§ 5.91. Appeal of denial, suspension or revocation.
Latest version.
All decisions of the city administrator, or his designee, or appointed hearing officer, to issue, renew, deny, suspend or revoke a permit issued pursuant to this article are final unless appealed in accordance herewith.
An applicant or permittee may appeal a decision by the city administrator, or his designee, or appointed hearing officer, to deny an application for, or to revoke or suspend, an adult or sexually oriented business permit or adult or sexually oriented business employee permit by filing a request for an appeal with the city clerk. Such an appeal shall be filed in writing within ten (10) days of service of the decision of the city administrator, or his designee, or hearing officer. A hearing by the city council on such appeal shall be scheduled for the first available regular meeting of the city council for which proper notice can be given, but in no event shall such hearing occur more than thirty (30) days after the appeal is filed. The city council shall make a decision on the appeal within five (5) working days of the meeting at which the hearing is held. The city council's decision shall contain findings of fact on the matter submitted to it for consideration. The written findings of fact shall fairly disclose the city council's findings on all material points in the appeal and at the hearing. The city council's written decision shall be mailed to the appellant within five (5) business days after the decision is finalized.
After any denial, or a suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law, and specifically as provided by California Code of Civil Procedure Section 1094.8. The city shall make all reasonable efforts to expedite judicial review.
If the city denies an initial or renewal application and the aggrieved applicant commences a legal action to determine the validity of the denial, then the city shall issue a temporary permit. This temporary permit shall remain in effect only until the court in which the action is pending renders a judicial decision on an application for temporary restraining order, a motion for preliminary injunction, or other form of judicial review, whichever is earliest, as to the propriety of the denial.
If the city revokes, or suspends an existing permit, and the aggrieved applicant or the permittee commences a legal action to determine the validity thereof, the city's revocation or suspension of the permit will be stayed pending a judicial decision on the propriety of the revocation or suspension, based upon an application for temporary restraining order, a motion for preliminary injunction or other form of judicial review, whichever is earliest.
Any temporary permit issued pursuant to this article shall not grant any vested rights on the holder of the temporary permit, nor shall it grant a right to the holder to operate or serve as an employee in an adult or sexually oriented business which is in violation of sections 5.82 or 5.92 of this article or in violation of any other zoning, building and safety, or business licensing provisions of this Code.
