(a) If the Enforcement Officer determines that facts exists for denial, suspension, or revocation of a license under this chapter, the Enforcement Officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the Enforcement Officer. Within five working days of receipt of such notice, the respondent may provide to the Director of Public Service and Safety, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three days of the receipt of respondent’s written response, the Director of Public Service and Safety shall notify respondent in writing of the hearing date on respondent’s denial, suspension, or revocation proceeding.
(1) Within ten working days of the receipt of respondents written response, the Director of Public Service and Safety shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Director of Public Service and Safety in the time stated or, if after the hearing, the Director of Public Service and Safety finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the Director of Public Service and Safety sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
(2) If the Director of Public Service and Safety finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the Director of Public Service and Safety shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.
(b) Prompt Judicial Review. The City is aware of the Constitutional requirement to provide prompt judicial review to persons affected by this Chapter. Since the City cannot legally mandate the timing of judicial review in these matters, the City has created a right to a temporary permit or the continuation of a permit to maintain the status quo for these persons while they seek quasi-judicial and judicial review to prevent the suppression of speech or expression protected by the First Amendment to the Constitution.
(c) (1) If the Director of Public Service and Safety issues a denial, suspension, or revocation of a permit or application for a permit under this Chapter, the Director of Public Service and Safety shall notify the applicant or permittee (respondent) in writing of the denial, suspension or revocation of the permit or application, including the grounds therefore, within three business days of such decision. The notification shall be directed as provided in subsection (a) hereof. The notification shall include information regarding the right to file an appeal as described below.
A. Within ten (10) days of service of such notice, the respondent may provide to the Board of Zoning Appeals in writing a response which shall include an address at which notice may be sent by overnight mail or a telefax phone number for notice of hearing date, and a statement of reasons why the permit or application should not be denied, suspended or revoked. A response shall be deemed to have been received when delivered to the Troy City Hall at 100 South Market Street, Troy, Ohio during regular business hours. If no response is received by the Board of Zoning Appeals within said ten (10) days, the action shall become final. If a written notice is received by the Board of Zoning Appeals within said ten (10) days, the Board of Zoning Appeals shall notify the respondent by overnight mail at the address provided or by telefax to the phone number provided of the hearing date within three (3) business days of the receipt of such written response.
B. Within ten (10) days of the receipt of such written response, the Board of Zoning Appeals shall conduct a hearing at which respondent shall have the opportunity to present evidence and witnesses on his or her behalf. The respondent may appear and be heard in person, or by his/her attorney, in opposition to the decision and do any of the following: (a) present his/her positions, arguments and contentions; (b) offer and examine witnesses and present evidence in support; (c) cross-examine witnesses purporting to refute evidence and testimony offered in opposition to his/her position, arguments and contentions; and (e) proffer any such evidence into record, if the admission is denied by the Board of Zoning Appeals. Testimony shall be given under oath. The Board of Zoning Appeals shall have the power available to the respondent. The Board of Zoning Appeals shall have a complete record of the adjudicated kept, including any evidence admitted or proffered. If after the hearing the Board of Zoning Appeals finds, by simple majority vote, that grounds as specified in this Chapter exist for denial, suspension or revocation, then such action shall become final and notice of such final action shall be sent to the applicant or permittee, by written decision. If the Board of Zoning Appeals finds, by a simple majority vote of the members present at the hearing, that no grounds exist for denial, suspension or revocation of a permit then the Board of Zoning Appeals shall overturn the denial, suspension or revocation of the permit or application. The Board of Zoning Appeals shall notify the respondent in writing by delivery, overnight mail, telefax or by certified mail of such action.
The Board of Zoning Appeals shall send their decision within five business days after the hearing. The notice of the final decision shall contain: (1) The case number or other identifier, the applicant and a brief description of the matter before the Board of Zoning Appeals; (2) A designation as a final decision; (3) A clear pronouncement of the Board of Zoning Appeals’ decision including conclusions of the fact supporting the final order; (4) The signatures of the members of the Board of Zoning Appeals; and (5) The date the decision was mailed, faxed, or delivered.
C. The Board of Zoning Appeals shall conduct any hearing pursuant to this section relating to an application for a sexually oriented business permit or sexually oriented business employee or independent contractor permit, and approve or deny the appeal within thirty days after notice is received by the Board of Zoning Appeals from the respondent of an appeal. The respondent may, however, request a rescheduling or continuance of the hearing date set by the Board of Zoning Appeals, in which case the hearing date shall be extended for a reasonable period, and the thirty day time period for the Board of Zoning Appeals to decide the appeal shall be extended by the number of days the hearing is postponed due to the respondent’s request.
(2) A suspension or revocation shall not be final and in effect if an appeal is filed until the later of the Board of Zoning Appeals’ decision on the appeal becoming final and expiration of any time period for initial appeal to court from a denial of the appeal by the Board of Zoning Appeals, or if an appeal is taken to court, the entering of a judgment on the appeal by a court of competent jurisdiction. The existing permit shall remain in effect during such period.
(3) If the Board of Zoning Appeals has received a written appeal objecting to a denial of a permit/application, then the Director of Public Service and Safety shall immediately grant or continue a temporary permit to operate or work at the sexually oriented business. The temporary permit shall continue in effect until the later of Board of Zoning Appeals’ decision on the final appeal being final and expiration of any time period for initial appeal to court from denial by the Board of Zoning Appeals of the appeal, or if an appeal is taken to court, the entering of a judgment on the appeal by a court of competent jurisdiction. Operations under such temporary permit shall be subject to all provisions of this chapter.
(4) When a decision to deny, suspend or revoke a permit has been appealed and that decision becomes final, the applicant or permittee whose application for a permit has been denied or whose permit has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction pursuant to Ohio R.C. 2506.
(Ord. 3-06. Passed 2-6-06.)