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 Orange County
 Code of Ordinances
 Chapter 3. ADULT ENTERTAINMENT CODE
 Article II. LICENSING

  § 3-35. Suspension.  

Latest version.

  • (a)

    Violation of building, fire, health, or zoning statute, code, ordinance or regulation. 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, contrary to the respective general requirements of section 3-101, the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period, the department shall notify the tax collector, who shall forthwith suspend the license, and shall notify the licensee of the suspension by certified mail, return receipt requested. The suspension shall remain in effect until the department notifies the tax collector in writing that the violation of the provision in question has been corrected.

    (b)

    Illegal transfer. In the event the tax collector learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to section 3-33, the tax collector shall forthwith suspend the license, and notify the licensee of the suspension by certified mail, return receipt requested. The suspension shall remain in effect until the tax collector is satisfied that the requirements of section 3-33(a) have been met.

    (c)

    Convictions of, or violations by, workers.

    (1)

    Thirty day suspension. In the event a worker commits (or workers commit) three (3) or more violations of article V of this chapter or specified criminal acts at an adult entertainment establishment within a two-year period, or convictions result from at least three (3) such violations, the tax collector shall, upon receipt of evidence of such violations or the third conviction, notify the licensee that the license will be suspended for a period of thirty (30) days, subject to the licensee's right to file a timely challenge to the notice of suspension under section 3-37(a). If and when the suspension takes effect, the suspension shall remain in effect for a period of thirty (30) days.

    (2)

    Sixty day suspension. In the event a worker commits (or workers commit) two (2) or more violations of article V of this chapter or specified criminal acts at the establishment within a period of two (2) years from the date of the notice of suspension for thirty (30) days under subsection (c)(1), or a conviction results from at least two (2) of such violations, the tax collector shall, upon receipt of evidence of such violations, acts, or of the additional convictions, notify the licensee that the license will be suspended for a period of ninety (90) days, subject to the licensee's right to file a timely challenge to the notice of suspension under section 3-37(a). If and when the suspension takes effect, the suspension shall remain in effect for a period of ninety (90) days.

    (3)

    One hundred eighty day suspension. In the event a worker commits (or workers commit) one (1) or more violations of article V of this chapter or specified criminal acts at the establishment within a period of two (2) years from the date of the notice of suspension for ninety (90) days under subsection (c)(2), or a conviction results from at least one (1) of such violations, the tax collector shall, upon receipt of evidence of such violation or of the first additional conviction, notify the licensee that the license will be suspended for a period of one hundred eighty (180) days, subject to the licensee's right to file a timely challenge to the notice of suspension under section 3-37(a). If and when the suspension takes effect, the suspension shall remain in effect for a period of one hundred eighty (180) days.

    (d)

    Transfer, renewal, or amendment. The transfer, renewal or amendment of a license pursuant to this chapter shall not frustrate or defeat the terms of subsections (c)(1), (2) or (3).

    (e)

    Effective date of suspension. All periods of suspension shall take effect ten (10) days after the date the tax collector mails the notice of suspension to the licensee or the tax collector or sheriff posts the notice of suspension at the licensee's establishment, or on the date licensee delivers his license to the tax collector, whichever happens first. However, in the event the licensee timely challenges the suspension pursuant to the procedure set forth in section 3-37, the suspension shall be abated until the hearing officer files the original of a written decision suspending the license pursuant to section 3-37(g), and the time expires for the licensee to seek judicial review of the hearing officer's decision under section 3-38(a). If the licensee timely seeks judicial review under section 3-38(a), the suspension shall continue to be abated until a final judicial decision by the circuit court.

(Code 1965, § 1A-29.12; Ord. No. 87-06, § 1, 2-9-87; Ord. No. 87-38, § 1, 11-9-87; Ord. No. 90-05, § 1, 4-9-90; Ord. No. 96-34, § 15, 10-29-96; Ord. No. 97-20, § 9A, 12-2-97; Ord. No. 99-22, § 6, 12-14-99; Ord. No. 2002-13, § 10, 9-24-02)