§ 6-148. Hearing; license denial, suspension, revocation; appeal.

(a)

When the director issues a written notice of intent to deny, suspend, or revoke a license, the director shall immediately send such notice, which shall include the specific grounds under this article for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the director for the respondent. The notice shall specify a date, not less than ten days nor more than 20 days after the date the notice is issued, on which the board of zoning appeals shall conduct a hearing on the director's intent to deny, suspend, or revoke the license.

(1)

At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his behalf, and cross-examine any of the director's witnesses. The director may also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The board of zoning appeals shall issue a written decision, including specific reasons for the decision pursuant to this article, to the respondent within five business days after the hearing.

(2)

If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the 30th day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the board of zoning appeals' decision finds that no grounds exist for denial, suspension, or revocation of the license, the board of zoning appeals shall, contemporaneously with the issuance of the decision, order the director to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the director shall contemporaneously therewith issue the license to the applicant.

(b)

If any court action challenging the board of zoning appeals' decision is initiated, the board of zoning appeals shall prepare and transmit to the court a transcript of the hearing within ten business days after receiving written notice of the filing of the court action. The board of zoning appeals shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.

(Ord. of 11-12-2015(01), § 5.4)