(a) In the event of the denial, suspension, or revocation of a new or renewal license under this chapter, the applicant may pursue an appeal to Crawford County Court of Common Pleas pursuant to Ohio R.C. Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D-4 (2004), 124 S. Ct. 2219.
(b) 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 of a decision rendered under this Ordinance and during the entire time required for the court to rule on the appeal pursuant to subsection (a) above.
(c) 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 of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to subsection (a) above.
(d) 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 Mayor or his/her designee pursuant to this chapter. 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.
(e) If, during the pendency of any appeal pursued under subsection (a) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate the appeal pursued under Section 741.11(a) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 2010-50. Passed 10-26-10.)