If the Chief of Police denies the issuance of a sexually oriented business license or sexually oriented business employee license or suspends or revokes a sexually oriented business license or sexually oriented business employee license, he or she shall forthwith so notify the applicant or sexually oriented business licensee in writing by certified mail, return receipt requested, or by personal service, of the denial, suspension or revocation.
(a) Any denial, suspension, or revocation of a new or renewal license under the provisions of this chapter, may be appealed to the Board of Zoning Appeals of the City of Columbiana by written notice within ten days of receipt of notice of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within ten days and must issue a written decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
(b) Any decision by the Board of Zoning Appeals of the City of Columbiana shall be a final appealable order, and the applicant, the licensee, or the municipality may seek prompt judicial review of such administrative action in any Court of competent jurisdiction.
(c) In the event that an applicant, licensee, or the municipality seeks judicial review of a decision by the Board of Zoning Appeals of the City of Columbiana, the appellant shall file written notice of such appeal with the Board of Zoning Appeals stating the grounds for the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board shall transmit to the court in which appeal was sought a copy of the full administrative record of the matter, including a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order. The Board and all other departments or agencies of the municipality shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Any licensee operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate the business during the pendency of an appeal to the Board of Zoning Appeals of the City of Columbiana or to a court.
(e) Any licensee 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, may continue to serve in such capacity during the pendency of an appeal to the Board of Zoning Appeals of the City of Columbiana or to a court.
(f) In the event that an applicant for a new sexually oriented business license or new sexually oriented business employee license seeks judicial review of the denial of a new license, the municipality will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon the written request of the applicant, which provisional license will:
(1) Allow the applicant for a sexually oriented business license to operate the sexually oriented business named in the license application under the same terms as a normal sexually oriented business license issued pursuant to § 868.06 of this chapter for the period of time specified in division (g) of this section;
(2) Allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business under the same terms as a normal sexually oriented business employee license issued pursuant to § 868.07 of this chapter for the period of time specified in division (g) of this section; and
(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 sexually oriented business license or sexually oriented 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 30 days before the expiration date of a provisional license the provisional licensee may file a renewal license application with the Chief of Police pursuant to §§ 868.06 or 868.07 of this chapter. The Chief of Police shall grant an application for renewal of a provisional license unless he or she determines that new grounds exist for denial of a license application pursuant to §§ 868.06 or 868.07 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 municipality has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 01-O-1888, passed 5-15-2001; Ord. 02-O-1941, passed 3-19-2002)