§ 22-59. Suspension or revocation of license.

(a)

The city manager or his designee may suspend a license for a period of not to exceed six months or revoke any license granted pursuant to this chapter upon a finding of any of the following factors:

(1)

That at least two disturbances of public peace have occurred on the licensed premises involving patrons, employees, or the licensee;

(2)

That the licensee or any employees thereof have illegally offered for sale or illegally and knowingly allowed to be consumed or possessed upon the licensed premises, controlled substances, as defined in C.R.S. § 18-18-102, as amended, or fermented malt beverages or any malt, vinous or spirituous liquors;

(3)

That the licensee or manager or his designee is not upon the licensed premises at all times that adult entertainment is being provided;

(4)

That adult entertainment was offered at the licensed premises during hours prohibited by section 22-62;

(5)

That the licensee, manager, or employee has knowingly allowed patrons to engage in public displays of indecency in violation of section 6-5 or section 62-41 or has knowingly allowed patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution on the licensed premises;

(6)

That the licensee or manager made a false statement or gave false information in connection with an application for a license or a renewal of a license;

(7)

That the licensee, manager, or employee knowingly violated or knowingly permitted a violation of any provisions of this chapter including the standards of conduct set out in section 22-81 herein;

(8)

That the licensee, manager, or any employee of the licensed premises is under the age of 18 years;

(9)

That the licensee, in the case of a corporation or other legal entity, is not in good standing or authorized to do business in the state;

(10)

That the licensee or an employee knowingly operated the adult business during a period of time when the adult business license was suspended;

(11)

That the licensee is delinquent in payment to the city or state for any taxes or fees past due;

(12)

That the licensee, manager, or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur within the licensed premises;

(13)

That the licensee or any other individual listed pursuant to section 22-53(a) has been convicted of or pleaded nolo contendere to any crime involving pandering, prostitution, obscenity, or any other crime that is connected with operating another sexually oriented business, in any jurisdiction, within five years from the date of the conviction to the date of the application;

(14)

On two or more occasions within a 12-month period, a person committed a crime, as specified in subsection (13) of this section, for which a conviction or plea of nolo contendere has been obtained, and the person were employees of the adult business at the time the offenses were committed; or

(15)

That the licensee failed to comply with the duty to promptly supplement material application information within 30 days from the date of change, as required by section 22-53(e).

(b)

Nothing in this chapter shall prohibit the city from taking any other enforcement action provided for by this Code, the Land Development Code, the laws of the state, or of the United States.

(c)

If the city seeks to suspend or revoke a license based on a violation of this article the licensee shall be entitled to a hearing before the city manager or his designee prior to any such suspension or revocation.

(1)

When there is probable cause to believe that a licensee has violated or permitted a violation of this article to occur on or near the licensed establishment, a written complaint shall be filed with the city manager or his designee setting forth the circumstances of the violation.

(2)

The city manager or his designee shall provide a copy of the complaint to the licensee, together with notice to appear for the purpose of a hearing on a specified date to show cause why the licensee's license should not be suspended or revoked. The hearing shall be held within 30 days of the date of filing of the complaint.

(3)

The hearing referred to above shall be conducted in accordance with the procedure set forth in chapter 2, division 2. If the city manager or his designee determines that a violation did occur, he shall issue an order suspending or revoking the license, within 20 days after the hearing is concluded, based on the findings of fact. A copy of the order shall be mailed by certified mail to the licensee at the address on the license.

(d)

The decision of the city manager made pursuant to this section shall be a final administrative decision subject only to judicial review in the Arvada Municipal Court as set forth in this section or, at the licensee's option, review by the district court, pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The failure of a licensee to seek review of such order within 30 days of the city manager's final administrative decision shall constitute a waiver of any right to contest the suspension or revocation of the license.

(1)

Review shall be limited to a determination of whether the city manager has exceeded his jurisdiction or abused his discretion, based on the evidence in the record before the city manager.

(2)

Review by the municipal court pursuant to this section shall be commenced by filing a complaint in the municipal court and service of the complaint on the city manager. Within 20 days of service of such complaint, the city manager shall transfer a certified copy of the entire administrative record to the municipal court and give notice to the plaintiff that the administrative record has been filed. The plaintiff shall advance the cost of preparing the record. The filing of an appeal with the municipal court shall stay the action appealed from until the municipal court renders its final decision.

(3)

Upon receipt of the complaint, the municipal court shall set a hearing on the matter for a date between 55 and 65 days from the date the complaint is filed.

(4)

The plaintiff shall file in the municipal court and serve on the city manager an opening brief within 15 days after the date upon which the administrative record is filed. The city manager may file in the municipal court and serve on the plaintiff an answer brief within ten days after service of plaintiff's brief. The plaintiff may file and serve on the city manager a reply brief within five days after service of the answer brief. No further briefs will be allowed.

(5)

Three days shall be added to the prescribed periods of time if service of any of the required briefs is made by mail. The plaintiff (but not the city manager) may request additional time to file its brief. Any such request, however, shall be deemed a waiver of the time limit set forth in subsection (d)(6) of this section.

(6)

The municipal court shall render a decision on plaintiff's complaint no later than 75 days from the date the complaint was served on the city manager. The decision of the municipal court may be appealed to the state district court.

(e)

In the event of suspension, revocation, or cessation of business, no portion of the license fee shall be refunded.

(f)

When a license has been revoked, the revocation shall continue for one year, and the licensee shall not be issued an adult business license for one year from the date on which revocation became effective.

(Code 1981, § 4-18; Ord. No. 3217, § 2, 9-18-1995; Ord. No. 3810, § 1, 6-16-2003)