§ 19-386. Revocation of license or permit.

(a)

The unified government board of commissioners shall revoke a business license and the city police department, in the case of a person working in an establishment located in the city, or the county sheriff's department, in the case of a person working in an establishment located outside the city, shall revoke a permit for an employee, entertainer, masseur, or masseuse for any of the following reasons:

(1)

False or misleading information or data was given on any application or material facts were omitted from any application.

(2)

The licensee or permittee violates any provision of this article or any rule or regulation adopted by the unified government board of commissioners pursuant to this article, provided, however, that in the case of a first offense by a licensee where the conduct was solely that of a person not the licensee, the penalty shall not exceed a suspension of 30 days if the unified government board of commissioners shall find that the licensee had no actual or constructive knowledge of such violation and could not be the exercise of due diligence have had such actual or constructive knowledge.

(3)

The licensee or permittee becomes ineligible to obtain a license or permit.

(4)

Any cost or fee required to be paid by this article is not paid.

(5)

A licensee employs an entertainer, employee, masseur, or masseuse who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer, employee, masseur, or masseuse without a permit.

(6)

Any intoxicating liquor or cereal malt beverage is possessed, served, or consumed on the premises of an adult entertainment business.

(7)

The licensee, permittee, or anyone acting on behalf of or under the licensee or permittee has refused to allow immediate entry and inspection of the licensed premises open to the public during normal business hours or other reasonable time to any person authorized by this article.

(8)

The licensed premises have become a public nuisance or currently does not comply with the fire, health, and safety codes of the city in which it is located or, in the case of unincorporated areas, of the unified government.

(b)

The unified government board of commissioners, before revoking or suspending any business license, or the police department or sheriff's department, before revoking or suspending any permit, shall give the licensee notice of the grounds for revocation or suspension and an opportunity for a public hearing. Any such hearing shall be conducted in accordance with the provisions of section 19-393.

(c)

The attempted transfer, sale, or assignment of a license or permit or any interest in a permit or license or use of a license or permit by other than the person to whom such license or permit was issued shall automatically and immediately revoke the license or permit.

(d)

The attempted transfer, sale, or assignment of a license or permit or any interest in a license or permit shall be reported in writing by the licensee to the unified government board of commissioners through the license division within 24 hours after such attempted transfer, sale, or assignment.

(e)

Any person whose license or permit is revoked shall not be eligible to receive a license or permit for two years from the date of revocation, provided, however, that when a masseur or masseuse permit has been revoked solely because the person has a contagious or communicable disease or has failed to submit to a physical examination and supply proof from such examining physician as required by section 19-382(a)(4)f, the permit may be renewed when a certificate is obtained from a licensed medical practitioner or the department of health certifying that the applicant has been treated and/or passed the institutional or quarantine period required by K.A.R. 28-1-6 and amendments thereto and the regulations, if any, of the county health department and is free from such diseases or, if found to have a contagious or communicable disease which might pose a direct threat to the health or safety of patrons or others in the work place, submit a written statement of the accommodations to be taken to eliminate the direct threat.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-12), 1-4-2007)