§ 22-176. Suspension; revocation; denial of ID card; hearings.

(a)

The licensing authority may suspend or revoke any license granted pursuant to this chapter upon a finding of the following that:

(1)

At least two disturbances of the public peace within a 12-month period involving patrons, agents, or employees, or the licensee of the establishment have occurred on the licensed premises;

(2)

The licensee or any agents or employees thereof have illegally offered for sale or illegally and knowingly allowed to be sold or consumed upon the licensed premises fermented malt beverages, or malt, vinous, or spirituous liquors, unlawful controlled substances, including marijuana, as defined in C.R.S. § 18-18-101 et seq., as amended;

(3)

The licensee or any agents or employees thereof permitted patrons to engage in public displays of indecency prohibited by section 62-41 of this Code, or permitted patrons or employees to engage in acts of prostitution or negotiations for acts of prostitution on the licensed premises when the licensee or agent or employee knew or should have known such displays or acts were taking place;

(4)

The licensee made a false statement or gave false information in connection with an application for or renewal of a massage parlor license;

(5)

The licensee violated or knowingly permitted a violation of any provision of this article;

(6)

The licensee or any agents or employees thereof is under the age of 18 years;

(7)

The licensee, in the case of a corporation or limited liability company, is not in good standing or authorized to do business in the state;

(8)

The licensee or any employee knowingly operated the massage parlor during a period of time when the massage parlor was suspended;

(9)

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

(10)

The licensee or any employee has allowed any act of sexual intercourse, sodomy, oral copulation, or masturbation to occur on the licensed premises; or

(11)

The licensee is determined to be a person prohibited as a licensee, pursuant to section 22-177.

(b)

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

(c)

A licensee shall be entitled to a hearing before the licensing authority if the city seeks to suspend or revoke a license.

(1)

When there is probable cause to believe that a licensee has committed or has allowed to be committed acts which are grounds for suspension or revocation under this article, a written complaint shall be filed setting forth the circumstances of such acts.

(2)

The licensing authority shall provide a copy of the complaint to the licensee, together with notice to appear before the licensing authority 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 60 days of the date of violation alleged in the complaint, unless licensee waives such time period.

(3)

At such hearing, the licensing authority shall hear and consider relevant evidence from any witness. Evidence in support of the charges shall be given first, followed by cross-examination of those testifying thereto. The licensee shall then be permitted to give evidence in defense and in explanation, and shall be allowed to give evidence and statements in mitigation of the charges. In the event the licensee is found to have committed the violation charged, evidence and statements in mitigations and in aggravation of the offense shall also be permitted. The licensing authority shall make findings of fact and conclusions of law from the evidence as to whether a violation has occurred. If the licensing authority determines that a violation did occur, it shall issue an order within 30 days after the hearing suspending or revoking the licensee's license based on its findings of facts. No suspension shall be for a longer period than six months. A copy of the findings and order shall be mailed by certified mail to or served on the licensee at the address on the license.

(4)

The order of the licensing authority made pursuant to subsection (3) of this section shall be a final decision and may be appealed to the district court to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. Failure of a licensee to appeal said order on a timely manner shall constitute a waiver of any right a licensee may otherwise have to contest the suspension or revocation of his license.

(d)

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

(Code 1981, § 16-16; Ord. No. 3292, § 1, 10-21-1996)

State law reference

Suspension and revocation, C.R.S. § 12-48.5-107.