(a) Any denial, suspension, or revocation of a license under this chapter may be appealed to the Village Council by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Village Council 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 Village Council 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 Village Council denies, suspends, or revokes a new or renewal license under this chapter, or any action taken on an appeal that is provided by this chapter, the applicant may pursue an appeal to Jefferson County Court of Common Pleas pursuant to Revised Code Chapter 2506. The failure of the Village Council to render a decision on the application within the time prescribed in Section 749.11(a) shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to Jefferson County Court of Common Pleas pursuant to Revised Code Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D-4 (2004), 541 U.S. 774.
(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 Village Council of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to subsection (b) above.
(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 Village Council of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to subsection (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 Village Police Chief or its designee 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 Village 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 subsection (b) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the Village has the right to consolidate the appeal pursued under subsection (b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 2012-12. Passed 7-10-12.)