§ 21.2-32. Appeal from denial, revocation or suspension of license.

(a)

If the tax and license manager determines that grounds exist for revocation or suspension of an adult business license, he or she shall give written notice of the city's intent to revoke or suspend such license to the licensee, which notice shall contain the reasons for the revocation or suspension and, if applicable, the period of the suspension. Such notice shall either be personally served on the licensee or mailed to the licensee's last known address by certified mail. The notice shall be deemed effective upon personal service of such notice on the licensee or upon mailing of such notice.

(b)

No later than twenty (20) days after the service of a notice of denial or a notice of intent to revoke or suspend an adult business license, the applicant or licensee may provide to the tax and license manager a written response to such notice, which shall include a statement of reasons why the license should not be denied, revoked or suspended and which may include a request for an administrative hearing on the denial, revocation or suspension. If an applicant does not file a written response to a notice of denial within such twenty (20)-day period, the applicant shall be deemed to have waived any appeal rights he or she would otherwise have under subsections (c) through (i) of this section. If a licensee does not file a written response to a notice of intent to revoke or suspend within such twenty (20)-day period, the tax and license manager shall revoke or suspend the license in accordance with such notice and shall serve a final notice of revocation or suspension on the licensee. Such final notice shall be personally served on the licensee or mailed to the licensee's last known address by certified mail. A revocation or suspension shall be deemed to be effective upon personal service of the final notice on the licensee or upon mailing of such notice.

(c)

If the applicant or licensee files a timely written response to a notice of denial or a notice of intent to revoke or suspend an adult business license, the tax and license manager shall, within fifteen (15) days after receiving the response:

(1)

Withdraw the notice of denial or notice of intent to revoke or suspend by sending the applicant or licensee written notice of such withdrawal, if the tax and license manager determines from the response that a notice of withdrawal is appropriate; or

(2)

Schedule an administrative hearing before a hearing officer on the notice of denial or notice of intent to revoke or suspend, if the applicant or licensee has requested such hearing; or

(3)

Schedule an administrative hearing before a hearing officer on the notice of denial or notice of intent to revoke or suspend, if the tax and license manager desires such hearing based on a written response which does not include a request for hearing; or

(4)

Forward a copy of the notice of denial or notice of intent to revoke or suspend, and the applicant's or licensee's written response thereto, to a hearing officer for a ruling on the written record, if neither the applicant or licensee nor the city requests an administrative hearing.

(d)

If a licensee files a timely written response to a notice of intent to revoke or suspend, the revocation or suspension shall not take effect until after the hearing officer issues a written ruling on such response and, if the hearing officer upholds the revocation or suspension, the city serves a final notice of revocation or suspension on the licensee. Such final notice shall be personally served on the licensee or mailed to the licensee's last known address by certified mail. The revocation or suspension shall be deemed to be effective upon personal service of the final notice on the licensee or upon the mailing of such notice.

(e)

If the tax and license manager fails to act in a timely manner in accordance with subsection (c) of this section, the notice of denial or notice of intent to revoke or suspend shall be deemed to be withdrawn without prejudice by the city.

(f)

Any hearing held pursuant to subsections (c)(2) or (c)(3) of this section shall be scheduled no later than thirty (30) days after the filing of the applicant's or licensee's written response. The city manager shall appoint a hearing officer to conduct a hearing in accordance with this section. The hearing officer shall not be a member of the city's tax and license division or police department.

(g)

Any hearing held pursuant to this section shall be conducted in an informal manner. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of all issues relating to the applicant's or licensee's qualifications for obtaining and holding an adult business license. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing. All parties to the administrative proceeding shall have the right to be represented by counsel, to present witnesses and to cross-examine witnesses. The burden of proof at the hearing shall be:

(1)

On the applicant to establish, by a preponderance of the evidence, that he or she meets all of the requirements to obtain a new adult business license; and

(2)

On the city to establish, by a preponderance of the evidence, that grounds exist for revoking or suspending an adult business license.

(h)

The hearing officer shall render a written ruling no later than thirty (30) days after the completion of the hearing is concluded based on the evidence presented by the city and by the applicant or licensee. If neither the applicant or licensee nor the city has requested a hearing on the applicant's or licensee's written response to a notice of denial or notice of intent to revoke or suspend, the hearing officer shall render a written ruling on such response no later than thirty (30) days after such notice and response are forwarded to the hearing officer. If the hearing officer fails to render a written ruling within the thirty (30)-day period specified in this subsection, a decision in favor of the applicant or licensee shall be deemed to have been rendered.

(i)

When the hearing officer's decision to deny, revoke or suspend an adult business license becomes final, the applicant or licensee shall have the right to seek judicial review of the decision by way of special action or other available procedure in the superior court. The city shall consent to an expedited hearing after the filing of the action and service of the appropriate documents on the city.

(Ord. No. 2076, § 1, 5-11-99)