(A) When the Building Commissioner issues a written notice of intent to deny, suspend, or revoke a license, the Building Commissioner 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. The notice shall be directed to the most current business address or other mailing address on file with the Building Commissioner for the applicant or licensee. The notice shall also set forth the following: The applicant or licensee shall have ten days after the delivery of the written notice to submit, at the office of the Building Commissioner, a written request for a hearing. If the applicant or licensee does not request a hearing within said ten days, the Building Commissioner's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 15th day after it is issued.
(B) If the applicant or licensee (hereafter, "petitioner") does make a written request for a hearing within said ten days, then the Building Commissioner shall, within ten 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.
(C) 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 Building Commissioner's witnesses. The Building Commissioner 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 Hearing Officer shall affirm the Building Commissioner'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 Office shall issue a final written decision, including specific reasons for the decision pursuant to this division, to the petitioner within five days after the hearing.
(D) 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 Building Commissioner's licensing decision, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the Building Commissioner to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the petitioner in writing by certified mail of such action. If the petitioner is not yet licensed, the Building Commissioner shall contemporaneously therewith issue the license to the applicant.
(E) If any court action challenging a 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 Building Commissioner: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the county's enforcement of any denial, suspension, or revocation of a temporary license or annual license, the Building Commissioner 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 trial 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 §§ 117.03 to 117.07, and any violations thereof shall be subject to the provisions of §§ 117.09 and 117.99. A provisional license may be suspended under § 117.14 or revoked under § 117.15, and if an appeal is taken from that suspension or revocation decision, the town will issue no further provisional license or stay of enforcement.
(Ord. 2021-G-10, passed 9-2-21)