(A) When the Town Manager issues a written notice of intent to deny, suspend, or revoke a license, the Town Manager 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 Town Manager for the respondent. The notice shall also set forth the following:
(1) The respondent shall have 10 days after the delivery of the written notice to submit, at the office of the Town Manager, a written request for a hearing. If the respondent does not request a hearing within said 10 days, the Town Manager’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) of this section.
(2) If the respondent does make a written request for a hearing within said 10 days, then the Town Manager shall, within 10 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 10 days nor more than 20 days after the date that the hearing notice is issued. The town 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 Town Manager’s witnesses. The Town Manager shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than 2 days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Town Court shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within 5 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 Town Court’s decision finds that no grounds exist for denial, suspension, or revocation of the license, the Town Court shall, contemporaneously with the issuance of the decision, order the Town Manager 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 Town Manager shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging a licensing decision is initiated, the town shall prepare and transmit to the court a transcript of the hearing within 30 days after receiving written notice of the filing of the court action. The town 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 sexually oriented business that is lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Town Manager:
(1) Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the town’s enforcement of any denial, suspension, or revocation of a temporary license or annual license, the Town Manager shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business 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 town’s enforcement.
(Ord. 2013-02, passed 5-14-2013)