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(a) If the Director of Public Service denies the issuance of, or suspends or revokes a license, the Director of Public Service shall serve the applicant or the licensee, by certified mail, return receipt requested, written notice of the action and the right to appeal. Service on the applicant or the licensee may be made in the same manner as service of summons in a civil case, where service cannot be obtained by certified mail. Upon receipt of written notice of the denial, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the Board of Zoning Appeals. An appeal must be filed within 30 days after the receipt of notice of the decision of the Director of Public Service. The licensee shall bear the burden of proof.
(b) Any appeal before the Board of Zoning Appeals shall be considered at a public hearing to be held not later than 30 days from the date of filing the appeal, and, if the Board shall fail to reach a decision within five days after the conclusion of the hearing, unless a longer time shall be allowed by the appellant, the appeal shall be deemed to have been granted.
(c) When a decision to deny, suspend, or revoke a license becomes final, the applicant or license (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction. Upon filing of any court action to appeal, challenge, restrain or otherwise enjoin the City's enforcement of the denial, suspension, or revocation, the Director of Public Service shall immediately issue the aggrieved party a Provisional License. The Provisional License shall allow the aggrieved party to operate or 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. 1998-20. Passed 7-13-98; Ord. 2001-8. Passed 3-12-01.)