§ 10.5-104. Cancellation or revocation of license.

(a)

False information . In the event the division of development services learns or finds upon sufficient cause that a license was granted based upon material false information, misrepresentation of material fact, or mistake of fact or law, it shall forthwith cancel the license and notify the licensee of the cancellation. Failure to list an individual required to be listed, pursuant to section 10.5-93 and whose listing would result in a denial pursuant to section 10.5-97, is presumed to be a material false information for purposes of cancellation of the permit; the certification that the licensee owns, possesses, operates, and exercises control over the proposed or existing adult use establishment is a material representation for purposes of this section.

(b)

Convictions for violations :

(1)

In the event one or more convictions for a specified criminal act or a conviction for violation of sections 10.5-106 through 10.5-108, inclusive, of this division of either the licensee, the licensee's operator or employee, or of any of the other individuals listed pursuant to section 10.5-93, occur at an adult use establishment which has had a license suspended for a period of one hundred eighty (180) days pursuant to subsection 10.5-103(c)(3) and the conviction(s) occur(s) 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 one hundred eighty (180) days, but not including any time during which the license was suspended for one hundred eighty (180) days, the division of development services shall forthwith revoke the license and notify the licensee of the revocation.

(2)

The transfer or renewal of a license pursuant to this division shall not defeat the terms of subsection 10.5-103(b)(1).

(c)

Effect of revocation . If a license is revoked, the licensee shall not be allowed to obtain another adult use license for a period of ten (10) years.

(d)

Effective date of revocation . The revocation shall take effect five (5) days after the date the division of development services mails the notice of revocation to the licensee.

(Ord. No. 92-25, § 15, 9-1-92; Ord. No. 01-05, § I, 2-13-01)