Sec. 151.208. - Suspension and revocation of license.

(a) The Sheriff is given full power to suspend, for 15 days, any dancing entertainment establishment license, where the Sheriff determines 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 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 Chapter 150 , excluding Section 150.606 (a)—(d). (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. (c) The license shall be suspended for a period of up to six months if two violations of this Chapter or Chapter 150 , excluding Section 150.606 (a)—(d), 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. (d) The license shall be revoked if three or more violations of this Chapter or Chapter 150 , excluding Section 150.606 (a)—(d), have been committed during any 12-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. (e) Prior to the suspension or revocation of any dancing entertainment license, the Sheriff shall 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 dancing 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. (f) 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. (g) A licensee may operate until such time as the suspension or revocation shall become effective as set forth in subsection (f) of this Section. (Ord. 2005-743-E, § 2; Ord. 2006-136-E, § 2; Ord. 2006-1127-E, § 7; Ord. 2020-74-E , § 5)