§ 34-9. Suspension; fines.

(a)

The following shall be the causes for the suspension of a sexually oriented business license:

(1)

If any applicant who possessed the qualifications for the license at the time of issuance of the license fails to maintain such qualifications during the licensed year.

(2)

If there was any misstatement or suppression of fact in the application for the license.

(3)

If the license was granted to any person who is or has been engaged in an sexually oriented business with a person whose application for a license has been denied or whose license has been revoked.

(4)

If the license was issued to an interposed person.

(5)

If the licensee has violated any section of this chapter.

(6)

If, without a proper license or zoning, any sexually oriented business licensee allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.

(7)

Violation of any controlled, dangerous substance law on the premises of the business holding the sexually oriented business license.

(8)

Violation of any obscenity law on the premises of the sexually oriented business.

(9)

If the licensee knowingly permits an employee to violate any section of this chapter on the licensed premises.

(b)

The following shall be the causes for the suspension of a sexually oriented business employee card:

(1)

If any applicant who possessed the qualifications for the card at the time of issuance of the license fails to maintain such qualifications during the term of the card.

(2)

If there was any misstatement or suppression of fact in the application for the card.

(3)

If the card holder has violated any section of this chapter.

(c)

The sheriff, with the approval of the parish attorney, shall issue a written letter of intent to suspend the license or card in question for a period not to exceed six months if the sheriff finds that probable cause exists to believe that grounds exist for the suspension or revocation of a sexually oriented business license or a sexually oriented business employee card. The licensee or card holder shall have ten days following the issuance of the letter of intent to suspend the license or card within which to appeal the suspension to the parish council. The appeal shall be perfected by making a written request for appeal to the parish council. If no appeal is perfected within such time, the license or card holder shall be suspended in accordance with the written letter of intent to suspend the license or card. If the licensee or card holder perfects an appeal, no suspension shall take effect until after the parish council has acted on the appeal or the appeal has been withdrawn. The appeal to the parish council shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the parish council.

(d)

Notwithstanding the above, if the sheriff finds that probable cause exists to believe that a licensee or card holder has violated any provision of this chapter or that grounds exist for the suspension of his, her or its license or card, but that the violation or grounds in question are minor in nature, the sheriff, with the approval of the parish attorney, may impose an administrative fine, payable to the general fund of the sheriff, instead of a request for suspension of the license or card. The sheriff shall maintain a file on all such actions taken against any license or card holder. The fine shall be due and payable within ten days from service of a notice on the licensee or the card holder by certified mail or hand delivery, unless within such ten-day period the licensee or the card holder files a written notice of appeal with the sheriff. If the licensee or card holder perfects an appeal, the time for payment of the fine shall be suspended until after the parish council has acted on the appeal or the appeal has been withdrawn. The appeal to the parish council shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the parish council. At the hearing, the parish council may approve the fine, disapprove the fine, or assess a lower fine.

(e)

Any fine imposed by the sheriff shall be progressive with each offense during the term of the license or card in question, in accordance with the mandatory amounts set forth below:

	SOB License	SOB Employee Card
First fine for conduct during term of license or card	$500.00	$100.00
Second fine for conduct during term of license or card	$750.00	$250.00
Third fine for conduct during term of license or card	$1,000.00	$500.00

 

If either a licensee or a card holder has had three fines imposed during the term of his, her or its license or card, or if the sheriff, with the approval of the parish attorney, finds that probable cause exists to believe that grounds exist for suspension or revocation of a license or card issued pursuant to this chapter, he shall request suspension or revocation of the license or card in question.

(f)

Nothing in this section is intended or shall be construed to require that the sheriff impose one or more fines as a prerequisite to seeking suspension or revocation of any license or card. The sheriff, with the approval of the parish attorney, may seek suspension or revocation for any grounds set forth in this chapter without the imposition of any fine.

(g)

Notwithstanding anything in this chapter to the contrary, failure timely to pay any fine imposed under this section shall constitute grounds for suspension or revocation of the license or card of the person who fails to pay such fine.

(h)

No person whose sexually oriented business license or sexually oriented business employee card has been suspended shall operate a sexually oriented business or be employed in a sexually oriented business during the period of such suspension.

(Ord. No. 05-07-0573-OR, § 1(0573:9), 7-5-2005)