(a) The Issuing Officer may suspend or revoke a license on the following grounds:
(1) The licensee committed any act which would be grounds to deny the license, or
(2) The licensee committed an illegal act, or allowed any of its agents or employees to commit an illegal act, while engaging in the activity for which the license was issued or used or allowed any agent or employee to use the license to its terms; or
(3) The licensee refused to allow an inspection pursuant to section 21.117 or other inspection authorized by this code or State law.
(b) If the Issuing Officer proposes to suspend or revoke a license the Issuing Officer shall give the licensee notice that states:
(1) Whether the proposed action is to revoke or suspend the license and for suspension, the time period for the suspension,
(2) The reasons why the Issuing Officer believes the license should be suspended or revoked,
(3) The applicant has the right to a hearing before the Issuing Officer to contest the suspension or revocation of the license if within 21 days after the date of the notice the applicant makes a written request for a hearing to the Issuing Officer,
(4) At the hearing the applicant may present evidence and be represented by legal counsel,
(5) If the applicant fails to request the hearing within 21 days of the date of the notice the applicant waives all rights to contest the license revocation or suspension,
(6) If after the hearing before the Issuing Officer the hearing officer does not overturn the decision to suspend or revoke the license the applicant has the right to appeal the Issuing Officer's decision to the Appellate Hearing Board, but only if the applicant appears at the hearing and completes the hearing before the Issuing Officer.
(c) If the Issuing Officer determines to suspend or revoke an Entertainment Establishment License the Issuing Officer shall give the applicant notice that the decision is final and the applicant is entitled to prompt judicial review. The County hereby designates the suspension or revocation of an Entertainment Establishment License under this section to be eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8. If the applicant files an action for Administrative Mandamus under section 1094.8 to challenge the Issuing Officer's suspension or revocation of the license the Issuing Officer shall immediately issue the applicant a provisional license. The provisional license shall allow the applicant to engage in the activity and will expire upon the court's entry of a judgment on the applicant's appeal or other action to challenge the Issuing Officer's denial of the license. If the Issuing Officer determines that issuing a provisional license would threaten the health or safety of the public while judicial review is pending, the Issuing Officer shall not issue a provisional license.
(Amended by Ord. No. 5290 (N.S.), effective 11-30-78; amended by Ord. No. 7912 (N.S.), effective 6-27-91; amended by Ord. No. 9889 (N.S.), effective 10-26-07)