(A) (1) When the County Administrator issues a written notice of intent to deny, suspend, or revoke a license, the County Administrator shall immediately send such notice, which shall state the grounds under this chapter for such action, to the applicant or licensee by personal delivery or certified mail or email. The notice shall be directed to the most current business address or other mailing address or email address on file with the County Administrator for the applicant or licensee. The notice shall also set forth the following: The applicant or licensee shall have ten business days after the issuance of the written notice to deliver, at the office of the County Administrator, a written request for a hearing that specifies the alleged defects in the County Administrator's licensing decision. If the applicant or licensee does not request a hearing within said ten business days, the County Administrator's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 15th business day after it is issued.
(2) If the applicant or licensee (hereafter, “petitioner”) does make a written request for a hearing within said ten business days, then the County Administrator shall, within ten business days after receiving the request, send a notice to the petitioner indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than 30 days after the date that the hearing notice is issued. The hearing may be transcribed by either party.
(3) At the hearing, the petitioner shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the County Administrator's witnesses. The County Administrator may also be represented by counsel, present evidence and witnesses, and cross-examine any of the petitioner's witnesses. The hearing shall take no longer than one day, unless extended at the request of the petitioner to meet the requirements of due process and proper administration of justice. The petitioner shall have the burden of proving by a preponderance of the evidence that there is no substantial evidence to support the County Administrator's licensing decision. The Hearing Officer shall affirm the County Administrator's licensing decision if any substantial evidence in the record at the hearing supports any of the grounds set forth in the written notice of intent to deny, suspend, or revoke. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the petitioner and the county within five days after the hearing.
(4) If the decision is to deny, suspend, or revoke the license, the decision shall advise the petitioner of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the tenth day after it is rendered. If the Hearing Officer's decision finds that there is no substantial evidence to support the County Administrator's licensing decision, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the County Administrator to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the petitioner in writing by certified mail or email of such action. If the petitioner is not yet licensed, the County Administrator shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging the licensing decision is initiated, the county shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any sexually oriented business that is, in all respects, lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the County Administrator. Upon the filing of any court action to appeal, challenge, r~ or otherwise enjoin the county's enforcement of any denial, suspension, or revocation of a license, the County Administrator shall immediately issue the petitioner a provisional license. The provisional license shall allow the petitioner 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 petitioner's appeal or other action to restrain or otherwise enjoin the county's enforcement, unless the provisional license is suspended or revoked prior to entry of said judgment. While a provisional license is in effect, the provisional licensee shall comply with the regulations set forth in §§ 111.07, 111.13 - 111.15, and 111.18, and any violations thereof shall be subject to the provisions of § 111.99. A provisional license may be suspended under § 111.09 or revoked under § 111.10, and if an appeal is taken from that suspension or revocation decision, the county will issue no further provisional license or stay of enforcement.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)