§ 1710. License denials for existing businesses; suspension and revocation procedure: hearing officer.

A.

A hearing officer, appointed by the Mayor and confirmed by the Council, shall hear all matters pertaining to the suspension and revocation of licenses, denials of licenses for sexually oriented businesses lawfully existing on the effective date of this ordinance and denials of applications to renew licenses.

B.

Within ten (10) days of the receipt of a written recommendation for the denial of a license specified in Subsection 1710.A herein, or recommendation for the suspension or revocation of a license, the Director of Finance shall serve written notice of the same upon the applicant or licensee. The notice shall be served upon the applicant or licensee or any employee exercising supervisory control over, or who manages or operates the premises, either in person or by certified mail, return receipt requested. The notice shall be served at least ten (10) days prior to the date set for hearing and shall include:

1.

A statement of the date, time, place and nature of the hearing;

2.

A reference to the particular sections of this chapter alleged to be violated;

3.

A short, plain statement of the complaint and a statement of the issues;

4.

A statement that the hearing will be an inquiry into the recommendation at which time the Chief of Police and the applicant or licensee will be afforded an opportunity to present testimony of witnesses and documentary evidence;

5.

A statement that the applicant or licensee has a right to be represented by legal counsel; and

6.

A statement that, based upon the evidence presented, the hearing officer shall decide either to reverse the recommendation or to suspend, revoke or deny the license.

C.

If any ruling or decision of the hearing officer is appealed to the Council, enforcement of such ruling or decision shall be stayed until the Council has rendered its decision.

(Ord. No. 17675)