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or any new adult business applicant which has a license application or <br />renewal application denied or has a license suspended or revoked may continue operations pending <br />appeal, - <br />(2) Prior to den in ,suspending, or revoking a license hereunder, the Controller <br />shall give the ~plicant or licensee written notice of the reasons for the suspension or revocation, and <br />notice of the right to a hearing under subsection 4-16(b). <br /> <br />> > <br /> <br /> <br />(3) An applicant or licensee (a~~rieved party whose application for a license or <br />renewal of a license has been denied or whose license has been suspended or revoked shall have the <br />right to challenge or appeal such action upon factual grounds or constitutional grounds or both to <br />a court of law within 30 days after the City denies suspends, or revokes the application or license. <br />Judicial review may be obtained without exhausting the procedures for administrative appeal <br />provided herein Upon the filing of any court action to appeal, challenge, restrain, or otherwise <br />enjoin the City's enforcement of the denial suspension, or revocation, the City shall immediately <br />issue the aggrieved party a Provisional License. The Provisional License shall allow the a~~rieved <br />p_arty to continue operation of the sexually oriented business orto continue employment as a sexually <br />oriented business employee and will expire only upon the court's entry_of a jud~rrtent on the merits <br />ofthe ag,,~rieved Qart~s appeal or other action to restrain or otherwise enjoin the City's enforcement. <br />Section III. This Ordinance shall be in full force and effect from and after its passage by the <br />Common Council and approval by the Mayor. <br />~w~ ~ /C~~ <br />Member, South Bend Common Council <br />1 st READING ~, - 2 ~ Q2 <br />PUBLIC HEARING ~ Z-q-O L <br />3 rd READING tZ~~- O L <br />NOT APPROVED <br />REFERRED <br />PASSED I2-~.` ~~"' <br />F10£~ ~eC~'a ~ ~~~l~~ <br />e~4~~ ~ ~ 2.~~~. <br />