Section 4.75.110 Hearing; denial, revocation, and suspension; appeal.

1. When the city manager issues a written notice of intent to deny, suspend, or revoke a license, the city manager shall immediately send such notice, which shall include the specific grounds under this ordinance 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 city manager for the respondent. The notice shall specify a date, not less than ten (10) days nor more than twenty (20) days after the date the notice is issued, on which the city manager or his designee shall conduct a hearing on the city manager’ s intent to deny, suspend, or revoke the license.

At the hearing, the 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 manager’ s witnesses. The city manager 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 (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The city manager or his designee shall issue a written decision, including specific reasons for the decision pursuant to this ordinance, to the respondent within five (5) days after the hearing. The decision of the city manager is final.

If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the thirtieth (30^th) 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 manager’ s decision finds that no grounds exist for denial, suspension, or revocation of the license, the city manager shall, contemporaneously with the issuance of the decision, 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 city manager shall contemporaneously therewith issue the license to the applicant.

2. If any court action challenging the city manager’ s decision is initiated, the city manager shall prepare and transmit to the court a transcript of the hearing within ten (10) days after receiving written notice of the filing of the court action. The city manager 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. The following shall apply to any adult oriented business that is in operation as of the effective date of this ordinance: 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 adult oriented business 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. 2004-1061)