COCOA, Fl – An often-raided adult-movie theater plans to challenge a law that’s threatening to at least temporarily close its doors.

During the past six-and-a-half months, 40 patrons have been arrested on charges of violating the county’s adult-entertainment law at Showboat Adult World, 1800 King St. Three have been convicted of that violation within two years, prompting the county to start a process that leads to a 30-day license suspension.

The suspension took effect Tuesday. On Wednesday, though, a judge allowed Showboat Adult World to reopen because of a technical error in the suspension letter. The contents of the letter had no information as to whom Showboat could appeal the suspension, though the notice was written on a Brevard County letterhead.

“It made the notice invalid on its face,” said Bobby Bowen, the county’s chief code enforcement officer.

Patrick Barbary argues law-breaking customers should be penalized, not the theater.

“There’s a difference between being able to supervise and enforce (rules on) employees, over whom you have control, and customers,” the attorney for the theater said. “It is very difficult to expect the owner to monitor what clients are doing in the movie theater.”

Barbary is helping the business seek a hearing to challenge the suspension rule.

Showboat management told him the business lights the 30-seat theater — which also has 16 private movie-viewing booths — and tells patrons to “behave.” Also, Showboat told him the business has signs reminding customers it is illegal to perform sex acts.

But police say Showboat’s efforts aren’t enough.

“I will tell you from personal experience: At no time has the management contacted the Sheriff’s Office to curb the activity,” said Sgt. J.J. Woolsey of the Brevard County Sheriff’s Office.

Bowen, the code enforcer, called the letter’s error a “small thing,” saying he is confident a special magistrate will rule in favor of the county, find three violations occurred and allow a 30-day license suspension to begin.

The special magistrate is appointed by the county to hear special cases. Bowen said a hearing would be conducted within the next week or two.

Bowen said he saw two patrons engaging in sex acts at the theater while he was there to inform management their license was in the process of being suspended. “It’s kind of difficult for me being able to see that activity and not make an arrest,” the retired Melbourne police lieutenant said.

Bowen told police. Three patrons were arrested Monday and charged with performing sex acts. Each was jailed on a $500 bond.

Adult-entertainment businesses whose licenses are suspended get opportunities to comply with the law. First, their licenses are suspended for 30 days. Afterward, if other violations occur within two years, it’s 90 days. Then, it’s 180 days. After that, their licenses are revoked.

Documented complaints earlier this year prompted a police investigation, Woolsey said. Since then, about six raids have occurred. Those found guilty of the charges typically would be required to reimburse court and investigation costs, pay a $150 fine and take classes about sexually transmitted diseases. Some were banned for about six months, Woolsey said.

“If police decide they’re going to close the joint, they’re going to succeed,” Barbary said, referring to the theater that opened in 1985.

“Our goal is not to shut down the business,” Woolsey said. “It’s to bring the business into compliance with the law.”