(A) (1) When the Mayor issues a written notice of intent to deny, suspend, or revoke a license, the Mayor shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Mayor for the respondent. The notice shall specify a date, not less than ten (10) days nor more than twenty (20) days after the date the notice is issued, on which the Hearing Officer shall conduct a hearing on the Mayor’s intent to deny, suspend, or revoke the license.
(2) At the hearing, the respondent shall have the opportunity to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Mayor’s witnesses. The Mayor shall also be represented by counsel, and shall bear the burden of proving, by a preponderance of the evidence, the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five (5) days after the hearing.
(3) If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the thirtieth day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal or challenge such decision, by any available procedure, to a court of competent jurisdiction within thirty (30) days after the decision is rendered. If the Hearing Officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the City Council shall, contemporaneously with the issuance of the decision, order the Mayor to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the Mayor shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging the Hearing Officer’s decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within fifteen (15) days after receiving written notice of the filing of the court action. The city shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any sexually oriented business that is in operation as of the effective date of this chapter: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city’s enforcement of the denial, suspension, or revocation, the city shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court’s entry of a judgment on the respondent’s appeal or other action to restrain, challenge, or otherwise enjoin the city’s enforcement.
(Ord. 07-13, passed 6-11-07)