(a) Any denial, suspension, or revocation of a license under this chapter may be appealed to the Planning Commission by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Planning Commission must hold a hearing on the appeal within 21 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the Planning Commission's decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
(b) In the event that the Planning Commission affirms the denial, suspension, or revocation of a license, the applicant may pursue an appeal to the Richland County Court of Common Pleas pursuant to R.C. Chapter 2506. The failure of the City Planning Commission to render a decision on the application within the time prescribed in § 838.12(a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to the Richland County Court of Common Pleas pursuant to R.C. Chapter 2506.
(c) Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Planning Commission of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to § 838.12(b).
(d) Any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Planning Commission of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to § 838.12(b) above.
(e) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending 30 days before the expiration date of any license, the licensee may file a renewal license application with the Director of Public Service or a designee pursuant to this chapter. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the city has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
(f) If, during the pendency of any appeal pursued under § 838.12(b), there are additional denials of a renewal license application or suspensions or revocations of that license, the city has the right to consolidate the appeal pursued under § 838.12(b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 26-2010, passed 10-18-2010)