(A) The Borough Code Officer shall revoke a license if a cause of suspension in § 115.08 occurs and the license has been suspended within the preceding 12 months.
(B) The Borough Code Officer shall revoke a license if he or she determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the license premises; or
(6) A licensee is delinquent in payment to the borough for any licensing fees past due.
(C) When the borough revokes a license, the revocation shall continue for one year, and the license shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the borough finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(D) All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend or revoke a permit shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any license, the applicant or licensee may appeal pursuant to the local agency law to the Board of Supervisors. The Council will then hold a local agency law hearing within 20 days from the date the appeal is filed and will render a written decision within ten days from the date such hearing concludes. Any such appeal must be filed, in writing, with the Borough Secretary/Treasurer within ten days from the date of mailing of the decision appealed from. Failure to file said appeal with the Borough Secretary/Treasurer within ten days from the date of the mailing of the decision appealed from shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. In the case of a denial of a license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of: (1) the expiration of the ten-day appeal period without filing of an appeal; or (2) the date of a decision dismissing any appeal.
(E) Any person aggrieved by a decision of the Council may appeal to a court of competent jurisdiction. The borough shall, upon filing of such appeal, consent to any request by a license applicant or licensee to the court to give expedited review to such appeal. The borough shall certify any record to the court to do so.
(Ord. 1454, passed 12-17-2018, § 9)