5.12.730 Hearing, revocation, license denial, suspension—Appeal.
A. If the business license official determines that facts exist for denial, suspension, or revocation of a license under this chapter, the city shall notify the applicant or licensee (respondent) in writing of the city’s intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail.
1. The notification shall be directed to the most current business address or other mailing address on file with the business license official for the respondent. Within ten working days of receipt of such notice, the respondent may provide to the business license official a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended, or revoked.
2. Within five days of the receipt of respondent’s written response, the business license official shall notify respondent in writing of the hearing date on respondent’s denial, suspension, or revocation proceeding. Within ten working days of the receipt of respondent’s written response, the hearing officer shall conduct a hearing at which respondent shall have the opportunity to present all of respondent’s arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city’s witnesses. The hearing shall take no longer than two days, unless extended to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written opinion within five days after the hearing. If a court action challenging the city’s decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten days after the issuance of the hearing officer’s written opinion.
3. If a written response from respondent is not received by the business license official within the time stated in subsection (A)(1) of this section, or if after a hearing, the hearing officer concludes that grounds as specified in this chapter exist for denial, suspension, or revocation of the license, then such denial, suspension, or revocation shall become final five days after the hearing officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the hearing officer shall immediately withdraw the intent to deny, suspend, or revoke the license and shall notify the respondent in writing by certified mail of such action. The hearing officer shall contemporaneously therewith issue the license to the applicant.
B. An applicant or licensee (aggrieved party) 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. 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 aggrieved party a provisional license. The provisional license shall allow the aggrieved party 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 aggrieved party’s appeal or other action to restrain or otherwise enjoin the city’s enforcement.
1. Application of Chapter During Temporary License or Provisional License Periods. Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses, provisional licenses, or de facto temporary licenses shall be subject to the applicable provisions of this chapter. (Ord. 10/6/2009O-18 § 2 (part))