The Director of Public Safety may revoke any license issued pursuant to this chapter for a violation or violations of any of the provisions herein. Any revocation or denial of a license shall be in writing and shall be sent via certified U.S. Mail to the address provided in the application.
(a) Any denial or revocation of a license issued under this section may be appealed to the City Council by written notice within ten (10) days of such denial or revocation. Unless the applicant requests a longer period, the Council must hold a hearing on the appeal within fourteen (14) days and must issue a decision affirming or reversing the denial or revocation within five (5) days after the hearing. During the time between the date of the denial or revocation of a license and the date of the City Council decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
(b) In the event that the Council upholds a denial or revocation of a license under this section, the applicant may pursue an appeal to the Cuyahoga County Court of Common Pleas pursuant to Ohio R.C. Chapter 2506. The failure of the Council to render a decision on the appeal within the time prescribed in subsection (a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to the Cuyahoga County Court of Common Pleas pursuant to Ohio R.C. Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D 4 (2004), 541 U.S. 774.
(c) Any licensee (including employees) lawfully operating or employed at a sexually oriented business prior to the denial of a license renewal application, or the revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this section, so that the status quo of the licensee is maintained during the pendency of an appeal to the Council of a decision rendered under this section and during the entire time required for the court to rule on the appeal pursuant to subsection (b) above.
(d) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the Safety Director pursuant to this section. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(e) If, during the pendency of any appeal pursued under subsection (b) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate the appeal pursued under subsection (b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 2012-119. Passed 11-20-12.)