729.13  HEARING; APPEAL; TEMPORARY PERMIT.
   (a)    Hearing.  If the City Manager or his/her designee determines that facts exist for denial, suspension, or revocation of a permit under this chapter, the City Clerk shall notify the applicant or permittee (the "respondent") in writing of the intent to deny, suspend or revoke the permit, including the grounds therefor, by personal delivery, or by certified mail, return receipt requested. The notification shall be directed to the address designated by the applicant in the application on file with the City. Within five (5) working days of receipt of such notice, the respondent must provide to the City Manager or his/her designees in writing a response that shall include a statement of reasons why the permit should not be denied, suspended, or revoked. Within ten (10) working days of the receipt of such written response, the City Council shall conduct a hearing at which respondent shall have the opportunity to appear and be heard in person, and/ or by respondent's attorney, in opposition to the notice of intent to deny, suspend or revoke the permit, and do any and all of the following:
      (1)    Present respondent's position, arguments and contentions;
      (2)    Offer and examine witnesses and present evidence in support;
      (3)    Cross-examine witnesses purporting to refute respondent's position, arguments and contentions, including but not limited to the City Manager and/ or his/her designees;
      (4)    Offer evidence to refute evidence and testimony offered in opposition to respondent's position, arguments and contentions; and
      (5)    Proffer any such evidence into the record, if the admission is denied by the City Council. All testimony shall be given under oath. The City Council shall have the power to subpoena witnesses or evidence and shall make such power available to the respondent. The City Council shall have a complete record of the adjudication kept, including any evidence admitted or proffered. The City Council shall notify the respondent in writing, by personal delivery, or by certified mail, return receipt requested, of the hearing date within three (3) days of the receipt of respondent's written response. If a response is not received from the respondent by the City Council in the time stated or, if after the hearing the City Council finds that grounds as specified in this chapter exist for denial, suspension, or revocation of the permit, then such action shall become final and the City Clerk shall send notice of such to the respondent, by written decision describing the basis for the denial, suspension or revocation, within five (5) working days of the hearing. Such notice shall be sent by personal delivery, or by certified mail, return receipt requested. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the City Council finds that no grounds exist for denial, suspension, or revocation of a permit then the City Manager or his/her designees shall withdraw the notice of intent to deny, suspend or revoke the permit and shall so notify the respondent in writing by personal delivery, or by certified mail, return receipt requested, of such action and issue the applicable permit.
   (b)    Appeal: Issue of Temporary Permit. When a decision to deny, suspend or revoke a permit becomes final, the respondent 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 the Clermont County Court of Common Pleas, pursuant to Ohio Revised Code Chapter 2506, or to file an action challenging such decision in any other court of competent jurisdiction as is permitted by law. Upon the filing of an appeal of a denial of an application for a sexually oriented business permit by the respondent, the City Manager or his/her designee shall, within two business days of notification thereof, issue a temporary sexually oriented business permit to the applicant. Such temporary permit shall be effective pending the entry of a final judgment on the appeal by a court of competent jurisdiction.
   (c)    Application of Chapter to Temporary Permit Holder. Holders of a temporary sexually oriented business permit, as provided in subsection (b) above shall be subject to the provisions of this chapter.
   (d)    Stay of Suspension or Revocation.  A suspension or revocation shall be stayed until the earlier of the following:
      (1)    The respondent fails to respond in writing to the notice of intent to suspend or revoke the permit issued by the City Manager or his/her designees within the time period prescribed in subsection (a) hereof; or
      (2)    The entry of a final judgment by a court of competent jurisdiction on appeal of a suspension or revocation. (Ord. 01-92. Passed 2-6-01.)