(a) If the Service Director determines that probable grounds exist for denial, suspension, or revocation of a license under this chapter, the Service Director shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the Service Director. Within ten working days of receipt of such notice, the respondent may provide to the Service Director in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within ten working days of the receipt of such written response, the Service Director shall conduct a hearing at which respondent shall have the opportunity to present evidence and witnesses on his or her behalf. The Service Director shall notify the respondent in writing of the hearing date within three days of the receipt of such written response. If a response is not received by the Service Director in the time stated or, if after the hearing the Service Director finds that grounds exist for denial, suspension, or revocation, then such action shall become final and notice of such final action sent to the applicant or licensee. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction. If the Service Director finds that no grounds exist for denial, suspension, or revocation of a license then the Service Director shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the respondent in writing by delivery, or by certified mail of such action.
(b) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction pursuant to Ohio R.C. Chapter 2506. Any suspension or revocation of a license for a sexually oriented business does not take effect until a final decision is rendered in an appeal taken pursuant to this section.
(c) Upon the filing of an appeal pursuant to this section by an applicant for a sexually oriented business license, said applicant shall be granted a temporary license to operate said sexually oriented business pending a final decision on said appeal. Such temporary license shall be subject to all provisions of this chapter. (Ord. 7897-13. Passed 5-13-13.)