(A) Within five days of receipt of notification of a denial, nonrenewal, suspension, or revocation of a license, the licensee may contest such decision by submitting a written application to the City Clerk requesting a public hearing before the City Council.
(B) The public hearing shall be scheduled to take place no later than 20 days from the date of the application for such hearing. Not less than ten days before the date of such hearing, a notice of hearing shall be sent to the licensee by certified mail, return receipt requested, and posted in a conspicuous place on the proposed or licensed premises.
(C) In such application, the licensee may request that the Mayor or any other city official who investigated the application or inspected the premises shall be present at the public hearing. At such hearing, the licensee shall have the opportunity to present evidence on his behalf and shall have the right to cross-examine all city officials and witnesses. The City Council shall conduct the hearing in order and form and with such methods of proof as it deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.
(D) Immediately following such hearing, the City Council shall enter its vote to either sustain or overrule the denial, nonrenewal, suspension, or revocation. Within five days after such hearing, the City Council shall issue written notice of its final decision, stating the reasons therefor, and shall forward such decision to the licensee by certified mail, return receipt requested. If the denial, nonrenewal, suspension, or revocation is overruled, the Mayor shall immediately issue such license or renewal of license, or revoke the suspension or revocation, as the case may be.
(E) The decision of the City Council may be appealed to the Circuit Court within 20 days of such written notice of such decision.
(F) During the pendency of any appeal of a nonrenewal, suspension, or revocation, the operations of the sexually oriented business may be maintained by the licensee, unless otherwise ordered by the court.
(Ord. 8183-2018, passed 4–2-2018)