(A) After a denial of an application for a license, a denial of an application for renewal of a license, or a suspension or revocation of a license, the applicant or licensee may appeal the denial, suspension or revocation in writing to the Code Administrator within 20 days after notice of the denial, suspension or revocation has been received. The Code Administrator shall hold a hearing on whether to issue/renew the license or uphold the denial, suspension or revocation within five business days after the receipt of the appeal. The applicant or licensee shall have the right to present evidence at said hearing. The decision to issue/renew the license or uphold the denial, suspension or revocation shall be based solely on the criteria set forth in this chapter. The Code Administrator shall render a decision on the appeal within ten business days after the date of the hearing.
(B) Upon receipt by the Code Administrator of a written appeal pursuant to division (A) above, a denial of an application for renewal of the license or a suspension or revocation of the license of any sexually oriented business shall be stayed until a decision is rendered by the Code Administrator. In addition, upon receipt by the Code Administrator of a written appeal pursuant to division (A) above, the denial of an initial application for a license by any sexually oriented business existing prior to the effective date of this chapter shall be stayed until a decision is rendered by the Code Administrator.
(C) The decision of the Code Administrator is subject to review in the Superior Court of the county by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the Clerk of Superior Court within 30 days after notice of the decision has been received by the applicant or licensee. A denial of an application for renewal of the license or a suspension or revocation of the license of any sexually oriented business shall be stayed until a decision is rendered by the Superior Court or the time to petition the Superior Court for a writ of certiorari has expired. The following provisions shall apply to any appeal to Superior Court from a decision of the Code Administrator.
(1) Unless good cause exists to contest a petition for writ of certiorari, the town shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation.
(2) The town shall transmit the record to the court no later than 15 business days after receiving the order allowing certiorari.
(D) An appeal by an applicant or licensee from the Superior Court of the county shall be governed by the state’s Rules of Appellate Procedure, but, unless a court of competent jurisdiction otherwise provides, said appeal shall not stay any action taken with regard to the license.