(a) On determining that grounds for denial of a license, denial of a license renewal, license revocation or license suspension exist, the responsible department shall furnish written notice of the proposed action to the applicant/license holder.
(b) The decision of the responsible department shall be appealable to a designated hearing officer by filing a written request for a hearing with the responsible department within 15 days following the day of mailing of the responsible department’s decision. All such appeals shall be filed with the responsible department and shall be public records. The responsible department shall issue a notice which shall set forth the time and place of a hearing before a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the proposed action is based, the pertinent San Bernardino County Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least ten days prior to the hearing date.
(c) At the hearing, the applicant/license holder shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The designated hearing officer shall not be bound by the formal rules of evidence. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder/appellant shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on license suspensions or revocations.
(d) An application for a license or license renewal may be denied or a license may be revoked or suspended, based on any of the following causes arising from the acts or omissions of the applicant/license holder:
(1) The applicant/license holder has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.
(2) The applicant/licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).
(3) Failure to comply with the requirements of this Chapter.
(e) After holding the hearing in accordance with the provisions of this Section, if the designated hearing officer finds and determines that there are grounds for the denial of the application or revocation or suspension of the license, the hearing officer shall deny the application or revoke or suspend the license. The hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant/license holder within four business days of the hearing. The designated hearing officer’s failure to render such a decision within this time frame shall constitute an approval of the application or a reinstatement of the license.
(f) In the event an application for a license or renewal is denied or a license is revoked pursuant to this Section, another adult business performer license shall not be granted to the applicant/licensee within 12 months after the date of such decision.
(g) The decision of the hearing officer shall be final and no further administrative appeal is available.
(h) The time for a court challenge to a decision of the hearing officer is governed by Code of Civil Procedure § 1094.8.
(i) Notice of the responsible department’s or hearing officer’s decision and the findings shall include citation to Code of Civil Procedure § 1094.8.
(j) Any applicant or license holder whose license has been denied, suspended, or revoked, pursuant to this section shall be afforded prompt judicial review of that decision as provided by Code of Civil Procedure § 1094.8.
(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)