§ 18A-32. Hearing; license denial, suspension, revocation; appeal.

(a)

If the enforcement officer determines that facts exist for denial, suspension, or revocation of a license under this article, the enforcement officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, or revoke the license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the enforcement officer. Within five (5) working days of receipt of such notice, the respondent may provide to the city manager, in writing, a response that shall include a statement of the reasons why the license should not be denied, suspended, or revoked. Within three (3) days of the receipt of respondent's written response, the city manager shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding.

Within ten (10) working days of the receipt of the respondent's written response, the city manager shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the city manager in the time stated or, if after the hearing, the city manager finds that grounds as specified in this article exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five (5) days after the city manager send, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a District Court in Webb County, Texas.

If the city manager finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) days after the hearing, the city manager shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail or such action and shall contemporaneously issue the license.

(b)

When a decision to deny, suspend, or revoke a license becomes final, the applicant or licensee [aggrieved party] whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a District Court in Webb County, Texas. 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 aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the city's enforcement.

(Ord. No. 2002-O-212, § 1, 9-3-02)