§ 10.5-103. Suspension of license.

(a)

Violation of general provisions :

(1)

In the event a department learns or finds upon sufficient cause that a licensed adult use establishment is operating in violation of a building, fire, health, or land use statute, code, ordinance, or regulation, or this division, whether federal, state, or local, the division of codes compliance shall promptly notify the licensee of the violation and shall allow the licensee a ten-day period in which to correct the violation.

(2)

If the licensee fails to so correct the violation before the expiration of the ten-day period, the department shall notify the division of development services, who shall forthwith suspend the license and shall notify the licensee of the suspension.

(3)

The suspension shall remain in effect until the department notifies the division of development services, in writing, that the violation of the provision in question has been corrected. The division of codes compliance, or another department at their request, shall respond to a request for inspection within forty-eight (48) hours of receipt of such a request and shall, within forty-eight (48) hours of inspection, notify the licensee that the violation has or has not been corrected.

(4)

Within forty-eight (48) hours of receipt of notice that the violation(s) responsible for any suspension have been corrected, the division of codes compliance shall notify the licensee that the suspension is lifted.

(5)

During the suspension of its license, an adult use establishment may not operate as an adult use; or, pursuant to other applicable codes, ordinances, statutes, or court orders, where applicable, may not be open for business.

(b)

Illegal transfer . In the event the division of development services learns or finds, upon sufficient cause, that a licensee is engaged in a license transfer contrary to section 10.5-101, the division of development services shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until the division of development services is satisfied that the requirements of section 10.5-101 have been met.

(c)

Convictions for violations :

(1)

In the event three (3) or more violations of a specified criminal act or violations of sections 10.5-116 through 10.5-127 of this division occur at an adult use establishment within a two-year period, and convictions result from at least three (3) of the violations by either the licensee, the licensee's operator or employee, or of any of the other individuals listed pursuant to section 10.5-93, the division of development services shall, upon the date of the third conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of thirty (30) days.

(2)

In the event one or more violations of a specified criminal act or violations of sections 10.5-116 through 10.5-127 of this division occur at the adult use establishment within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for thirty (30) days under section 10.5-103(c)(1), but not including any time during which the license was suspended for thirty (30) days, and a conviction results from one or more of the violations, of either the licensee, the licensee's operator or employee, or of any of the other individuals listed pursuant to section 10.5-93, the division of development services shall, upon the date of the first conviction, suspend the license again, and notify the licensee of the suspension. The suspension shall remain in effect for a period of ninety (90) days.

(3)

In the event one or more violations of a specified criminal act or violations of sections 10.5-116 through 10.5-127 of this division occur within a period of two (2) years from the date of the violation from which the conviction resulted for which the license was suspended for ninety (90) days under subsection 10.5-103(c)(2), but not including any time during which the license was suspended for ninety (90) days, and a conviction results from one or more of the violations, of either the licensee, the licensee's operator or employee, or of any of the other individuals listed pursuant to section 10.5-93, the division of development services shall, upon the date of the first conviction, suspend the license again and notify the licensee of the suspension. The suspension shall remain in effect for a period of one hundred eighty (180) days.

(4)

The transfer or renewal of a license pursuant to this division shall not defeat the terms of subsections 10.5-103(c)(1) through (3).

(d)

Effective date of suspension . All periods of suspension shall begin five (5) days after the date the division of development services mails the notice of suspension to the licensee.

(Ord. No. 92-25, § 14, 9-1-92; Ord. No. 01-05, § I, 2-13-01)