(A) If facts exist for denial, suspension or revocation of a permit under this chapter, the Area Plan Commission shall notify the applicant or permittee (respondent) in writing of the intent to deny, suspend or revoke the permit, 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 Area Plan Commission. Within five working days of receipt of such notice, the respondent may provide to the Area Plan Commission, in writing, a response that shall include a statement of reasons why the permit should not be denied, suspended or revoked. Within three days of the receipt of respondent’s written response, the Area Plan Commission shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.
(B) Within ten working days of the receipt of respondent’s written response, the Area Plan Commission shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. The Area Plan Commission shall issue a written opinion and decision within five days of the hearing. If a response is not received by the Area Plan Commission in the time provided or if after a hearing, the Area Plan Commission finds that grounds as specified in this chapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five days after the Area Plan Commission sends, by certified mail, written notice that the permit has been denied, suspended or revoked. Such notice shall include a statement advising the applicant or permittee of the right to appeal such decision to a court of competent jurisdiction.
(C) If the Area Plan Commission finds that no grounds exist for denial, suspension or revocation of a permit, then within five days after the hearing, the Area Plan Commission shall withdraw the intent to deny, suspend or revoke the permit, and shall so notify the respondent in writing by certified mail of such action and, in the case of an application for a permit, shall contemporaneously issue the permit.
(D) (1) When a decision to deny, suspend or revoke a permit becomes final, the applicant or permittee (aggrieved party) whose application for a permit has been denied, or whose permit has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction.
(2) The following shall apply to businesses that have previously obtained a license under this chapter: upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the county’s enforcement of the denial, suspension or revocation, the county shall immediately issue the aggrieved party a provisional permit. The provisional permit shall allow the aggrieved party to continue operation of the sexually-oriented business, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain or otherwise enjoin the county’s enforcement.
(Ord. passed 9-1-2006)