8644-95 Amending Chapter 4 Licensing Section 4-18.5 Licensing of Adult Businesses

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• (5) Conducting the activity in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, welfare of the public . (b) Unless provision is made under this Code for review before a specified body or board, an applicant for or holder of any license who has been aggrieved as a result of the refusal to issue or renew a license or the suspension or revocation of any license issued pursuant to this Code, shall have the right to request a hearing to review such refusal to issue or renew, suspension or revocation before the Mayor or his designee. Noticc of hearing for the refusal to issue a license or thc suspension or revocation of a license shall be in writing given by thc Mayor or dcsigncc setting forth specifically thc cause or causes for thc hearing. Service of such notice shall be made by either personal service, which shall be certified, or by certified mail, return receipt requested, to the applicant or licensee at the last known address, at lest five (5) days prior to the date set for the hearing. The Controller shall issue written notice to the applicant/licensee at the address supplied on the application, setting forth the reasons why the license was denied, suspended or revoked, and informing the applicant/licensee of its right to request a hearing concerning the denial, suspension or revocation. Such a request must be mailed or personally delivered by the applicant/licensee within ten (10) days of the date the notice was mailed by the Controller. Upon receipt of a request for hearing, the Mayor or his designee shall schedule a hearing, to be held within seven (7) business days of the Controller' s receipt of the request . Except as otherwise provided in this Chapter, upon the receipt of notice of the refusal to issue or renew a license, the applicant/licensee may not operate and must cease the conduct of the business in question. The timely filing of a request for a hearing concerning a notice of suspension or revocation shall stay the suspension or revocation until the Mayor or his designee makes a final decision, unless the Controller determines that continued operation of the business constitutes an imminent and serious threat to the public health or safety, in which case the Controller shall take or cause to be taken such action as is necessary to enforce immediately the suspension or revocation. (c) The Mayor or his designee may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. The Indiana Rules of Procedure shall apply to these proceedings to the extent they can be applied. (d) The Mayor or his designee shall file a copy of his findings and determination with the City Controller and the applicant within twenty—four (24) hours after it is made. (e) In case of refusal to issue a license or the