§ 10-209. Suspension or revocation of license.

(a)

No license issued hereunder may be transferred.

(b)

Each license granted hereunder shall be subject to suspension or revocation for violation of any rule or regulation of the city now in force or hereafter adopted.

(c)

Whenever the city manager or designee determines there is cause to suspend or revoke the license issued hereunder, the city manager or designee must give the licensee a ten-day written notice of intention to suspend or revoke the license. A hearing will be scheduled wherein the licensee may present a defense to the suspension or revocation before the mayor and city council or such board as the mayor and city council may designate. The ten-day written notice must include the time, place, and purpose of such hearing, and a statement of the charges upon which such hearing shall be held. After the hearing, the board may suspend or revoke the license issued hereunder for any of the grounds set forth in this subsection. A license may be suspended or revoked upon one or more of the following grounds:

(1)

The licensee is engaged in the escort and/or dating service under a false or assumed name, or is impersonating another practitioner of a like or different name;

(2)

The licensee is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate such person to the extent that he is unable to perform his duties;

(3)

The licensee is guilty of fraudulent, false, misleading, or deceptive advertising or practices;

(4)

The licensee has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in O.C.G.A. §§ 16-6-1 through 16-6-25, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five years immediately prior to the filing of the application. If, after having been granted a license, the licensee is found not to be of good moral character, or pleads guilty or enters a plea of nolo contendere to any of the above offenses, said license shall be subject to suspension and/or revocation;

(5)

The application contains materially false information, or the applicant has deliberately sought to falsify information contained therein;

(6)

The licensee fails to pay all fees, taxes or other charges imposed by the provisions of this article;

(7)

The licensee fails to maintain all of the general qualifications applicable to initial issuance of a license under this article;

(8)

The establishment is a threat or nuisance to public health, safety or welfare; or

(9)

Any other violation of this article.

(d)

After the city manager or designee makes a recommendation to the city council to suspend or revoke a license issued hereunder, the city council, or such board as it may designate, will conduct a hearing to hear evidence relevant to the alleged violation.

(1)

At the hearing, the city manager or his designee proceeds first and presents all evidence and argument in support of the recommendation to suspend or revoke the license issued hereunder.

(2)

After the city manager or his designee makes his presentation, the licensee or the licensee's legal counsel, will present evidence and argument as to why the license issued hereunder should not be suspended or revoked. The city council or its designee will have the right to ask questions at any time.

(3)

After hearing all of the evidence and arguments of the parties, the city council will render a decision. The suspension or revocation of an escort or dating service license is final.

(Comp. Ords. 2008, ch. 15, art. 7, § 11)