(A) If facts exist for denial, suspension or revocation of a license under this chapter, the enforcement officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefore, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the enforcement officer. Within five business days of receipt of the notice, the respondent may provide to the enforcement officer, in writing, a response that shall include a statement of reasons why the license should not be denied, suspended or revoked. Within three business days of the receipt of respondent’s written response, the enforcement officer, after consultation with the City Mayor, shall notify the respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.
(1) (a) Within 14 business days of the receipt of respondent’s written response, the City Common Council shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. The City Common Council shall issue a written opinion and decision within five days of the hearing.
(b) If a response is not received by the enforcement officer in the time provided or, if after a hearing, the City Common Council finds that grounds as specified in this chapter exist for denial, suspension or revocation, then the denial, suspension or revocation shall be come final five days after the City Common Council sends, by certified mail, written notice that the permit has been denied, suspended or revoked. The notice shall include a statement advising the applicant or permittee of the right to appeal the decision to a court of competent jurisdiction.
(2) If the City Common Council finds that no grounds exist for denial, suspension or revocation of a license, then within five days after the hearing, the City Common Council shall withdraw the intent to deny, suspend or revoke the license, and shall so notify the respondent in writing by certified mail of the action and, in the case of an application for a license, shall contemporaneously direct the enforcement officer to issue the license.
(B) (1) When a decision to deny, suspend or revoke a license becomes final, the applicant or permittee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal the action to a court of competent jurisdiction.
(2) The following shall apply to businesses that have previously obtained a license under this chapter: upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city’s enforcement of the denial, suspension or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional permit shall allow the aggrieved party to continue operation of the sexually oriented business, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain or otherwise enjoin the city’s enforcement.
(Ord. 2012-2, passed 4-3-2012)