(a) Hearing. If the Enforcement Officer determines that facts exist for denial, suspension, or revocation of a license under this Chapter, the City Clerk shall notify the applicant or licensee (the “Respondent”) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail, return receipt requested. The notification shall be directed to the address designated by the applicant or licensee in the application on file with the City. Within five (5) working days of receipt of such notice, the Respondent must provide to the Enforcement Officer in writing a response that shall include a statement of reasons why the license should not be denied, suspended, or revoked. Within ten (10) working days of the receipt of such written response, the City Manager shall conduct a hearing at which Respondent shall have the opportunity to appear and be heard in person, or by Respondent’s attorney, in opposition to the notice of intent to deny, suspend or revoke, and do any and all of the following: (i) present Respondent’s position, arguments and contentions; (ii) offer and examine witnesses and present evidence; (iii) cross-examine witnesses, including but not limited to the Enforcement Officer and/or his designees, purporting to refute Respondent’s position, arguments and contentions; (iv) offer evidence to refute evidence and testimony offered in opposition to Respondent’s position, arguments and contentions; and (v) proffer any such evidence into the record, if the admission is denied by the City Manager. All testimony shall be given under oath. The City Manager shall have the power to subpoena witnesses or evidence and shall make such power available to the Respondent. The City Manager shall have a complete record of the adjudication kept, including any evidence admitted or proffered. The City Manager shall notify the Respondent in writing, by personal delivery, or by certified mail, return receipt requested, of the hearing date within three (3) days of the receipt of Respondent’s written response. If a response is not received from the Respondent by the City Manager in the time stated or, if after the hearing the City Manager finds that grounds as specified in this Chapter exist for denial, suspension, or revocation of the license, then such action shall become final and the City Clerk shall send notice of such to the Respondent, by written decision describing the basis for the denial, suspension or revocation, within five (5) working days of the hearing. Such notice shall be sent by personal delivery, or by certified mail, return receipt requested. Such notice shall include a statement advising the Respondent of the right to appeal such decision to a court of competent jurisdiction. If the City Manager finds that no grounds exist for denial, suspension, or revocation of a license then the Enforcement Officer shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the Respondent in writing by personal delivery, or by certified mail, return receipt requested, of such action and issue the applicable license.
(b) Appeal; Issue of Temporary License. When a decision to deny, suspend or revoke a license becomes final, the Respondent whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction pursuant to Ohio Revised Code Chapter 2506. Upon the filing of an appeal of a denial of an application for a sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license by the Respondent, the Enforcement Officer shall, within two (2) business days of notification thereof, issue a temporary sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license, to the applicant. Such temporary license shall be effective pending the entry of a final judgment on the appeal by a court of competent jurisdiction.
(c) Application of Ordinance To Temporary License Holder. Holders of a temporary sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license, shall be subject to the provisions of this Chapter.
(d) Stay of Suspension or Revocation. A suspension or revocation shall be stayed until the earlier of the following: (i) the Respondent fails to respond in writing to the notice of intent to suspend or revoke the license issued by the Enforcement Officer within the time period proscribed in Subsection (a), above, or (ii) the entry of a final judgment by a court of competent jurisdiction on appeal of a suspension or revocation.
(Ord. 00-82. Passed 12-19-00.)