(a) Any denial, suspension or revocation of a new or renewal license under this chapter may be appealed to the Board of Zoning and Building Appeals by written notice within ten days of such denial, suspension or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within fourteen days (14) and must issue a decision affirming or reversing the denial, suspension or revocation within five days after the hearing.
(b) Any decision by the Board of Zoning and Building Appeals 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 Board of Zoning and Building Appeals within three days of the filing of the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board 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 Board and all other departments or agencies of the City shall provide any further information, assistance or cooperation requested by the reviewing court without delay.
(d) Any licensee lawfully operating an adult entertainment business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appeal to the Board of Zoning and Building Appeals or to a court.
(e) Any licensee lawfully acting as an employee in an adult entertainment business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal to the Board of Zoning and Building Appeals or to a court.
(f) In the event that an applicant for the new adult business license or a new adult entertainment employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within sixty (60) days of the date the appeal was filed, the City will issue such applicant a provisional adult business license or adult entertainment employee license upon request of the applicant. The provisional license will:
(1) Allow an applicant for an adult business license to operate the adult entertainment business or adult motel named in the license application under the same terms as a normal adult business license issued pursuant to section 753.07 of this chapter for the period of time specified in subsection (g) hereof;
(2) Allow an applicant for an adult entertainment employee license to act as an employee on the premises of an adult entertainment business or adult motel under the same terms as a normal adult entertainment employee license issued pursuant to Section 753.09 of this chapter for the period of time specified in subsection (g) hereof; and
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional adult business license or adult entertainment employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending thirty days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the Building Commissioner pursuant to Section 753.08(b) of this chapter. The Building Commissioner shall grant an application for renewal of a provisional license unless he or she determines that new grounds exist for denial of a license application pursuant to Sections 753.07 or Section 753.09 of this chapter, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 02-25. Passed 5-20-02.)