(a) Any denial, suspension, or revocation of a new or renewal license under this Chapter may be appealed to the City Planning Commission by written notice within ten (10) business days of the receipt of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Commission shall hold a hearing on the appeal within fourteen (14) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing.
(b) Any decision by the City Planning Commission shall be a final administrative order and may be appealed to Common Pleas Court pursuant to the provisions of Ohio Revised Code Chapter 2506.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this Chapter, the applicant or licensee shall file a notice of appeal with the Commission as well as with the Common Pleas Court, and shall file a praecipe with the Commission requesting that a complete transcript of all original papers, testimony, and evidence offered, heard, and taken into consideration in the Commission's issuance of the final order appealed from be filed with the Common Pleas Court. Within ten (10) days of receiving such written notice of appeal, or within such shorter time as may be ordered by the Common Pleas Court, the Commission shall transmit to the court a copy of the full administrative record for the matter, including a complete transcript of the all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order. The Commission and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the by the Court of Common Pleas without delay.
(d) Subject to the provisions of subsection (f) of this section, any licensee lawfully operating an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of appeal to the Commission or to the Court of Common Pleas pursuant to the provisions of Ohio Revised Code Chapter 2506.
(e) Subject to the provisions of subsection (f) of this section, any licensee lawfully operating an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal to the Commission or to the Court of Common Pleas pursuant to the provisions of Ohio Revised Code Chapter 2506.
(f) In the event that an applicant for a new adult entertainment business license or a new adult entertainment business employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within sixty (60) days of the date the appeal was filed, the City will issue such applicant a provisional adult entertainment business license or adult entertainment business employee license upon request of the applicant. The provisional license:
(1) Will allow an applicant for an adult entertainment business license to operate the adult entertainment business named in the license application under the same terms and conditions as an adult entertainment business license issued pursuant to Section 581.07 of this Chapter for a period of time specified in subsection (g) of this Section.
(2) Will allow an applicant for an adult entertainment business employee license to act as an employee on the premises of an adult entertainment business under the same terms and conditions as an adult entertainment business employee license issued pursuant to Section 581.09 of this Chapter for a period of time specified in subsection (g) of this Section
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional adult entertainment business license or adult entertainment business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending thirty (30) days before the expiration date of a provisional licensee, the provisional license may file a renewal license application with the Chief Building Officer pursuant to this Chapter. The Chief Building Officer shall grant an application for renewal of a provisional license unless the Chief Building Officer determines that new grounds exist for denial of a license application pursuant to Section 581.07 or Section 581.09 of this Chapter, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 2010-26. Passed 4-5-10.)