(A) (1) When the County Clerk or designated agent issues a written notice of intent to deny, suspend, or revoke a license, the County Clerk shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) 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 County Clerk for the respondent. The notice shall also set forth the following.
(a) The respondent shall have ten days after the delivery of the written notice to submit, at the office of the County Attorney, a written request for a hearing.
(b) If the respondent does not request a hearing within said ten days, the County Clerk’s written notice shall become a final denial, suspension, or revocation, as the case may be, on the thirtieth day after it is issued, and shall be subject to the provisions of division (B) below.
(2) If the respondent does make a written request for a hearing within said ten days, then the County Attorney shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than 20 days after the date that the hearing notice is issued. The county shall provide for the hearing to be transcribed.
(3) At the hearing, the 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 county’s witnesses. The County Clerk shall also be represented by the County Attorney, and shall prove the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(4) If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth day after it is rendered. If the Hearing Officer’s decision finds that no grounds exist for denial, suspension, or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the County Clerk to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the County Clerk shall contemporaneously therewith issue the license to the applicant.
(B) If any party files a court action challenging a licensing decision, the county shall prepare and transmit to the court a transcript of the hearing within 30 days after receiving written notice of the court action. 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 adult entertainment establishment that is lawfully operating as an adult entertainment establishment, or any adult entertainment establishment employee that is lawfully employed as an adult entertainment establishment employee, on the date on which the completed business or employee application, as applicable, is filed with the County Clerk. 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 County Clerk shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the adult entertainment establishment or to continue employment as an adult entertainment establishment employee and will expire upon the court’s entry of a judgment on the respondent’s appeal or other action to restrain or otherwise enjoin the county’s enforcement.
(Ord. KOC 1030.3 (2008), passed 12-18-2008)