§ 18-215. 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 county now in force or hereafter adopted.

(c)

Whenever the director of finance determines there is cause to suspend or revoke the license issued hereunder, the director of finance must give the licensee 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 board of commissioners or such board as the board of commissioners 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 if any of the grounds set forth below exist. 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 or her 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 Title 16, Chapter 6 of the Official Code of Georgia Annotated, 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 original application or renewal thereof contains materially false information, or the applicant has deliberately sought to falsify information contained therein;

(6)

The applicant/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 licensee refuses to accept a client solely on the basis of race, color, national origin, religious belief, sex or sexual orientation. Sexual orientation shall mean the state of being heterosexual, homosexual or bisexual. License holders shall not refuse to accept a client unless the client is obviously intoxicated or dangerous;

(9)

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

(10)

Any other violation of this article.

After the director of finance makes a recommendation to the board of commissioners to suspend or revoke a license issued hereunder, the board of commissioners, or such board as the board of commissioners may designate, will conduct a hearing to hear evidence relevant to the alleged violation. At the hearing, the director of finance proceeds first and presents all evidence and argument in support of the recommendation to suspend or revoke the license issued hereunder. Board members will have the right to ask questions at any time. After the director of finance makes his/her 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. Board members will have the right to ask questions at any time. After hearing all of the evidence and arguments of the parties, the board will render a decision. The suspension or revocation decision is final unless the licensee files a petition for writ of certiorari to the Superior Court of Fulton County within 30 days of the date of the decision.

(Res. No. 06-0469, Exh. A, 5-3-06)