A. If the enforcement officer determines that facts exist for denial, suspension or revocation of a license under this chapter, the enforcement officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the enforcement officer. Within five (5) working days of receipt of such notice, the respondent may provide to the city clerk, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended or revoked. Within three (3) days of the receipt of respondent's written response, the city clerk shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding.
Within thirty (30) working days of the receipt of respondent's written response, the city council, or an independent hearing officer appointed by the council, shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the city in the time stated or, if after the hearing, the city council finds that grounds as specified in this chapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five (5) days after the city clerk sends, by certified mail, written notice that the license has been denied, suspended or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
If the city council finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) days after the hearing, the city clerk shall withdraw the intent to deny, suspend or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.
B. When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city's enforcement of the denial, suspension or revocation, the city 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, as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the city's enforcement. (Ord. 616, 2006)