2012-119 Ordinance - Laserfiche WebLink

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the applicant may pursue an appeal to the Cuyahoga County Court of Common Pleas pursuant to Revised Code Chapter 2506. The failure of the Council to render a decision on the appeal within the time prescribed in section (A) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to the Cuyahoga County Court of Common Pleas pursuant to Revised Code Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D 4(2004), 541 U.S. 774. (C) Any licensee (including employees) lawfully operating or employed at a sexually oriented business prior to the denial of a license renewal application, or the revocation of a license, shall retain said license and all privileges attendant thereto, subj ect to all other terms of this Ordinance, so that the status quo of the licensee is maintained during the pendency of an appeal to the Council of a decision rendered under this Ordinance and during the entire time required for the court to rule on the appeal pursuant to sub-section (B) above. (D) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the Safety Director pursuant to this Ordinance. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license. (E) If, during the pendency of any appeal pursued under sub-section (B) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate the appeal pursued under sub-section (B) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee. SECTION2: That, if any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. SECTION 3: That all Ordinances, or parts of Ordinances in conflict with any of the provisions of this Ordinance shall, to the extent of any conflict, be and hereby are repealed. SECTION 4: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare and for the further reason that it is immediately necessary to amend the regulations for adult entertainment businesses in order to better and more immediately prevent crime, protect the city's retail trade, maintain property values, and generally preserve and protect the quality of the city's residential neighborhoods, and