Article 18-10 REVOCATION
A. The Town shall revoke a license if a cause of suspension in Article 18-9 occurs and the license has been suspended within the preceding twelve (12) months.
B. The Town shall revoke a license if it determines that:
1. A licensee gave false or misleading information in the material submitted during the application process;
2. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
3. A licensee has knowingly allowed prostitution on the premises;
4. A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
5. Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
6. A licensee is delinquent in payment to the Town, County, or State for any taxes or fees past due; or
7. On two (2) or more occasions within a twelve (12) month period, a person or persons while in or on the license premises committed an offense listed in Article 18-9 for which a conviction has been obtained, and the person or persons were managers or employees of the sexually oriented business at the time the offenses were committed.
C. When the Town revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the Town finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
D. If the Town denies the issuance of a license or suspends or revokes a license, the Town will send to the applicant or licensee by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation the person whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the Superior Court. An appeal to the Superior Court must be filed within thirty (30) days of receipt of notice of the decision of the Town. A licensee’s filing of an appeal or other legal action, in good legal order and within thirty (30) days of receipt of the written notice of suspension or revocation, challenging the Town’s decision to suspend or revoke a license under this chapter shall cause the license to remain in effect until a judge hears and decides the merits of the matter. An applicant’s filing of an appeal or other legal action, in good legal order and within (30) days of receipt of the written decision not to issue a license, challenging the Town’s decision not to issue a license under this chapter shall result in the Town issuing a temporary license to applicant to operate until a judge hears and decides the merits of the matter. [Prior code Art. 18-10.]