Sec. 10-59Revocation 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 applicant of such action, and such notice shall contain a specification of the violation or violations and shall be served upon the licensee at least five days prior to the notice of hearing. 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 or more of the following:

(1) An applicant gave false or misleading information in the original application process;

(2) An applicant has knowingly allowed possession, use, or sale of controlled substances on the premises and/or knowingly allowed possession, use, or sale of controlled substances to a minor on the premises;

(3) An applicant 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) An applicant has violated any provision of this adult entertainment chapter;

(5) An applicant has been convicted of any drug-related, alcohol-related, or sex-related crime by the State of Georgia or the city regarding an offense which was committed on the premises or which would otherwise violate the provisions of this chapter; and

(6) An applicant fails to pay any fee, occupation tax fine, or other amount of money due 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 day nor more than 365 days, within the discretion of the chief of police. Provided, however, that the applicant shall be authorized to continue its business operations until that 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 applicant 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 days from the date of the decision of the chief of police. Thereafter, a hearing shall be scheduled before the mayor and council within 45 days after the date of the notice of appeal by the applicant. After the hearing by the mayor and council, the city council may take such action as it deems appropriate, including the upholding of the action of the chief of police or the imposition of such action as the mayor and city council may deem appropriate under the facts. The decision of the mayor and city council shall be final. Appeals from the decision of the mayor and city council shall be to the Superior Court of Turner County filed within 30 days of the final action of the mayor and city council. In the event the applicant 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.