§ 9-140. Denial, suspension or revocation of license; hearing.

(a)

Grounds.

(1)

A license may be denied to persons or entities that have submitted an incomplete application or that have failed to satisfy any of the requirements of this article.

(2)

Any of the following shall be grounds for suspension or revocation of a license:

a.

The making of any statement on an application for a license issued hereunder which is material and is later found to be false;

b.

Violation of any of the regulations or prohibitions of this article;

c.

With respect to the applicant, the operator and the owner, conviction of or a plea of guilty or nolo contendere to any of the crimes which would make such person or adult entertainment establishment ineligible to hold a license as outlined above.

(b)

Denial; procedure. Within 30 days of the actual receipt of an application for an adult entertainment establishment license, the Mayor and City Council shall either approve or deny the application. In no event shall the decision whether to approve or deny the adult entertainment establishment license application be withheld for more than 30 days after actual receipt of the application. In the event that such an application is held without decision for a period of more than 30 days, however, the license application shall be deemed approved, and expressive conduct may begin immediately notwithstanding the fact that no license has been issued. The City Clerk shall issue an adult entertainment establishment license to an applicant who informs the City Clerk of the fact that an application has been submitted, but no decision has been made thereon for a period of more than 30 days following actual receipt of the application. Notwithstanding the fact that the license provided by this section shall not be a prerequisite to the commencement of business operations contemplated by the application, the City Clerk shall issue an adult entertainment establishment license under such circumstances within three business days of actual receipt of written notice by the applicant of such circumstances. In the event that the Mayor and City Council denies an application for an adult entertainment establishment license, notice of such denial shall be delivered to the applicant in person or by certified mail within five business days of such denial. Any person aggrieved by any decision of the City, its officials, employees or agents pursuant to this article, may seek review of such decision by filing an appropriate pleading in the superior court of Liberty County or any other court of competent jurisdiction including, but not limited to, a mandamus petition pursuant to O.C.G.A. §§ 9-6-20—9-6-28. Any person aggrieved by any decision of the City, its officials, employees, or agents pursuant to this article may also seek review of such decision by filing a petition for writ of certiorari or an appeal to the superior court.

(c)

Suspension or revocation; procedure. Whenever the City Clerk finds reasonable grounds exist to suspend or revoke a license issued hereunder, the Clerk shall schedule a hearing to consider such suspension or revocation and shall, at least 20 days prior to the hearing, notify the licensee of the time and date of the hearing and the proposed action and the grounds therefore. The licensee shall be entitled to present evidence and cross examine any witnesses at the hearing, with or without legal counsel. The Mayor and City Council shall make its decision within ten days of the hearing and shall notify the licensee in writing within five business days of the decision.

(Ord. No. 2007-08, § 12-51, 9-20-2007)