(A) In the event that Council denies, suspends, or revokes a new or renewal license under this chapter, or any action taken on an appeal that is provided by this chapter, the applicant may pursue an appeal to County Court of Common Pleas pursuant to R.C. Chapter 2506. The failure of Council to render a decision on the application within the time prescribed in § 111.23(A) shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to County Court of Common Pleas pursuant to R.C. Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z.J. Gifts D-4 (2004), 541 U.S. 774.
(B) Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain the license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to division (A) above.
(C) Any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain the license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to division (A) above.
(D) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending 30 days before the expiration date of any license, the licensee may file a renewal license application with Council or its designee pursuant to this chapter. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, Council has the right to consolidate the review with any pending judicial actions in regards to the previous denial, suspension, or revocation of a license.
(E) If, during the pendency of any appeal pursued under division (A) above, there are additional denials of a renewal license application or suspensions or revocations of that license, Council has the right to consolidate the appeal pursued under division (A) above for the additional denials, suspensions, or revocations with any pending appeal for that same licensee.
(Ord. 61-2010, passed 3-15-2010)