Sec. 150.212. - Suspension and revocation of license.

(a) The Sheriff is given full power to suspend, for 15 days, any license issued under this Chapter, where the Sheriff determines, upon sufficient cause, that: (1) The licensee, his or its agents, officers, servants or employees, maintain or continue to maintain a nuisance on the licensed premises. (2) The licensed premises are unsanitary as certified by the Public Health Unit. (3) The licensed premises are unsafe, as certified by the Building Inspection Division or by the Chief, Fire Prevention. (4) The licensee, his or its agents, officers, servants or employees, on the licensed premises, or elsewhere while in the scope of employment, violated any provision of this Chapter or any rule of the Sheriff made pursuant to the authority granted in Section 150.202 . Whether or not the licensee, his or its agents, officers, servants or employees have been convicted of a violation shall not be considered in proceedings before the Sheriff for suspension or revocation of license. (b) Before the Sheriff shall suspend or revoke a license, he shall furnish the licensee a written statement, by certified or registered mail or by personal service, of the cause for suspension or revocation of the license and the length of time of suspension. The Sheriff shall, within 20 days of notification, refer the matter to a County Court judge, who shall hold a hearing for the sole purpose of determining whether just cause exists for the suspension or revocation. For purposes of this subsection, a violation shall be deemed committed, by the County Court judge, based upon clear and convincing evidence submitted at the hearing. A finding of violation at a suspension or revocation hearing shall not establish precedent or be used in any civil or criminal penalty proceeding. This suspension or revocation process is intended to apply retroactively to all adult entertainment licenses currently existing and to those prospectively issued hereinafter. The suspension or revocation of a license shall not become effective until the Sheriff obtains a final order authorizing the suspension or revocation or the parties stipulate otherwise. In any judicial review, whether review is brought by the applicant or the Sheriff, the Sheriff shall have the burden of demonstrating the validity of the proposed suspension or revocation. (c) The license shall be suspended for a period of six months if more than five violations of this Chapter have been committed during any six-month period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation. (d) The license shall be revoked if more than ten violations of this Chapter have been committed during any one-year period by the licensee, or any office, employee, agent servant, or independent contractor of the licensee if each violation was due to acts of such persons and which acts were done within such officers', employees', agents' or servants' scope of authority under the owner. For purposes of this subsection, multiple violations of this Chapter on a single day shall be considered a single violation. (e) The suspension or revocation of a license shall not become effective until approved by a trial court of competent jurisdiction. (f) A licensee may operate until such time as the suspension or revocation shall become effective as set forth in subsection (e) of this Section. (Ord. 77-257-256, § 1; Ord. 79-684-339, § 3; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 5; Ord. 2003-755-E, § 4; Ord. 2020-74-E , § 4) Note— Former § 410.212.