A. Procedure: If the town determines that facts exist for denial, suspension or revocation of a license under this chapter, the town shall notify the applicant or licensee (respondent) in writing of the town's intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail.
1. The notification shall be directed to the most current business address or other mailing address on file with the town for the respondent. Within ten (10) working days of receipt of such notice, the respondent may provide to the town a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended or revoked.
2. Within five (5) working days of the receipt of respondent's written response, the town shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding. Within ten (10) working days of the receipt of respondent's written response, the board of appeals shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross examine any of the town's witnesses. The hearing shall take no longer than two (2) days, unless extended to meet the requirements of due process and proper administration of justice. The board of appeals shall issue a written opinion within five (5) working days after the hearing. If a court action challenging the town's decision is initiated, the town shall prepare and transmit to the court a transcript of the hearing within ten (10) working days after the issuance of the board of appeals' written opinion.
3. If a written response from respondent is not received by the town within the time stated in subsection A1 of this section, or if after a hearing, the hearing officer concludes that grounds as specified in this chapter exist for denial, suspension or revocation of the license, then such denial, suspension or revocation shall become final five (5) working days after the hearing officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) working days after the hearing, the hearing officer shall immediately withdraw the intent to deny, suspend or revoke the license and shall notify the respondent in writing by certified mail of such action. The town shall contemporaneously therewith issue the license to the applicant.
B. Appeal: An 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 town's enforcement of the denial, suspension or revocation, the town 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 and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the town's enforcement.
C. Application During Temporary License Or Provisional License: Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses (as provided for in section 3-5-5 of this chapter), provisional licenses (as provided for in subsection B of this section), or de facto temporary licenses (as provided for in section 3-5-16 of this chapter) shall be subject to the provisions of sections 3-5-9 through 3-5-12, 3-5-16, and 3-5-17 of this chapter. (Ord. 11-01, 6-21-2011, eff. 7-1-2011)