(a) When the Sheriff determines to deny a person a license under this chapter, or to suspend or revoke a person's license issued under this chapter, the Sheriff shall send written notice of its proposed action to the person at the person's last known address. The notice shall include the reasons for the Sheriff's proposed action.
(b) A person receiving a notice described in subsection (a) above, the "respondent," may treat the notice of proposed action as a license denial, suspension or revocation, as applicable, and seek immediate judicial review. In the alternative, the respondent may first seek administrative review under this section.
(c) A respondent who elects to seek administrative review shall within 10 days of the date of the notice request a hearing from the Sheriff. The request for hearing shall include the reasons the respondent believes the license should not be denied, suspended or revoked. Within five days after the Sheriff receives the hearing request it shall notify the respondent of the date, time and location of the hearing and the hearing shall be held within 10 days of the date the Sheriff receives the hearing request, unless the respondent requests more time to prepare for the hearing. The Sheriff shall immediately issue the respondent a provisional license upon receipt of the hearing request. A provisional license for an adult entertainment establishment shall, however, be subject to section 21.1804(d).
(d) An administrative review hearing conducted under this section shall be conducted by a County Hearing Officer appointed pursuant to County Administrative Code sections 650 et seq. The Sheriff shall request the Clerk of the Board of Supervisors select a hearing officer on a rotating basis from the list of appointed hearing officers.
(e) At the administrative hearing the respondent shall have the opportunity to present evidence and witnesses and cross-examine any witness who testifies at the hearing. The hearing shall take no longer than two days, unless extended at respondent's request or as necessary to satisfy due process requirements. The hearing officer shall issue a written decision within five days after the hearing is concluded.
(f) The hearing officer's decision shall state whether there are sufficient grounds for the Sheriff's proposed action. If the hearing officer upholds the Sheriff's proposed action the decision shall advise the respondent of the right to challenge the decision in a court of competent jurisdiction. A provisional license issued under this section shall expire unless the respondent files an action for Administrative Mandamus under subsection (g) below. If the hearing officer finds the Sheriff's decision to deny a license cannot be upheld, the hearing officer shall direct the Sheriff to issue the license and the Sheriff shall issue the license within five days of the hearing officer's decision. If the hearing officer finds that there are not sufficient grounds to suspend or revoke a license, the Sheriff's notice of proposed action shall be deemed withdrawn.
(g) A respondent who elects to seek immediate judicial review after receiving a notice as provided in subsection (a) or who seeks to challenge a hearing officer's decision upholding the Sheriff's proposed action in subsection (f) shall have the right to bring an action in a court of competent jurisdiction. The County hereby designates the license denial, suspension or revocation described in this chapter to be eligible for expedited judicial review pursuant to California Code of Civil Procedure section 1094.8. If the applicant files an action for Administrative Mandamus as provided in section 1094.8 to challenge the Sheriff's denial, suspension or revocation of a license the Sheriff shall immediately issue the applicant a provisional license. The provisional license shall allow the respondent to continue operation of the adult entertainment establishment or to continue employment as an adult entertainment establishment employee and will expire upon the court's entry of a judgment on the action brought under section 1094.8.
(h) If a respondent does not request an administrative hearing or file an action for Administrative Mandamus within 21 days of the date of the Sheriff's notice to deny, suspend or revoke an adult entertainment establishment license or adult entertainment employee license, the Sheriff's determination shall be final.
(Added by Ord. No. 8278 (N.S.), effective 8-19-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07)