(a) On determining that grounds exist to deny an original or renewal application for a non-performer license, or suspend or revoke an existing license, the responsible department shall furnish written notice of the proposed action to the applicant.
(b) The decision of the responsible department to deny an application for a non-performer license or to suspend or revoke a non-performer license shall be appealable to an appointed 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 an appointed hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing 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 applicant/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 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 applicant. Extensions of time or continuances sought by an applicant/license holder shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on denial of a non-performer license.
(d) The application of a non-performer to work in an adult business may be denied, or such license may be suspended or revoked 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 work as a non-performer in an adult business during regular business hours.
(2) The applicant/license holder has pled guilty, pled 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 and subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).
(3) Failure to comply with the operating standards of Chapter 84.02 or the requirements of this Chapter.
(e) After holding the hearing in accordance with the provisions of this Section, if the hearing officer finds and determines that there are grounds to deny an application, or revoke or suspend a non-performer license, the hearing officer shall take such action. The hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant/license holder and any adult business that the applicant/license holder has identified on his or her application within four working days of the hearing. The hearing officer’s failure to render such a decision within this time frame shall constitute approval of the application or reinstatement of the license.
(f) If an application is denied pursuant to this section, the applicant may reapply for managerial work with an adult business 12 months after the date of such denial.
(g) The decision of the hearing officer shall be final and no further administrative appeal is available.
(Ord. 4239, passed - -2014; Am. Ord. 4378, passed - -2020)