§ 18-248. Suspension of business tax receipt.

(a)

For violation of a building, fire, health or zoning statute, code, ordinance or regulation. If the city manager learns or finds upon sufficient cause that a business taxed adult entertainment establishment is operating in violation of section 18-233 of this article or any building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the city manager shall promptly notify the business tax recipient of the violation and, unless the violation is a life-safety violation, provide the business tax recipient a reasonable period in which to correct the violation. If the business tax recipient fails to correct the violation before the expiration of the reasonable period or if the violation is a life-safety violation, the city manager shall immediately suspend the business tax receipt and notify the business tax recipient of the suspension. The suspension shall remain in effect until the city manager finds that the violation of the provision in question has been corrected.

(b)

For illegal transfer. In the event the city manager learns or finds upon sufficient cause that a business tax recipient engaged in a business tax receipt transfer contrary to section 18-247, the city manager shall immediately suspend the business tax receipt and notify the business tax recipient of the suspension. The suspension shall remain in effect until the city manager is satisfied that the ownership has been restored to the business tax recipient.

(c)

For specified violations or criminal acts.

(1)

The city manager shall immediately suspend a business tax receipt when:

a.

Three or more specified violations or criminal acts occur at the taxed establishment within a two-year period;

b.

Convictions result from at least three of the specified violations or criminal acts; and

c.

The city manager receives evidence of the third conviction.

The suspension authorized by this subsection shall remain in effect for a period of 30 days.

(2)

The city manager shall immediately suspend the business tax receipt of any business tax recipient which has had its business tax receipt previously suspended pursuant to subsection (c)(1) of this section when:

a.

One or more specified violations or criminal acts occur at the business taxed establishment within a period of two years from the date of specified violation or criminal act which resulted in the suspension under subsection (c)(1) of this section;

b.

A conviction results from one or more of the specified violations or criminal acts; and

c.

The city manager receives evidence of the first conviction.

The two-year period shall not include the time during which the business tax receipt was suspended pursuant to subsection (c)(1) of this section. The suspension authorized by this subparagraph shall remain in effect for a period of 90 days.

(3)

The city manager shall immediately suspend the business tax receipt of any business taxed establishment within a period of two years from the date of the specified violation or criminal act which resulted in the suspension under subsection (c)(2) of this section.

a.

One or more specified violations or criminal acts occur at the licensed establishment within a period of two years from the date of the specified violation or criminal act which resulted in the suspension under subsection (c)(2) of this section;

b.

A conviction results from one or more of the specified violations or criminal acts; and

c.

The city manager receives evidence of the first conviction.

The two-year period shall not include the time during which the business tax receipt was suspended pursuant to subsection (c)(2) of this section. The suspension authorized by this subparagraph shall remain in effect for a period of 180 days.

(4)

The transfer or renewal of a business tax receipt pursuant to this article shall not defeat the terms of subsections (c)(1) through (c)(3) of this section.

(d)

Notice and effective date of suspension. The city manager shall immediately notify the licensee of the suspension. All periods of suspension shall begin ten days after the effective date of the notice.

(Ord. No. 1997-25, § 18, 6-3-97; Ord. No. 2007-13, § 36, 3-20-07)