(a) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the City of Rocky River Board of Zoning & Building Appeals by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board of Zoning & Building Appeals must hold a hearing on the appeal within thirty (30) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial , suspension, or revocation of a new or renewal license and the date of the Board of Zoning and Building Appeals' 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 Board of Zoning and Building Appeals affirms the denial, suspension, or revocation of a new or renewal license under this Chapter, the City must within ten (10) days of such a denial, suspension or revocation, seek a declaratory judgment in a court of competent jurisdiction to determine whether the Board of Zoning and Building Appeals' action was lawful. The Board of Zoning and Building Appeals must also within ten (10) days of such a denial, suspension or revocation transmit to the court in which the declaratory judgment is sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Board of Zoning and Building Appeals and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the court without delay.
(c) Any licensee lawfully operating a sexually oriented business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license, subject to all other terms of this chapter, during the pendency of an appeal to the Board of Zoning and Building Appeals of a decision rendered under this chapter and during the entire time required for the court to rule on the declaratory judgment action instituted by the City pursuant to subsection (b) above.
(d) Any licensee lawfully acting as an employee in a sexually oriented business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license, subject to all other terms of this chapter, during the pendency of an appeal to the Board of Zoning and Building Appeals of a decision rendered under this Chapter and during the entire time required for the court to rule on the declaratory judgment action instituted by the City pursuant to subsection (b) above.
(e) Any applicant for a new sexually oriented business or adult motel license or a new sexually oriented business or adult motel employee license whose appeal from the denial of a license application has been denied by the Board of Zoning and Building Appeals shall immediately be issued said license and shall retain said license, subject to all other terms of this Chapter, during the entire time required for the court to rule on the declaratory judgment action instituted by the City pursuant to sub-section (b) above.
(f) In the event that a decision of the Board of Zoning and Building Appeals affirming the denial, suspension, or revocation of a new or renewal license under this chapter is upheld in the declaratory judgment action instituted by the City under subsection (b) above, and the licensee, including any licensee whose license was issued pursuant to subsection (e) above, seeks further judicial review of that decision, the City will maintain the status quo by allowing the licensee to retain said license, subject to all other terms of this chapter, until the date that an appellate judicial decision is issued upholding the declaratory judgment.
(g) In the event that any declaratory judgment action or other judicial review, including review of a declaratory judgment, 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 Director of Public Safety-Service or his designee pursuant to this chapter. The Director of Public Safety-Service or his designee shall grant an application for renewal of a license under this provision unless he determines that additional deficiencies under Sections 751.07(e) or 751.09(c) are now present which did not exist at the time of the original license application.
(h) If, during the pendency of any declaratory judgment action required by paragraph (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 declaratory judgment required by paragraph (b) above for the additional denials, suspensions or revocations with any pending declaratory judgment action for that same licensee.
(Ord. 115-03. Passed 7-14-03.)