(a) If the City Manager issues a denial, suspension, or revocation of a permit or application for a permit under this chapter, the City Manager 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 (3) business days of such decision. The notification shall be directed as provided in Section 761.30. The notification shall include information regarding the right to file an appeal as described below.
(b) Within ten (10) days of service of such notice, the respondent may provide to the Clerk of City Council 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 a 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 City Hall at 118 North Main Street, Union, during regular business hours. If no response is received by the Clerk of Council within said ten (10) days, the action shall become final. If a written notice is received by the Clerk of Council within said ten (10) days, the Clerk 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.
(c) Within ten (10) days of the receipt of such written response, the City Council shall conduct a hearing at which respondent shall have the opportunity to present evidence and witnesses on his\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 respondent’s position, arguments and contentions; (d) offer evidence to refute evidence and testimony offered in opposition to his/her position, arguments and contentions; and (e) proffer any such evidence into the record, if the admission is denied by the City Council. Testimony shall be given under oath. The City Council shall have the power to subpoena witnesses or evidence and shall make such power available to the respondent. The Clerk of Council shall have a complete record of the adjudication kept, including any evidence admitted or proffered. If after the hearing the City Council finds that grounds as specified in this Title 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 City Council finds that no grounds exist for denial, suspension or revocation of a permit then the City Manager shall overturn the denial, suspension or revocation of the permit or application. The City Manager shall notify the respondent in writing by delivery, overnight mall, telefax or by certified mail of such action. The City Manager shall send his decision within five (5) business days after the hearing. The notice of final decision shall contain the case number or other identifier, the applicant and a brief description of the matter before the City Manager; a designation as a final decision, a clear pronouncement of the City Manager's decision including conclusions of fact supporting the final order; the signature of the Clerk; and the date the decision was mailed, faxed or delivered.
(d) The City Council shall conduct any hearing pursuant to this section relating to application for a sexually oriented business permit or sexually oriented business employee or independent contractor permit, and approve or deny the appeal within thirty (30) days after notice is received by the City Manager from the respondent of an appeal. The respondent may, however, request a rescheduling or continuance of the bearing date set by the City Manager, in which case the bearing date shall be extended for a reasonable period, and the thirty (30) day time period for the City Manager to decide the appeal shall be extended by the number of days the hearing is postponed due to the respondent’s request.
(1) A suspension or revocation shall not be final and in effect when an appeal is filed until the later of the City Council’s decision on the appeal final and expiration of any time period for initial appeal to court from a denial of the appeal by the City Council, 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 periods.
(2) If the City Council has received a written appeal objecting to a denial of a permit/application, then the City Manager 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 City Manager’s decision on the appeal being final and expiration of any time period for initial appeal to court from a denial by the City Manager 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.
(3) 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 Revised Code Section 2506.
(Ord. 1225. Passed 6-11-01.)