(A) When the Towns Council issues a written notice of intent to deny, suspend or revoke a resolution license, the Town Council shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or resolution 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 Council Clerk-Treasurer for the respondent. The notice shall specify a date, not less than ten days nor more than 20 days after the date the notice is issued, on which the Town Council shall conduct a hearing on the Town Council’s intent to deny, suspend or revoke the license.
(1) 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 Council’s witnesses. The Town Council shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending or revoking the resolution license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Town Council shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing. Ten days after the Board issues its written decision, said decision shall be deemed final and any temporary license shall expire.
(2) If the decision is to deny, suspend or revoke the license, the decision shall include a statement advising the respondent of the right to appeal or challenge such decision in a court of competent jurisdiction. If the Town Council’s decision finds that no grounds, exist for denial, suspension or revocation of the license, the Town Council shall, contemporaneously with the issuance of the decision, order the Town Council 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 resolution licensed, the Town Council shall contemporaneously therewith issue the resolution license to the applicant.
(B) If any court action challenging the Town Council’s decision is initiated, the Town Council shall prepare and transmit to the court a transcript of the hearing within ten days after receiving written notice of the filing of the court action. The Town Council 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 in operation, in all respects, as of the effective date of this chapter. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the town’s enforcement of the denial, suspension or revocation, the town 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. 2011-TO-019, passed 7-18-2011) Penalty, see § 114.99