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A. Filing: If the license is denied or approved with qualifications, or if a notice of suspension or revocation is given, the applicant or licensee may file an appeal with the business license coordinator.
B. Time Limitation; Hearing Scheduled: Filing of an appeal must be within ten (10) days of the date of service of the notice of any denial, qualified approval, suspension or revocation. Upon receiving the notice of such appeal, the business license coordinator shall schedule a hearing before a designated hearing officer within twenty (20) days from the date of the appeal unless such time shall be extended for good cause.
C. Hearing: The hearing officer shall hold a hearing on the record, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension or revocation was proper under the law.
D. Burden Of Proof: The burden of proof shall be on the city.
E. Recommended Decision: After the hearing, the hearing officer shall have seven (7) working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the mayor.
F. Objections: Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the mayor within seven (7) days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objections are received within the seven (7) days, the mayor may immediately adopt the recommendation of the hearing officer.
G. Consideration: If objections are received, the mayor shall have ten (10) working days to consider such objections before issuing the mayor's final decision. The mayor may, in the mayor's discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer's recommendation.
H. Judicial Review: An applicant aggrieved by the mayor's decision shall have judicial review of such decision pursuant to rule 65.B., Utah rules of civil procedure, or any other applicable ordinance, statute or rule providing for such review.
(Ord. 2000-39, 7-18-2000)
A. The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of the provisions codified in this chapter and regardless of whether such persons and businesses are currently licensed to do business in the city.
B. The following persons or businesses shall have the following periods of time to comply with the provisions of this chapter:
1. A tavern or private club licensed and operating as a cabaret on July 18, 2000, which is classified under the provisions of this chapter as an adult live entertainment business, shall have until January 2, 2001, to comply with the provisions of this chapter.
2. Any person licensed as a professional dancer on July 18, 2000, who is classified under the provisions of this ordinance as a sexually oriented business employee, shall have until January 2, 2001, to comply with the provisions of this chapter.
C. Compliance with location, site, or signage restrictions or requirements under the sexually oriented zoning ordinances shall be governed by the provisions of this title.
(Ord. 2000-39, 7-18-2000)