§ 10.55.080. Permit suspension or revocation; cease and desist orders; and appeals.

A.

The municipal clerk may suspend or revoke any teen nightclub or cultural performance permit upon a finding that any one or more of the following conditions exists:

1.

The permit was procured by fraud or false representation or omission of material fact in the application;

2.

The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, knowingly has made any false statement or given any false information in connection with a permit application or renewal of a permit;

3.

The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has knowingly allowed or permitted:

a.

A crime involving prostitution, lewd conduct, or assault on a juvenile to occur in or upon the premises;

b.

Any act of or solicitation for sexual intercourse, sodomy, or oral copulation to be committed in or upon the premises;

c.

The unlawful smoking of tobacco, the unlawful possession of any weapon, or the unlawful possession, consumption, or sale of alcohol and/or controlled substance in or upon the premises; or

d.

Any person to remain on the premises:

i.

Who appears to be under the influence of, or affected by the use of alcohol or any controlled substance; or

ii.

Whose conduct poses a physical danger to the safety of other patrons;

4.

The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has violated any of the provisions of the Teen Nightclub Law or committed any act which is grounds for denial of a permit issued pursuant to the Teen Nightclub Law;

5.

The building, structure, equipment, location, or business premises does not comply with the requirements, or fails to meet the standards, of applicable health, zoning, building, or fire and safety laws of the state of the municipality;

6.

The permittee has failed to maintain a current business license;

7.

The permittee, or any officer, director, employee, agent, partner, or shareholder thereof, has allowed, either by act or omission, a teen nightclub or cultural performance venue to be operated outside the curfew hours established in AMC 8.75.060 while persons subject to AMC 8.75.060 are patrons; or

8.

Any of the reasons set forth in AMC 10.10.035.

B.

The municipal clerk, in revoking or suspending any permit, shall follow the procedure set forth in AMC 10.10.040. In deciding whether to revoke or suspend a permit, the clerk may consider remedial measures taken by the permittee. A permittee may appeal a revocation or suspension under the procedures set forth under AMC 10.10.045.

C.

If a teen nightclub or cultural performance venue is being operated in violation of this section or without the required permit, the municipal clerk or any police officer may issue a cease and desist order provided that the person receiving the notice is given notice that s/he may request a hearing. Except in the event of an immediate suspension or restriction under AMC 10.10.040.B., a cease and desist order shall direct that the facility cease to operate as a teen nightclub or cultural performance venue within seven days unless a request for hearing on the cease and desist order is received by the clerk prior to the expiration of the period of seven days. If a timely request for hearing on the cease and desist order is received, the municipal clerk shall conduct a hearing in accordance with AMC 3.60. Hearings before the municipal clerk may, at the option of the municipal clerk, be conducted by an administrative hearing officer designated by the municipal clerk. If the municipal clerk refers such matter to an administrative hearing officer, the administrative hearing officer shall conduct the hearing and prepare findings and conclusions. These findings and conclusions shall be forwarded to the municipal clerk for adoption, rejection, or modification and issuance of a final order or decision by the municipal clerk. The municipal clerk may designate the administrative hearings officer referenced in Title 14 of the Anchorage Municipal Code to hold a hearing referenced in this subsection.

D.

The filing of a request for hearing shall stay the effective date of the action by the clerk until the clerk or his or her designee under AMC 3.60 issues a final order or decision, except that the effective date of a suspension or restriction under AMC 10.10.040.B shall not be stayed.

(AO No. 96-51(S-1), § 1, 8-1-96; AO No. 96-126(S), § 1, 10-1-96; AO No. 2001-74(S), § 2, 4-17-01)