(A) After a denial of an application for a sexually oriented business license, a denial of an application for renewal of a sexually oriented business license, or a suspension or revocation of a sexually oriented business license, the applicant or licensee may appeal the denial, suspension, or revocation in writing to the City Manager within 20 days after notice of the denial, suspension, or revocation has been received. The City Manager shall hold a hearing on whether to issue/renew the license or uphold the denial, suspension, or revocation within five business days after the receipt of the appeal. The applicant or licensee shall have the right to present evidence at the hearing. The decision to issue/renew the license or uphold the denial, suspension, or revocation shall be based solely on the criteria set forth in this chapter. The City Manager shall render a decision on the appeal within five business days after the date of the hearing.
(B) Upon receipt by the City Manager of a written appeal pursuant to division (A) of this section, a denial of an application for renewal of the license or a suspension or revocation of the license of any sexually oriented business shall be stayed until a decision is rendered by the City Manager.
(C) The decision of the City Manager is subject to review in the superior court of the county by proceedings in the nature of certiorari. Any petition for a writ of certiorari for review shall be filed with the clerk of superior court within 30 days after notice of the decision has been received by the applicant or licensee. A denial of an application for renewal of the license or a suspension or revocation of the license of any sexually oriented business shall be stayed until a decision is rendered by the superior court or the time to petition the superior court for a writ of certiorari has expired. The following shall apply to any appeal to superior court from a decision of the City Manager:
(1) Unless good cause exists to contest a petition for a writ of certiorari, the city shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation.
(2) The city shall transmit the record to the court no later than five business days after receiving the order allowing certiorari.
(3) Subject to the provisions of any local rule of the reviewing court which provides for a shorter time period, the city shall file its brief within 15 days after it is served with the petitioner’s brief. If the petitioner serves his or her brief by mail, the city shall add three days to this time limit.
(D) An appeal by an applicant or licensee from the superior court of the county shall be governed by the North Carolina Rules of Appellate Procedure but, unless a court of competent jurisdiction otherwise provides, such appeal shall not stay any action taken with regard to the license.
(Ord. 28 ORD 5-10, passed 5-6-10)