§ 12.5-175. Revocation of late night establishment preclearance letter.

(a)

Revocation for specific violations. The administrator or his or her designee shall issue a written notice of intent to revoke a late night establishment preclearance letter if:

(1)

The recipient fails to maintain the qualifications for holding a preclearance letter;

(2)

The recipient has knowingly or recklessly given false information in the application for the preclearance letter or has failed to supplement the application information as required by section 12.5-173(b) after a change of circumstances that rendered the information originally submitted false or incomplete;

(3)

The recipient has knowingly or recklessly allowed possession, use, or sale of controlled substances on the premises of the establishment;

(4)

The recipient has knowingly or recklessly allowed sodomy, aggravated sodomy, public indecency, lewdness, prostitution, assignation, pimping, pandering, pandering by compulsion, masturbation for hire, obscenity, or disorderly conduct to occur in or on the premises of the late night establishment;

(5)

The recipient has knowingly or recklessly allowed a person under the age of twenty-one (21) years to consume alcohol on the premises of the establishment;

(6)

The recipient has knowingly or recklessly allowed any specified criminal activity to occur in or on the premises of the establishment;

(7)

The recipient has repeatedly operated the business in violation of state law or county regulations;

(8)

The recipient is convicted of any specified criminal activity as defined in this article; or

(9)

The establishment is found to have operated in violation of an accepted safety plan.

(b)

The fact that any relevant conviction is being appealed shall have no effect on the revocation of the preclearance letter, provided that, if any conviction which serves as a basis of a preclearance letter revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

(c)

When a notice of intent to revoke a preclearance letter has been issued, the recipient shall not apply for or be issued any new license or permit under Horry County Code chapter 12.5, article IV until such notice has been withdrawn or, if revocation has become effective, until three (3) years after the effective date of revocation.

(d)

When any person listed on a late night establishment preclearance letter application is arrested for conduct alleged to have occurred at the late night establishment, no person listed on the establishment's preclearance letter application may apply for or be issued any new license or permit for that location under Horry County Code chapter 12.5, article IV, until the arrestee is cleared or until ninety (90) days following the arrest have passed, whichever occurs sooner.

(Ord. No. 92-16, § 5, 1-10-17)