If the City Manager, or person designated by the City, issues a denial, suspension, or revocation of a permit or application for a permit under this chapter, the City Manager, or person designated by the City, shall notify the applicant or permittee (respondent) in writing of the denial, suspension, or revocation of the permit application, including the grounds therefor, within three (3) business days of such decision. The notification shall be directed as provided in Section 734.27. The notification shall include information regarding the right to file an appeal as described below.
(a) Within ten (10) days of service of such notice, the respondent may provide to the Clerk of Council in writing a response which shall include an address at which notice may be sent by overnight mail or a telefax phone number for notice of a hearing date, and a statement of reasons why the permit or application should not be denied, suspended or revoked. A response is received when delivered to the Moraine City Building during regular business hours. If the Clerk of Council receives no response within ten (10) days, the action will become final. If a written notice is received by the Clerk of Council within said ten (10) days, the Clerk of Council shall notify the respondent by certified mail, return receipt requested, at the address provided or by telefax to the phone number provided of the hearing date within three (3) business days of receipt of such written response.
(b) Within thirty (30) days of receipt of such written response, the City Council shall conduct a public hearing at which the respondent shall have the opportunity to present evidence and witnesses on his or her behalf. The respondent may appear and be heard in person, or by his/her attorney, in opposition to the decision and do any of the following:
(1) Present his/her positions, 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;
(4) Offer evidence to refute evidence and testimony offered in opposition to his/her position, arguments and contentions; and
(5) Proffer any such evidence into the record, if the admission is denied by the City Council.
(c) 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. If after the hearing the City Council finds, by simple majority vote, that grounds as specified in this chapter exist for denial, suspension, or revocation, then such action shall become final and notice of such final action shall be sent to the applicant or permittee, by written decision. If the City Council finds, by simple majority vote, that no grounds exist for denial, suspension, or revocation of the permit, then the City Council shall overturn the denial, suspension, or revocation of the permit or application.
(1) The Clerk of Council shall notify the respondent in writing by delivery, overnight mail, telefax, or by certified mail of such action.
(2) The Council shall send their decision within five (5) business days after the hearing. The notice of the final decision shall contain the following:
A. The case number or other identifier, the applicant and a brief description of the matter before the Council;
B. A designation as a final decision;
C. A clear pronouncement of the Council’s decision including conclusions of fact supporting the final order;
D. The signature of the Mayor on behalf of Council; and
E. The date the decision was mailed, faxed or delivered.
(3) The Council shall conduct any hearing pursuant to this section relating to an application for a sexually oriented business permit or sexually oriented business employee or independent contractor permit, and approve or deny the appeal within thirty (30) days after notice is received by the Council from the respondent of an appeal. The respondent may, however, request a rescheduling or continuance of the hearing date set by the Council, in which case, the hearing date shall be extended for a reasonable period, and the thirty (30) day time period for the Council to decide the appeal shall be extended by the number of days the hearing is postponed due to the respondent’s request.
(d) If an appeal is filed, a suspension or revocation shall not be final and in effect until the later of:
(1) Council’s decision on the appeal becoming final and expiration of any time period for initial appeal to court from a denial of the appeal by the Council; or
(2) If an appeal is taken to court, the entering of a judgment on the appeal by a court of competent jurisdiction. The existing permit shall remain in effect during such period.
(e) If the Council has received a written appeal objecting to a denial of a permit/application, then the City Manager, or person designated by the City, shall immediately grant or continue a temporary permit to operate or work at the sexually oriented business. The temporary permit shall continue in effect until the later of:
(1) Council’s decision on the appeal being final and expiration of any time period for initial appeal to court from a denial by Council of the appeal; or
(2) If an appeal is taken to court, the entering of a judgment on the appeal by a court of competent jurisdiction. Operations under such temporary permit shall be subject to all provisions of this chapter.
(f) When a decision to deny, suspend or revoke a permit has been appealed and that decision becomes final, the applicant or permittee 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, pursuant to the Ohio Revised Code Chapter 2506.
(Ord. 1543-04. Passed 8-26-04.)