(a) Any denial, suspension, or revocation of a license under this chapter may be appealed to the City Council by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Council must hold a hearing on the appeal within twenty-one (21) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial, suspension or revocation of a license and the date of the Council’s decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
(b) In the event that the Council affirms the denial, suspension, or revocation of a new or renewal license under this chapter, such decision shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall provide written notice of such appeal to the City in advance of or at the time of the filing of the appeal. Within ten (10) days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the City shall transmit to the court in which appeal was sought a copy of the full administrative record for 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 City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Any licensee lawfully operating a Sexually Oriented Business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Council of a decision rendered under this chapter and during the entire time required for a court to rule on any appeal from a decision of Council affirming the denial of a license or license renewal, or the suspension or revocation of a license.
(e) Any licensee lawfully 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, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Council of a decision rendered under this chapter and during the entire time required for a court to rule on any appeal from a decision of Council affirming the denial of a license or license renewal, or the suspension or revocation of a license.
(f) Any applicant for a new Sexually Oriented Business license or a new Sexually Oriented Business employee license whose appeal from the denial of a license application has been denied by the Council shall immediately be issued said license and shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, during the entire time required for a trial court to rule on any appeal from a decision of Council.
(g) In the event that a decision of the Council under this chapter affirming the denial of a renewal license, or the suspension or revocation of a license is upheld by a trial court, and the licensee seeks appellate judicial review of that decision, the City will maintain the status quo by allowing the licensee to retain said license, subject to all other terms of this chapter, until the date that an appellate judicial decision is issued upholding Council. This provision shall not apply to any licensee whose license was issued pursuant to subsection (f) above.
(h) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the City Manager or his/her designee pursuant to this chapter. The City Manager or his/her designee shall grant an application for renewal of a license under this provision unless he/she determines that additional deficiencies under Section 711.07(e) are now present which did not exist at the time of the original license application or the suspension or revocation of the license. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(i) If, during the pendency of any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license, there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate any judicial review for the additional denials, suspensions or revocations with any pending judicial review for that same licensee.
(Ord. 04-06. Passed 2-17-04.)