(A) (1) When the Chief of Police issues a written notice of intent to deny, suspend or revoke a license, the Chief of Police 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 Chief of Police for the respondent. The notice shall also set forth the following: the respondent shall have ten days after the delivery of the written notice to submit, at the office of the Chief of Police, a written request for a hearing. If the respondent does not request a hearing within said ten days, the Chief of Police’s written notice shall become a final denial, suspension or revocation, as the case may be, on the thirtieth day after it is issued, and shall be subject to the provisions of division (B) below.
(2) If the respondent does make a written request for a hearing within said ten days, then the Chief of Police shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time and place of the hearing. The hearing shall be conducted not less than ten days, nor more than 20 days, after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.
(3) At the hearing, the respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Chief of Police’s witnesses. The Chief of Police shall also be represented by counsel and shall bear the burden of proving the grounds for denying, suspending or revoking the license. The hearing shall take no longer than two 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 final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(4) If the decision is to deny, suspend or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth day after it is rendered. If the Hearing Officer’s decision finds that no grounds exist for denial, suspension or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the Chief of Police 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 Chief of Police shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging a licensing decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within 30 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 lawfully operating as a sexually-oriented business, or any sexually-oriented business employee that is lawfully employed as a sexually-oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Chief of Police: upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city’s enforcement of any denial, suspension or revocation of a temporary license or annual license, the Chief of Police 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 or otherwise enjoin the city’s enforcement.
(Prior Code, § 118.10) (Ord. G-09-15, passed 12-14-2009)