(A) (1) When the Administrator issues a written notice of intent to deny, suspend, or revoke a license, the Administrator shall immediately send such notice, which shall include the specific grounds under this subchapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Administrator for the respondent. The notice shall specify a date, not less than ten days nor more than 20 days after the date the notice is issued, on which the Board of Commissioners shall conduct a hearing on the Administrator’s intent to deny, suspend, or revoke the license.
(2) At the hearing, the respondent shall have the opportunity to present all of the respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Administrator’s witnesses. The Administrator shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Board of Commissioners shall issue a written decision, including specific reasons for the decision pursuant to this subchapter, to the respondent within five days after the hearing. Ten days after the Board issues its written decision, said decision shall be deemed final, and any temporary license shall expire.
(3) If the decision is to deny, suspend, or revoke the license, the decision shall include a statement advising the respondent of the right to appeal or challenge such decision in a court of competent jurisdiction. If the Board of Commissioners’ decision finds that no grounds exist for denial, suspension, or revocation of the license, the Board of Commissioners shall, contemporaneously with the issuance of the decision, order the Administrator to immediately withdraw the intent to deny, suspend, or revoke the license, and to notify the respondent, in writing, by certified mail of such action. If the respondent is not yet licensed, the Administrator shall contemporaneously therewith issue the license to the applicant.
(B) (1) If any court action challenging the Board of Commissioners’ decision is initiated, the Board of Commissioners shall prepare and transmit to the court a transcript of the hearing within ten days after receiving written notice of the filing of the court action.
(2) The Board of Commissioners shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any sexually-oriented business that is lawfully in operation, in all respects, as of the effective date of this subchapter. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the county’s enforcement of the denial, suspension, or revocation, the county shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually-oriented business, or to continue employment as a sexually-oriented business employee, and will expire upon the court’s entry of a judgment on the respondent’s appeal or other action to restrain or otherwise enjoin the county’s enforcement.
(Ord. 2005-11, passed 12-28-2005)