a business operating under section 1-10-125 of this article, or on the date the licensee delivers his license to the community development department, whichever happens first. Said licensee or operator shall within thirty-five (35) days from the date of mailing of the aforementioned notice request a hearing before the county administrator or his designee. Such hearing shall be commenced within thirty (30) days of the date of the request for the hearing. In the event that the suspension decision is appealed pursuant to section 1-10-118 of this article, subsequent to the hearing before the county administrator or his designee, the effective date of suspension shall begin upon issuance of the mandate of the court having jurisdiction over the appeal.

(Ord. No. 99-036, § 1, 9-20-99)