§ 12-70. Criteria for suspension of license.

(a)

The commissioner shall suspend the license issued under this article if the commissioner finds that:

(1)

Actions of the licensee or other persons on the licensed premises have resulted in the accumulation of more than 12 points under subsection (b) of this section within the previous six months; or

(2)

Actions of the licensee or other persons on the licensed premises have resulted in the accumulation of more than 24 points under subsection (b) of this section within the previous 12 months.

(b)

Point system.

(1)

One point shall be assessed and accumulated against the license for each violation as determined by the commissioner of the following affirmative duties:

a.

Ensure that all lighting required by this article actually operates, with working bulbs, turned on, during all hours when the establishment is open for business;

b.

Post and enforce a "no loitering" policy on the premises, including parking areas and other exterior parts of the premises; or

c.

Comply with other applicable city ordinances, including those related to property maintenance.

(2)

Two points shall be assessed and accumulated against the license for each violation as determined by the commissioner of the following affirmative duties:

a.

Prevent and ensure that no gambling takes place on the premises; or

b.

Violation of section 12-48.

(3)

Unless otherwise provided in this section, three points shall be assessed and accumulated against the license for each violation as determined by the commissioner of the following affirmative duties:

a.

Prevent and ensure that no sexual activity takes place on the premises, whether in or out of public view;

b.

Prevent and ensure that no prostitution or solicitation for prostitution takes place on the premises, whether in or out of public view;

c.

Violation of sections 12-63(a), (b), (c) and (d), 12-64, and 12-67;

d.

Prevent any unlawful sale, distribution, or delivery or use of controlled substances, illegal drugs or narcotics on the business premises; or

e.

Prevent persons under 18 years of age from entering the premises or the portion or portions thereof which contain adult media, adult live entertainment or sexually-oriented toys and novelties.

(4)

Point totals for actions constituting crimes or misdemeanors under state law or city ordinance shall be reduced by half for any instance in which the commissioner finds that the licensee or an employee of the licensee reported the violation to the city police department before the arrival of the first police car at the business premises, regardless of whether the report is the first report of this instance to the police.

(5)

Point totals for actions constituting crimes or misdemeanors under state law or city ordinance shall be doubled for any instance in which the commissioner finds that the licensee was directly involved in the violation or that an employee was directly involved and that the licensee reasonably should have known of the involvement.

(c)

The commissioner shall mail a written notice to the licensee when any point is assessed against a licensee within five days of the assessment of the point(s). If within ten days after mailing notice to the licensee that any point has been assessed against the licensee, the licensee files with the commissioner a written request for a hearing before the commissioner to contest the assessment of any point, then the commissioner shall, within five days of receipt of a timely request, mail a notice of a hearing to the licensee, which shall include the date, time and place for the hearing before the commissioner. The date for the hearing shall be not less than 30 days nor more than 40 days following a request for a hearing unless there is due cause.

(d)

The first suspension shall be for a period of at least five days and not more than ten days; the second suspension within any 12-month period shall be for at least ten days and not more than 20 days; the third suspension during any 12-month period shall be for at least 30 days and not more than 60 days; and any suspension after the third suspension during any 12-month period shall be for at least 60 days and not more than 90 days.

(Ord. No. 981345, § A, 12-21-98)