§ 14-131. Revocation.

(a)

The planning and zoning administrator shall revoke a license if a cause of suspension under this article occurs and the license has been suspended within the preceding 24 months.

(b)

The planning and zoning administrator shall revoke a license if he or she determines that:

(1)

A licensee gave false or misleading information in the material submitted to the town during the application process;

(2)

A licensee, an agent or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

(3)

A licensee, an agent or an employee has knowingly allowed prostitution on the premises;

(4)

A licensee, an agent or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(5)

A licensee has been convicted of an offense listed in section 14-125(a)(10)a for which the time period required in section 14-125(a)(10)b has not lapsed;

(6)

On two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in section 14-125(a)(10)a for which a conviction has been obtained and the person or persons were employees of the sexually oriented business at the time the offenses were committed;

(7)

A licensee, an agent or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in S.C. Code 1976, § 44-23-1150; or

(8)

A licensee is delinquent in payment to the town for hotel occupancy taxes, ad valorem taxes, sales taxes or other taxes related to the sexually oriented business.

(c)

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(d)

Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

(e)

When the town revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the town finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 14-125(a)(10)b has elapsed since the termination of any sentence, parole or probation period.

(Ord. No. 2010-11-11, § 2(K), 7-25-2011)