(A) (1) If the Clerk-Treasurer determines that facts exist for denial, suspension, or revocation of a license under this chapter, the Clerk-Treasurer shall notify the applicant or licensee ("respondent") in writing of the intent to deny, suspend or revoke the license, including the grounds thereof, by certified mail. Within ten business days of receipt of such notice, the respondent may provide to the Clerk-Treasurer a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended, or revoked.
(2) Within five business days of the receipt of respondent's written response, the Clerk-Treasurer shall notify respondent in writing, by certified mail, of the hearing date on respondent's denial, suspension, or revocation proceeding. Within ten business days of the receipt of respondent's written response, the Hearing Officer shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Clerk-Treasurer in the time stated or, if after the hearing the Hearing Officer finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the Hearing Officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the Hearing Officer finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the Hearing Officer shall order the Clerk-Treasurer to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. The Clerk-Treasurer shall contemporaneously therewith issue the license to the respondent.
(B) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee ("aggrieved party") whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.
(C) Application of chapter during temporary license or provisional license periods. Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses [as provided for in § 114.05(A)] and/or provisional licenses [as provided for in § 114.11(B)] shall be subject to the provisions of this chapter.
(Ord. 2002-10, passed 8-17-02)