(A) After a denial of an application for a permit, a denial of an application for renewal of a permit, or a suspension or revocation of a permit the applicant or permitee may appeal the denial, suspension, or revocation in writing to the City Manager within 20 days after notice of the denial, suspension, or revocation has been received. The City Manager shall hold a hearing on whether to issue/renew the permit or uphold the denial, suspension, or revocation within five business days after the receipt of the appeal. The applicant or permitee shall have the right to present evidence at said hearing. The decision to issue/renew the permit or uphold the denial, suspension, or revocation shall be based solely on the criteria set forth in this article. The City Manager shall render a decision on the appeal within five business days after the date of the hearing.
(B) Upon receipt by the City Manager of a written appeal pursuant to subsection (A) above, a denial of an application for renewal of the permit or a suspension or revocation of the permit of any adult establishment shall be stayed until a decision is rendered by the City Manager. In addition, upon receipt by the City Manager of a written appeal pursuant to subsection (A) above, the denial of an initial application for a permit by any adult establishment existing prior to the effective date of this article shall be stayed until a decision is rendered by the City Manager.
(C) The decision of the City Manager is subject to review in the Superior Court of Union County by proceedings in the nature of certiorari. Any petition for writ of certiorari for review shall be filed with the Clerk of Superior Court within 30 days after notice of the decision has been received by the applicant or permitee. A denial of an application for renewal of the permit or a suspension or revocation of the permit of any adult establishment shall be stayed until a decision is rendered by the Superior Court or the time to petition the Superior Court for a writ of certiorari has expired. In addition, the denial of an initial application for an adult establishment permit by any adult establishment existing prior to the effective date of this ordinance shall be stayed until a decision is rendered by the superior court or a writ of certiorari has expired. The following provisions shall apply to any appeal to superior court from a decision of the City Manager.
(1) Unless good cause exists to contest a petition for writ of certiorari, the city shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation.
(2) The city shall transmit the record to the court no later than 15 business days after receiving the order allowing certiorari.
(a) An appeal by an applicant or permitee from the Superior Court of Union County shall be governed by the North Carolina Rules of Appellate Procedure but, unless a court of competent jurisdiction otherwise provides, said appeal shall not stay any action taken with regard to the permit.
(Ord. O-2006-07, passed 2-21-06)