§ 10-221. Review of decisions of building department.

(a)

If facts exist that warrant the denial, suspension, or revocation of an adult use permit or an adult use license under this chapter, the building department shall notify the applicant, permittee or licensee ("respondent") in writing of the intent to deny, suspend, or revoke the permit or license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be mailed or delivered to the most current business address or other mailing address for the respondent on file with the building department. Within ten working days of the receipt of such notice, the respondent may submit a request to the city council for a hearing before the city council to refute the grounds alleged by the building department for denial, suspension, or revocation of the permit or license.

(b)

Within five working days of the receipt of the respondent's request for a hearing, the city council shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding. Within 20 working days of the receipt of respondent's written response, the city council 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 building department's witnesses. The hearing shall be a quasi-judicial proceeding. The building department shall bear the burden of proving the grounds for denying, suspending, or revoking the permit or license. The hearing shall take no longer than two days, unless extended by the respondent to meet the requirements of due process and proper administration of justice. The city council shall issue a written decision within five days after the hearing. If the decision is to grant the license, the city shall immediately issue a permit or license, or both, as applicable, to the respondent.

(c)

An applicant or licensee (aggrieved party) whose application for a permit or license has been denied or whose license has been suspended or revoked shall have the right to challenge or appeal such action or seek a declaration of rights concerning such action or concerning this chapter, upon factual grounds or constitutional grounds or both, to a court of law within 30 days after issuance of the city council's decision. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin (whether by certiorari, direct appeal or otherwise) or seek a decal

ration of rights concerning this chapter or the city's denial, suspension, or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to begin or continue operation of the adult use establishment and will expire upon the court's entry of a judgment on the merits of the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin or seek a declaration of rights concerning this chapter or the city's denial, suspension, or revocation under this chapter. A judgment dismissing a case either for lack of jurisdiction or based on the court's decision to not issue a writ of certiorari to the city council shall not be considered a judgment on the merits. If the case dismissed or otherwise terminated for want of prosecution by the aggrieved party, the provisional license shall expire upon the termination of the case.

(d)

This section shall be liberally construed to ensure compliance with the procedural requirements of FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990) and Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251 (11th Cir. 1999) and to permit the operation of the adult use establishment during the course of any court action challenging an adverse licensing decision under this chapter until the court of law rules upon the aggrieved party's factual and or constitutional claims, provided that, this section shall not prevent interruption of the business operations pursuant to a court order finding that the operation of the business constitutes a public nuisance subject to abatement.

(Code 1985, § 14-45; Ord. No. 2513, § 6, 3-21-95; Ord. No. 5145, § 15, 3-18-03)