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

  § 3-36. Revocation.  

Latest version.

  • (a)

    False information. In the event the tax collector learns or finds upon sufficient cause that a license under this article was granted, transferred, or renewed based upon false or incorrect information, misrepresentation of fact, or mistake of fact, the tax collector shall forthwith revoke the license by certified mail, return receipt requested, and notify the licensee of the revocation.

    (b)

    Convictions of, or violations by, workers. In the event a worker commits (or workers commit) one (1) or more violations of article V of this chapter or any specified criminal act at an adult entertainment establishment which has had a license suspended for a period of one hundred eighty (180) days pursuant to section 3-35(c)(3), and the violation occurs within a period of two (2) years from the date of the notice of suspension for one hundred eighty (180) days or a conviction results from at least one (1) of such violations, the tax collector shall, upon receipt of evidence of such violation or a conviction for the subsequent violation, notify the licensee that the license will be revoked, subject to the licensee's right to file a timely challenge to the notice of revocation under section 3-37(a).

    (c)

    Convictions of, or violations by, operator. Notwithstanding any interpretation of the application of section 3-35(c)(1) to the contrary, in the event an operator commits (or operators commit) three (3) or more specified criminal acts at an adult entertainment establishment within a period of two (2) years, the tax collector shall, upon receipt of evidence of the commission of the specified criminal acts, or a third conviction for such acts, notify the licensee that the license will be revoked, subject to the licensee's right to file a timely challenge to the notice of revocation under section 3-37(a).

    (d)

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

    (e)

    Effect of revocation. If the license is revoked, no adult entertainment license shall be issued again to any person for a period of one year for the location upon which the adult entertainment establishment was situated. Furthermore, if the establishment existed as a nonconforming use prior to the revocation, the nonconforming use shall be deemed to have been relinquished and shall be terminated.

    (f)

    Effective date of revocation. The revocation shall take effect ten (10) days after the date the tax collector mails the notice of revocation to the licensee, or the tax collector or sheriff posts the notice of revocation 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 revocation pursuant to the procedure set forth in section 3-37, the revocation shall be abated until the hearing officer files the original of a written decision revoking the license pursuant to section 3-37(g), and the time expires 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 revocation shall continue to be abated until a final judicial decision by the circuit court.

(Code 1965, § 1A-29.123; 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, § 16, 10-29-96; Ord. No. 97-20, § 9B, 12-2-97; Ord. No. 98-15, § 5, 6-23-98; Ord. No. 2002-13, § 11, 9-24-02)