(a) (1) If the City Manager determines that probable grounds exist for denial, suspension or revocation of a license under this chapter, the Manager shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefore, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the City Manager.
(2) Within ten working days of receipt of such notice, the respondent may provide to the City Manager or his or her designee in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended or revoked. For purposes of this section, any designee of the City Manager shall not be the City Manager or an employee in the office of the City Manager. The City Manager or his or her designee shall notify the respondent in writing of the hearing date within three days of the receipt of such written response. Within ten working days of the receipt of such written response, the City Manager or his or her designee shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel, to present evidence and witnesses on his or her behalf and to cross-examine adverse witnesses.
(3) The City Manager or his or her designee shall give due consideration to the issues raised and shall exercise independent discretion in reaching a decision on such issues. The hearing shall last no more than two days, unless extended by request of the respondent or necessary for the administration of justice and due process. If a response is not received by the City Manager or his or her designee in the time stated or, if after the hearing the City Manager or his or her designee finds that grounds exist for denial, suspension or revocation, then such action shall become final and notice of such final action sent to the applicant or licensee in writing by the City Manager or his or her designee within five working days after the conclusion of the hearing. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to any court of competent jurisdiction to decide the factual or legal issues therein. If the City Manager or his or her designee finds that no grounds exist for denial, suspension or revocation of a license then the City Manager or his or her designee shall withdraw the intent to deny, suspend or revoke the license and shall so notify the respondent in writing by delivery, or by certified mail of such action.
(b) (1) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee 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 R.C. Chapter 2506. Any suspension or revocation of a license for a sexually oriented business does not take effect until a final decision is rendered in an appeal taken pursuant to this section.
(2) Immediately upon the filing of an appeal pursuant to this section by an applicant for a sexually oriented business license, the applicant shall be issued a temporary license to operate the sexually oriented business pending a final decision on the appeal. Such temporary license shall be subject to all provisions of this chapter and shall not expire until a court of competent jurisdiction has entered a judgment on the merits of the applicant or licensee’s appeal.
(Ord. 05-20, passed 5-12-2005)