§ 1-10-132. Revocation of license.

(a)

False information. In the event the community development department learns or finds upon sufficient cause that a license was granted based upon material false information, misrepresentation, mistake of fact or law relevant to the decision, or omission of information material to the decision, it shall notify the licensee and shall provide no more than thirty (30) days during which the licensee may correct or explain the reason for the false, omitted, misrepresented, or mistaken information. If the licensee cannot correct the application to conform with the requirements of this article, the licensee will be subject to citation for violation of this article. A law enforcement officer may issue a citation for violation of this subsection. The licensee will be subject to all fines and penalties as provided in Charlotte County Code section 1-1-8 and under this article. In the event that the licensee is convicted or found in violation of this provision, he shall also be subject to cancellation of the license as provided in subsections (b)(3) and (b)(4) of this section.

(b)

Convictions for violations of this article.

(1)

If the licensee, the operator or employee, or any individual listed pursuant to subsection 1-10-122(b)(1) of this article, is convicted for one (1) or more specified criminal acts or for a violation of sections 1-10-135 through 1-10-140 of this article, and the conviction(s) was (were) for activities that occurred at a sexually oriented business which has had its license or operations suspended for a period of one hundred eighty (180) days pursuant to subsection 1-10-131(b)(3) of this article, and the conviction(s) occur(s) within a period of two and one-half (2½) years after the license or operation was suspended for one hundred eighty (180) days pursuant to subsection 1-10-131(b)(3), the licensee, or the operator of an unlicensed business operating under section 1-10-125 of this article, will be in violation of this provision and will be subject to revocation of his license, or the right to operate without a license under section 1-10-125 of this article.

(2)

The two-and-one-half-year time frame during which the license or operation is subject to revocation proceedings under subsection (b)(1), above, shall begin to run from the first day upon which the 180-day suspension takes effect.

(3)

Upon discovery of a violation as defined in subsection (b)(1) of this section, the community development department shall notify the licensee, or the operator of an unlicensed business operating under section 1-10-125 of this article, of its intent to revoke the license or the right to operate without a license under the conditions set forth in section 1-10-125 of this article. Said licensee or operator shall have thirty-five (35) days from the date of mailing the aforementioned notice to 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 hearing. The county administrator or his designee shall revoke the license or right to operate if he or she finds that the licensee or operator is in violation of this provision. The decision of the county administrator or his designee shall constitute final agency action, and may be appealed pursuant to section 1-10-118 of this article.

(4)

In the event that the licensee, or the operator of an unlicensed business operating under section 1-10-125 of this article, fails to make a timely request for hearing, the community development department shall revoke the license, or the right to operate under section 1-10-125 of this article, and notify said licensee or operator of the revocation and the reasons therefor.

(5)

The transfer or renewal of a license pursuant to this article shall not defeat the terms of subsection (b)(1) of this section.

(c)

Effect of revocation. If a license or the right to operate under section 1-10-125 of this article is revoked, the licensee shall not be allowed to obtain a sexually oriented business license for a period of ten (10) years.

(d)

Effective date of revocation. All revocations shall take effect thirty-five (35) days after the date the community development department mails the notice of revocation to said licensee or operator, or on the date the licensee delivers his license to the community development department, whichever occurs first. In the event the revocation decision is appealed pursuant to section 1-10-118, the effective date of revocation shall begin upon issuance of the mandate of the court having jurisdiction over the appeal.

(Ord. No. 99-036, § 1, 9-20-99)