§ 4-67. Revocation or suspension.

(a)

The director shall have the authority to request the revocation of a permit for any one or more of the following reasons:

(1)

The owner or operator of the permitted enterprise negligently allowed a person under 18 years of age to enter an enterprise during the hours of operation;

(2)

The enterprise, owner or operator negligently failed to comply with a duty or requirement imposed by this article;

(3)

Three or more cumulative violations of any of the offenses contained in V.T.C.A., Penal Code ch. 21, ch. 43, § 22.011 or § 22.021, or of the offenses contained in this article have occurred on the premises of a class I enterprise. These violations must have occurred in a consecutive period of 12 months, and the owner, operator or any manager licensed under division 2 of this chapter:

a.

Knowingly allowed such violations to occur;

b.

Did not make a reasonable effort to prevent the occurrence of such violations; or

c.

Should have known that such violations were occurring or did occur;

(4)

The operator of the permitted enterprise gave materially false, fraudulent or untruthful information on the original or renewal application;

(5)

The enterprise has not been open for business for a period of 30 consecutive days, unless due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circumstances, to open or reopen the establishment;

(6)

The permit was erroneously issued in contravention of the criteria of this article;

(7)

The enterprise or enterprise owner is convicted of a criminal offense contained in subsection 4-62(e)(1)b.; or

(8)

Refusal, after notification to comply with valid orders of the building official, fire marshal, health official, electrical inspector or zoning official pursuant to the rules and regulations set forth in this Code.

(b)

Prior to revocation of a permit, the director shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, shall notify the owner(s) and operator in writing of reasons for the revocation. Subject to a request for hearing pursuant to this section, the revocation shall become final on the eleventh day after delivery of the notice.

(c)

The enterprise or its designated agent shall have the opportunity to appear before the city council upon written request submitted to the director within ten days of delivery of the notice of revocation. The hearing shall be held on the date of the next regularly scheduled council meeting after the director's receipt of the written request for a hearing, provided that proper notice is given. The hearing shall be conducted to ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel.

(d)

Upon finding that the facts presented at the hearing support a finding that grounds exist for revoking or suspending the SOBP, the city council may request that the parties present relevant evidence to show whether suspension or revocation of the SOBP is more appropriate. The hearing examiner may also request that evidence be presented for the purpose of identifying appropriate conditions to be attached to an SOBP if the SOBP is suspended.

(e)

If, after the hearing, the city council finds that the permit should be revoked, it shall issue a written order revoking such permit which shall be effective as provided on the third day after notice thereof is given to the operator.

(f)

If the city council determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, it may suspend the operation of the permit for a period of time to be stated in the order of suspension, not to exceed two months. The city council shall issue a written order suspending the SOBP and attaching conditions, if applicable, effective upon notice to the enterprise as provided on the third day after notice thereof is given to the operator.

(g)

Upon the finding that item (a)(4), (5), (6) or (7) above has been violated, revocation of the SOBP shall be mandatory.

(h)

Revocation shall be subject to the hearing provisions of this section except revocation shall take immediate effect upon notice by the director, subject to reinstatement resulting from an appeal, when:

(1)

There is a necessity for immediate action to protect the public from injury or imminent danger; or

(2)

An SOBP was issued based on a material misrepresentation in the application and but for the material misrepresentation the SOBP would not have been issued. This revocation shall be appealed as though the SOBP had been denied using the procedures set out in section 4-63.

(Ord. No. 8301, § 3, 6-11-98)