(A) When the Finance Officer issues a written notice of intent to deny, suspend or revoke a license, the Finance Officer shall immediately send such notice, which shall include the specific grounds under this chapter for such action, to the applicant or license (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 Finance Officer 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 City Commissioners shall conduct a hearing on the Finance Officer’s intent to deny, suspend or revoke the license.
(1) 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 Finance Officer’s witnesses. The Finance Officer 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 City Commissioners shall issue a written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(2) If the decision is to deny, suspend or revoke the license, the decision shall not become effective until the thirtieth day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the City Commissioners’ decision finds that no grounds exist for denial, suspension or revocation of the license, the City Commissioners shall, contemporaneously with the issuance of the decision, order the Finance Officer 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 Finance Officer shall contemporaneously therewith issue the license to the applicant.
(B) (1) If any court action challenging the City Commissioner’s decision is initiated, the City 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. The City 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.
(2) The following shall apply to any sexually-oriented business that is in operation as of the effective date of this chapter: upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the city’s enforcement of the denial, suspension or revocation, the city 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 city’s enforcement.
(Ord. 226, passed 11-24-2005)