(A) If the Director of Licensing denies or revokes a permit under § 122.29, upon the written request of the applicant, he shall place the matter on the agenda of the next regularly scheduled meeting of the City Commission for review of his decision. In reviewing the decision of the Director of Licensing, the City Commission shall determine whether one or more of the factors outlined in § 122.28(A) exists.
('72 Code, § 16-21)
(B) Should the City Commission determine that the Director of Licensing correctly denied or revoked a permit or should the City Commission fail to consider and decide these issues within 14 days of the date of the decision of the Director of Licensing, then the Director of Licensing shall apply to a court of competent jurisdiction within ten days of such action or inaction to obtain judicial review of the issue. The city shall exert every reasonable effort to have the issue heard on its merits without delay as soon as legally possible. The city shall bear the burden of showing that the proposed activities should be prohibited.
(C) If the issue has not been heard and decided on the merits by the court within ten days from the date the complaint is filed, then an interim permit shall be deemed issued to the applicant by operation of law; all activities proposed to be carried on in the application for the original permit may be carried on as though a permit actually had been duly issued by the Director of Licensing, subject to the same restrictions and obligations under this subchapter as other permitted activities. The interim permit shall be deemed effective until such time as a judicial determination of the issue has been made.
('72 Code, § 16-22)
(Ord. O-81-72, passed 10-21-81) Penalty, see § 122.99