(A) When the village issues a written notice of intent to deny, suspend or revoke a license, the village shall immediately send such notice, which shall include the specific grounds under this chapter 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 village for the respondent. The notice shall also set forth the following: The respondent shall have ten days after the delivery of the written notice to submit, at the office of the village, a written request for a hearing. If the respondent does not request a hearing within the ten days, the village’s written notice shall become a final denial, suspension or revocation, as the case may be, on the thirtieth day after it is issued, and shall be subject to the provisions of division (B) below.
(1) If the respondent does make a written request for a hearing within said ten days, then the village shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time and place of the hearing. The hearing shall be conducted not less than ten days nor more than 20 days after the date that the hearing notice is issued. The village shall provide for the hearing to be transcribed.
(2) At the hearing, the respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the village’s witnesses. The village 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 Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(3) If the decision is to deny, suspend or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth day after it is rendered. If the Hearing Officer’s decision finds that no grounds exist for denial, suspension or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the village 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 village shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging a licensing decision is initiated, the village 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 decision. The following shall apply to any sexually oriented business that is, in all respects, lawfully operating as a sexually oriented business, or any sexually oriented business employee that is, in all respects, lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Village Clerk: Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the village’s enforcement of the denial, suspension or revocation, the village shall immediately issue the applicant or licensee (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 village’s enforcement.
(C) A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 185, passed 11-11-2009)