§ 7-94. Suspension and revocation proceedings.

(1)

Challenge to suspension or revocation. If the mayor or designee notifies a licensee in writing of a suspension or revocation of a license, the suspension or revocation shall become effective within ten days of service upon the licensee, unless the licensee files with the mayor or designee a written response stating why the suspension or revocation is in error or inappropriate along with a written request for an administrative hearing to determine whether the suspension or revocation will become effective. A suspension or revocation already in effect but not previously challenged in a suspension or revocation hearing, may be challenged in the same manner but the suspension or revocation is not abated during the proceeding.

(2)

Hearing on suspension or revocation. When a licensee files a written response and request for an administrative hearing, a public hearing to determine if the pending suspension or revocation will become effective and final shall be held in front of a hearing officer appointed by the city manager or designee. The city manager or designee shall notify the appropriate city staff, who shall schedule and provide the notice of hearing.

(a)

The hearing should be held within 20 days of a written request for a hearing, or as soon thereafter as can reasonably be scheduled.

(b)

The participants before the hearing officer shall be the licensee, any witnesses of the licensee, city staff, any interested members of the public and any witnesses of the interested members of the public. Any interested member of the public who participates at the hearing shall provide a mailing address.

(c)

Testimony and evidence may be submitted by any witness but shall be limited to matters directly relating to the grounds for suspension or revocation. Irrelevant, immaterial or unduly repetitious testimony or evidence maybe excluded. All testimony shall be under oath.

(d)

The hearing officer shall render a decision within ten days.

(3)

Judicial review. Any party, including the city, aggrieved by a decision of the hearing officer may challenge the decision in the Circuit Court for the Fifth Judicial Circuit. Such appeal shall be commenced by filing a writ of certiorari with the clerk of the circuit court not later than 30 days after the final decision of the hearing officer. The record before the court shall consist of the complete record of the proceedings before the hearing officer. Judicial review of a suspension or revocation shall only be available after all administrative remedies have been exhausted.

(4)   

Failure to appear at hearing. If the licensee who requested an administrative hearing does not appear at the hearing after proper notice of the hearing date and time is served upon the licensee, then the mayor or designee shall issue to the licensee a second notice of final suspension or revocation served either by certified mail, return receipt requested to the licensee's record address or by hand-delivery to the licensee. The suspension or revocation shall take effect the day after the licensee receives notice of such final suspension or revocation.

(5)

Effect of final revocation. If a license is revoked, the licensee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment license for a period of two years, and no adult entertainment license shall be issued again to any other person for the location upon which the adult entertainment establishment subject to the suspension or revocation proceeding was situated.

(Ord. No. 2002-22, § 3.36, 7-23-2002; Ord. No. 2006-21, § 10, 7-25-2006)