(a) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the Board of Zoning and Building Appeals, which shall act as the Board of Appeals ("Board") for purposes of this section, by written notice to the Board within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within fourteen days of receipt of the notice at its office and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
(b) Any decision by the Board shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall file a notice of appeal with the Board, as well as with the court, and shall file a praecipe with the Board requesting that a complete transcript of all original papers, testimony, and evidence offered, heard, and taken into consideration in the Board's issuance of the final order appealed from be filed with the court. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board shall transmit to the court in which the appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Board and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Subject to the provisions of subsection (f) of this section, 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, may continue to operate said business during the pendency of an appeal to the Board or to a court.
(e) Subject to the provisions of subsection (f) of this section, 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, may continue to serve in such capacity during the pendency of an appeal to the Board or to a court.
(f) In the event that an applicant for a new sexually oriented business license or a new sexually oriented business employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within sixty days of the date the appeal was filed, the City will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license:
(1) Will allow an applicant for a sexually oriented business license to operate the sexually oriented business named in the license application under the same terms as a normal sexually oriented business issued pursuant to Section 856.07 of this chapter for the period of time specified in subsection (g) of this section;
(2) Will allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business under the same terms as a normal sexually oriented business employee license issued pursuant to Section 856.09 of this chapter for the period of time specified in subsection (g) of this section; and
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional sexually oriented business license or sexually oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending thirty days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the City Manager pursuant to Section 856.12(b) or (e) of this chapter. The City Manager shall grant an application for renewal of a provisional license unless the City Manager determines that new grounds exist for denial of a license application pursuant to Section 856.07 or Section 856.09 of this chapter, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 98-69. Passed 6-4-98.)