(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.
(b) Any decision by the Board of Zoning and Building Appeals shall be a final appealable order and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this Chapter, the applicant or licensee shall provide written notice of such appeal to the Board of Zoning & Building Appeals in advance of or at the time of the filing of the appeal. Within ten (10) days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board of Zoning & Building Appeals shall transmit to the court in which appeal was 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 & Building Appeals and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Any applicant with a current State of Ohio ASF license at the time of the denial of a new local license or any local licensee with a current State of Ohio ASF license at the time of the denial of a local license renewal or at the time of a suspension or revocation of a local license, may continue to operate under said State license during the pendency of an appeal of a decision of the Director rendered under this Chapter to the Board of Zoning & Building Appeals. However, nothing contained in this subsection shall prevent the City or the Director from seeking and/or obtaining an Order from a Court of competent jurisdiction to terminate the continued operation in the City under said State license during the pendency of such an appeal.
(Ord. 94-99. Passed 3-13-00.)