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<br />. <br /> <br />. <br /> <br />. <br /> <br />I '} (" <br /> <br />(1) <br /> <br />Discovery that false or misleading information or data was given on any <br />initial or renewal application or material facts was omitted from any such <br />application. <br /> <br />(2) The operator or an employee of the operator violates any provisions ofthis <br />chapter or any rule or regulation adopted by the Council pursuant to this <br />Chapter, provided, however, that in the case of a first offense by an <br />operator where the conduct was solely that of an employee the penalty <br />shall not exceed a suspension of thirty days if the Council finds that the <br />operator had no actual or constructive knowledge of such violation and <br />could not by the exercise of due diligence have had such actual or <br />constructive knowledge. <br /> <br />(3) The operator becomes ineligible to obtain a license. <br /> <br />(4) Any cost or fee required to be paid by this ordinance is not paid. <br /> <br />(5) Any intoxicating liquor or cereal malt beverage is served or consumed on <br />the premises of the Adult Establishment. <br /> <br />b. <br /> <br />The Council, before revoking or suspending any license, shall give the operator <br />ten days written notice of the charges against him or her, and an opportunity for a <br />public hearing before the Council at which time the operator may appear with or <br />without counsel and may present such evidence and witnesses as he or she deems <br />appropriate. <br /> <br />c. The transfer of a license or any interest in a license shall automatically and <br />immediately revoke the license. <br /> <br />d. Any operator whose license is revoked shall not be eligible to receive a license for <br />one year from the date of revocation. No location or premises for which a license <br />has been issued shall be used as an Adult Establishment for six months from the <br />date of revocation of the license. <br /> <br />3.11 ResDonsibilities of ODerator. <br /> <br />a. <br /> <br />Every act or omission by an employee constituting a violation of the provisions of <br />this Chapter shall be deemed the act or omission of the operator if such act or <br />omission occurs either with the authorization, knowledge or approval of the <br />operator, or as a result of the operator's negligent failure to supervise the <br />employee's conduct, and the operator shall be punishable for such act or omission <br />in the same manner as if the operator committed the act or caused the omission. <br /> <br />13 <br />