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The Enforcement officer shall fine a business licensee and/or any person who is an <br /> operator as the case may be, in accordance with City Ordinance #2005-11-1 for each <br /> offense where he determines by clear and convincing evidence that: <br /> (1) A business licensee or an individual operator knew or should have known of <br /> the possession, use or sale of controlled substances in the establishment; <br /> (2) A business licensee or an individual operator knew or should have known of <br /> the sale, use or consumption of alcoholic beverages in the establishment; <br /> (3) A business licensee or an individual operator knew or should have known of <br /> nudity or specified sexual activities occurring in the establishment; or <br /> (4) A business licensee or an individual operator knew or should have known of <br /> a person under eighteen (18) years of age entering the establishment. <br /> It is not the intent of this Ordinance for the Enforcement officer to impose a fine upon a <br /> business licensee for the occurrence of incidents outside the actual knowledge of the <br /> business licensee. <br /> If the business licensee or the same individual operator of a sexually oriented business <br /> is fined (and such fine(s) are upheld after judicial review pursuant to "ARTICLE XXI, <br /> Judicial Review" for the same offense three (3) times or more, and the dates of these <br /> offenses have occurred within a twelve (12) month period, the business licensee or the <br /> individual operator, as the case may be, shall be suspended in accordance with <br /> "ARTICLE XIV, Suspension" . For purposes of ARTICLE VIII, ARTICLE IX, and <br /> ARTICLE X, multiple incidents of the same nature which would constitute a violation of <br /> any of the provisions set forth in (1) through (4) above, shall be considered as only one <br /> (1) offense if they occur within the same business day. <br /> In the event that the Enforcement officer determines that one of the above described <br /> offenses has occurred and determines that the assessment of a fine against the <br /> business licensee or an individual operator is appropriate, the Enforcement officer must <br /> give notice in writing by certified mail, return receipt requested, of each of the above <br /> reasons which support the assessment of a fine, including the date or dates when each <br /> such incident occurred. Such notice shall be given within thirty (30) days of the incident <br /> or incidences for which the business is being cited, or within thirty (30) days of the <br /> conclusion of the Enforcement officer's investigation, whichever is earlier. <br /> A licensee may appeal the decision of the Enforcement officer regarding the <br /> assessment of a fine to the City Council by filing a written notice of appeal with the city <br /> clerk within fifteen (15) days after service of notice upon the licensee of the <br /> Enforcement officer's decision. The notice of appeal shall be accompanied by a <br /> memorandum or other writing setting out fully the grounds for such appeal and all <br /> arguments in support thereof. The Enforcement officer may, within fifteen (15) days of <br /> service upon him of the licensee's memorandum, submit a memorandum in response to <br />