(a) Any denial, suspension, or revocation of a license under this Chapter may be appealed to the City Planning Commission by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the City Planning Commission must hold a hearing on the appeal within twenty-one (21) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the City Planning Commission decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
(b) In the event that the City Planning Commission affirms the denial, suspension or revocation of a license, the applicant may pursue an appeal to Richland County Court of Common Pleas pursuant to Revised Code Chapter 2506. The failure of the City Planning Commission to render a decision on the application within the time prescribed in Section 761.12 (a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to Richland County Court of Common Pleas pursuant to Revised Code Chapter 2506.
(c) 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, shall retain said license and all privileges attendant thereto, subject to all other terms of this Chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the City Planning Commission of a decision rendered under this Chapter and during the entire time required for the court to rule on the appeal pursuant to Section 761.12(b).
(d) 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, shall retain said license and all privileges attendant thereto, subject to all other terms of this Chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the City Planning Commission of a decision rendered under this Chapter and during the entire time required for the court to rule on the appeal pursuant to Section 761.12(b) above.
(e) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the Codes & Permits Department pursuant to this Chapter. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(f) If, during the pendency of any appeal pursued under Section 761.12(b) there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate the appeal pursued under Section 761.12(b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 10-158. Passed 7-6-10.)
(Ord. 10-158. Passed 7-6-10.)