(A) Notice.
(1) If facts exist for denial, suspension or revocation of a permit under this chapter, the City Controller shall notify the applicant or permittee (respondent) in writing of the intent to deny, suspend or revoke the permit, including the grounds therefor, by personal delivery or certified mail.
(2) The notification shall be directed to the most current business address on file with the City Controller.
(3) Within five working days of receipt of such notice, the respondent may provide to the City Controller, in writing, a response that shall include a statement of reasons why the permit should not be denied, suspended or revoked.
(4) Within three days of the receipt of respondent's written response, the Board of Public Works and Safety shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding.
(B) Hearing. Within ten working days of the receipt of respondent's written response, the Board of Public Works and Safety shall conduct a hearing, at which respondent shall have the opportunity to be represented by counsel, and to present evidence and witnesses on his or her behalf.
(C) Decision.
(1) The Board of Public Works and Safety shall issue a written opinion and decision within five days of the hearing.
(2) (a) If a response is not received by the Board of Public Works and Safety in the time provided or, if after a hearing, the Board of Public Works and Safety finds that grounds as specified in this chapter exist for denial, suspension or revocation, then the denial, suspension or revocation shall become final five days after the Board of Public Works and Safety sends, by certified mail, written notice that the permit has been denied, suspended or revoked.
(b) The notice shall include a statement advising the applicant or permittee of the right to appeal the decision to a court of competent jurisdiction.
(3) If the Board of Public Works and Safety finds that no grounds exist for denial, suspension or revocation of a permit, then within five days after the hearing, the Board of Public Works and Safety shall withdraw the intent to deny, suspend or revoke the permit, and shall so notify the respondent in writing by certified mail of the action, and shall contemporaneously issue the permit.
(D) Appeal and provisional permit.
(1) When a decision to deny, suspend or revoke a permit becomes final, the applicant or permittee (aggrieved party) whose application for a permit has been denied, or whose permit has been suspended or revoked, shall have the right to appeal the action to a court of competent jurisdiction.
(2) 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 aggrieved party a provisional permit.
(3) The provisional permit shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee, as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the city's enforcement.
(Ord. G-04-10, passed 3-18-2004)