(A) If the Clerk-Treasurer determines that facts exist for denial, suspension, or revocation of a license under this chapter, the town shall notify the applicant or licensee (respondent) in writing of the town’s intent to deny, suspend or revoke the license, including the grounds therefore, by personal delivery or by certified mail.
(1) The notification shall be directed to the most current business address or other mailing address on file with the Town Clerk-Treasurer for the respondent. Within ten working days of receipt of the 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 days of the receipt of the respondent’s written response, the Clerk-Treasurer shall notify the respondent in writing of the hearing date on the respondent’s denial, suspension or revocation proceeding. Within ten working days of the receipt of respondent’s written response, the Hearing Officer shall conduct a hearing at which the respondent shall have the opportunity to present all of his or her arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the town’s witnesses. The hearing shall take no longer than two days, unless extended to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a written opinion within five days after the hearing. If a court action challenging the town’s decision is initiated, the town shall prepare and transmit to the court a transcript of the hearing within ten days after the issuance of the Hearing Officer’s written opinion.
(3) If a written response from the respondent is not received by the Clerk-Treasurer within the time stated in division (A)(1) above, or, if after a hearing, the Hearing Officer concludes that grounds as specified in this chapter exist for denial, suspension, or revocation of the license, then the 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. The notice shall include a statement advising the respondent of the right to appeal the 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 immediately withdraw the intent to deny, suspend, or revoke the license and shall notify the respondent of this action in writing by certified mail. The Clerk-Treasurer shall contemporaneously therewith issue the license to the applicant.
(B) An applicant, licensee or aggrieved party whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal the action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the town’s enforcement of the denial, suspension or revocation, the town 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 town’s enforcement.
(C) Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses, as provided for in § 112.05, provisional licenses, as provided for in division (B) above, or de facto temporary licenses, as provided for in § 112.03, shall be subject to the provisions of §§ 112.03 and 112.10 through 112.14.
(Ord. 1394-7-01, passed 7-3-2001)