(A) If the City Clerk determines that probable grounds exist for denial, suspension, or revocation of a permit or license under this chapter, the City Clerk shall notify the applicant, permittee or licensee (respondent) in writing of the intent to deny, suspend or revoke the permit or license, including the grounds therefore, by personal delivery or certified mail (return receipt requested).
(1) The notification shall be directed to the most current business and resident address on file with the city.
(2) Within ten (10) working days of receipt of the notice, the respondent may provide to the City Clerk, in writing, a response which shall include a statement of reasons why the permit or license should not be denied, suspended or revoked.
(3) Within ten (10) working days of the receipt of such written response or at the next regularly scheduled meeting of the City Council Public Safety Committee; whichever shall occur later, the City Council Public Safety Committee shall conduct a hearing at which respondent shall have the opportunity to present evidence and witnesses on his behalf.
(4) The City Clerk shall notify the respondent in writing of the hearing date within three (3) days of the receipt of such written response.
(5) If a response is not received by the City Clerk in the time stated or, if after the hearing the City Council Public Safety Committee finds that grounds exist for denial, suspension, or revocation, then such action shall become final and notice of such final action shall be sent to the respondent.
(6) The notice shall include a statement advising the applicant, permittee or licensee of the right to appeal such decision to a court of competent jurisdiction.
(7) If the City Council Public Safety Committee finds that no grounds exist for denial, suspension, or revocation of a permit or license, then the City Clerk shall withdraw the intent to deny, suspend, or revoke the permit or license and shall so notify the respondent in writing, by personal delivery or certified mail of such action.
(B) When a decision to deny, suspend or revoke a permit or license becomes final, the applicant, permittee or licensee whose application for a permit or license has been denied, suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction within thirty (30) days of the delivery of such notice. Any suspension or revocation of a permit or license related to an Adult Oriented Business does not take effect until a final decision is rendered in an appeal taken pursuant to this section.
(C) Upon the filing of an appeal pursuant to this section by a permittee or licensee of an Adult Oriented Business permit or employee license, the holder shall be granted a temporary permit or license to operate the Adult Oriented Business or work in an Adult Oriented Business pending a final decision on the appeal. The temporary permit or license shall be subject to all provisions of this chapter.
(Ord. 98-1162A, passed 11-12-98)