§ 5.12.030. Cabaret permit process.

A.

A business that conducts cabaret activity shall be allowed to conduct such activity under the following conditions:

(a)

The business applies for and is approved by the City Administrator for the cabaret permit;

(b)

The business maintains the permit by paying the annual fee;

(c)

The business successfully completes an annual inspection by the Fire Department;

(d)

The business does not create a public nuisance, adversely affect the health, safety, and general welfare of the public, or negatively impact City resources. A determination of such public nuisance, adverse affect, or negative impact shall be made only after a public hearing conducted according to the requirements of Chapter 5.02.

The cabaret permit fee shall be specified in the master fee schedule.

B.

A cabaret permit application may be denied or an existing cabaret permit suspended or revoked on the basis of a disqualifying offense, as defined in this Chapter, or any basis for permit denial, suspension, or revocation specified in Chapter 5.02. Such denial, suspension, or revocation shall be in writing, specifying the reasons for the decision. A business whose permit is denied, suspended, or revoked may request a hearing to show cause why the permit should not be denied, suspended, or revoked. The hearing shall be conducted according to the requirements of Chapter 5.02.

C.

In addition to the procedures for suspension or revocation provided for in Section 5.02.080, the permit shall be subject to suspension or revocation according to the standards of Chapter 5.02, and the owner/operator shall be liable for excessive police costs related to enforcement. The Chief of Police or the City Administrator, in his or her discretion, may immediately suspend, and recommend for revocation, such permit for any reason for which the granting of such permit might be lawfully denied, to protect the person and property of patrons of the location, or to protect the safety and welfare of the general public. Such suspension shall last no longer than is practically necessary to schedule a due process hearing on the merits of the revocation and the recommendation by the Chief of police, City Administrator or his/her designee to revoke the permit. A hearing to show cause must be held within ten (10) business days from the date of suspension, except that such suspension cannot exceed ten (10) days. If such suspension was the result of violent crime, narcotic related crime, melee, or gang activity emanating from or occurring on the premises the suspension shall not be removed until a final decision from the hearing officer has been rendered. All other suspensions may be removed prior to the hearing if the hearing cannot be held within ten (10) days although the decision of the hearing officer may include additional suspension or revocation of the permit. In lieu of seeking revocation, the Chief or Police or City Administrator may seek an extended suspension period with requirements for correction or abatement of the reasons for the immediate suspension and/or additional conditions placed on the permitee.

D.

In addition to suspension, revocation or denial of a cabaret permit pursuant to Subsection B., a cabaret establishment creating a public nuisance may be subject to other penalties and enforcement actions, including but not limited to civil penalties and administrative citations pursuant to Title 1 of this Code.

(Ord. No. 13116, § 1, 6-5-2012; Ord. No. 13006, § 4, 5-4-2010)