(A) Notification. If the City Manager determines that facts exist for denial, suspension, or revocation of a license under this chapter, the City Manager shall notify the applicant or licensee (“respondent”) in writing of the intent to deny, suspend, or revoke the license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the city. Within five working days of receipt of such notice, the respondent may provide to the City Manager, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three days of the receipt of respondent’s written response, the City Manager shall notify respondent in writing of the hearing date on respondent’s denial, suspension, or revocation proceeding.
(B) Appeal and hearing.
(1) Within ten working days of the receipt of respondent’s written response, the city shall conduct a hearing on respondent’s appeal of the City Manager’s decision. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the City Council shall make a final decision. If a response is not received by the city in the time stated or, if after the hearing, the city finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial suspension, or revocation shall become final five days after the city sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
(2) If the City Council finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the City Manager shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.
(C) Judicial review. Any decision of the City Council shall be a final appealable order and the applicant or licensee (“aggrieved party”) may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(D) Stay of decision. The filing of an appeal stays the action and decision of the City Council requiring, denying, suspending or revoking a license until 60 days after a final decision by the City Council, to provide the aggrieved party sufficient time to appeal the City Council’s decision to a court of competent jurisdiction. If the aggrieved party appeals the City Council’s decision within the 60 days provided, the stay shall be extended until a final judicial decision is rendered in the matter.
(E) Provisional license. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city’s enforcement of the denial, suspension, revocation, or licensure requirement, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented 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.
(F) Additional requirements. The City Council may condition denial, suspension, revocation, or non-renewal of a license upon appropriate terms and conditions.
(Ord. 233, passed 1-10-05)