§ 66-137.14.1. Suspension.

(a)

In the event a department learns or finds upon sufficient cause that a licensed adult entertainment establishment is operating in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, the department shall promptly notify the licensee of the violation and shall allow the licensee a ten-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the ten day period, the department involved shall notify the building and planning department, who forthwith suspend the license and notify the licensee of the suspension by certified mail, return receipt requested or personal service per F.S. ch. 162.12. The suspension shall remain in effect until the department notifies the building and planning department in writing that the violation of the provision in question has been corrected.

(b)

In the event the building and planning department learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to the provisions cited in this division, the building and planning department shall forthwith suspend the license, and notify the licensee of the suspension by certified mail, return receipt requested or personal service per F.S. ch. 162.12. This suspension shall remain in effect until all the requirements set forth under section 67-137.13 have been satisfied.

(c)

In the event that three or more violations of this division occur at an adult entertainment establishment within in a two-year period, and convictions result from at least three of those violations, the building and planning department shall, upon receipt of evidence of the third conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for 30 days.

(d)

In the event one or more violations of this division occur at the establishment within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 30 days under subsection (c), but not including any time during which the license was suspended for 30 days, and a conviction results from one or more of the violations, the building and planning department shall, upon receipt of evidence of the first conviction, suspend the license again, and notify the license accordingly. The suspension shall remain in effect for a period of 60 days.

(e)

Transfer, renewal, or amendment of a license pursuant to this division shall not defeat the terms of subsections (a), (b), (c) or (d).

(f)

All periods of suspension shall take effect ten days after the date the building and planning department mails the notice of suspension to the licensee or sheriff posts the notice of suspension at the licensee's establishment, or on the date the licensee delivers his license to the building and planning department, whichever occurs first.

(Ord. No. 920, § 1, 3-26-01)