§ 2.5-29. Revocation and appeal.

(a)

The chief of police shall be authorized to suspend or revoke an occupation tax certificate previously granted herein. In the event the chief of police seeks to suspend or to revoke an occupation tax certificate, the chief of police shall give written notification to the holder of the certificate of such action and such notice shall contain a specification of the violation or violations and shall be hand delivered to the holder of the certificate at least five (5) days prior to any hearing on the revocation. The applicant shall be given written notice of the time and place of the hearing.

(b)

The chief of police shall be authorized to suspend or revoke an occupation tax certificate in the event of any one (1) or more of the following:

(1)

A certificate holder gave false or misleading information in the original application process;

(2)

A certificate holder has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3)

A certificate holder has knowingly allowed the violation of an ordinance of the city or a violation of any criminal law of the State of Georgia to occur on the premises;

(4)

A certificate holder has violated any provision of this adult entertainment chapter;

(5)

A certificate holder, a general or limited partner of a partnership holding a certificate, or an officer or director of a corporate certificate holder has been convicted of any drug-related or alcohol-related felony or sex-related crime by the state or the city; or

(6)

A certificate holder fails to pay any fee, occupation tax, fine or other amount of money due to the city under this chapter or any other taxing ordinance of the city.

(c)

In the event the chief of police shall suspend or revoke any occupation tax certificate hereunder, the suspension or revocation shall be for a period of not less than one (1) day nor more than three hundred sixty-five (365) days, within the discretion of the chief of police. Provided however, that the certificate holder shall be authorized to continue its business operations until the date of the hearing scheduled in accordance with subsection (d) of this section. No applicant may apply for an occupation tax certificate during any period of suspension or revocation. In any hearing conducted by the chief of police, the chief shall consider, among other things, the severity of the allegations, the evidence submitted, and the testimony presented, in making any decision on suspension, revocation and the duration of either.

(d)

In the event of a suspension or revocation by the chief of police the certificate holder may appeal the decision of the chief of police to the mayor and city council for the city by filing a written notice of appeal within ten (10) days from the date of the decision of the chief of police. Appeals shall be conducted as provided in section 2.5-20 of this chapter. In the event the certificate holder does not file an appeal from any decision of the chief of police, as provided herein, the decision of the chief of police shall be final.

(Ord. No. 222, § 1, 7-7-98)