§ 15-118. Suspension or revocation of permits.

An adult business permit or adult business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

(a)

On determining that grounds for permit suspension or revocation exist, the director shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent authority for the ground(s), and a brief statement of the factual matters in support of the proposed suspension or revocation. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. For adult business performer permits, the sheriff may report charges of suspected grounds for suspension or revocation to the director. The director may determine whether to proceed with suspension or revocation proceedings against an adult business performer permit either based on a report from the sheriff or based on other information.

(b)

Hearings shall be conducted by the planning commission. All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. Any permittee aggrieved by a decision of the planning commission may appeal the decision pursuant to section 15-119.

(c)

A permit may be subject to suspension or revocation for any of the following causes arising from the acts or omissions of the permittee, or an operator, employee, agent, partner, director, stockholder, or manager of an adult business:

(1)

The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or permit renewal, or in any report or record required to be filed with the county.

(2)

The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has performed, allowed, permitted, or failed to make a reasonable effort to prevent the occurrence of, any of the following on the premises of the adult business:

i.

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

ii.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

iii.

Any conduct constituting a criminal offense which requires registration under Penal Code section 290.

iv.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code sections 315, 316, 318, or 647(b).

v.

Any act constituting a violation of Penal Code provisions relating to obscene matter or distribution of harmful matter to minors, including but not limited to Penal Code sections 311 through 313.4.

vi.

Any conduct, act, omission or occurrence prohibited by or in violation of this article.

(3)

Failure to abide by a lawful suspension order previously imposed by the county or failure to comply with any condition of a permit or with any business development or performance standard specified in section 15-120.

(d)

After holding the hearing in accordance with the provisions of this section, if the planning commission finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the planning commission shall impose one (1) of the following:

(1)

A warning;

(2)

Suspension of the permit for a specified period not to exceed six (6) months; or

(3)

Revocation of the permit.

These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by state law or other county ordinance.

(e)

In addition to the foregoing, an adult business permit shall be deemed revoked and terminated if the use for which the permit was granted has ceased, been abandoned or been suspended for a period of twelve (12) or more consecutive months. The director may determine whether or not an adult business has ceased operation, been abandoned or been suspended within the meaning of this subsection. The director may mail notice of such a determination to the permittee, who may appeal the determination in the same manner as a permit denial under section 15-119.

(f)

If a permittee aggrieved by a suspension or revocation decision of the planning commission (or a determination under subsection (e)) fails to timely file an appeal with the board of supervisors within ten (10) days as provided by section 15-119, then the suspension or revocation decision or director determination shall take effect upon expiration of the ten-day period.

(Ord. No. 3619, § 4, 7-25-2000)