§ 13-196. Hearing; denial, revocation, and suspension; appeal.

(a)

Any notice or letter of intent issued under this chapter for the denial, suspension, or revocation of a license under this chapter shall be in writing, shall be addressed to the applicant, licensee or card holder (respondent), shall set forth the grounds therefor, and shall be delivered by personal delivery, or by certified mail. The notification shall be directed to the most current business address or other mailing address on file with the sheriff for the respondent.

(b)

Upon any appeal to the parish council as provided in this article, or upon the institution of revocation proceedings, the parish clerk shall notify the respondent in writing of the hearing date on respondent's denial, fine, suspension, or revocation proceeding. Within 30 days of the receipt of respondent's appeal or the institution of revocation proceedings, the parish council shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, and present evidence and witnesses on his or her behalf. The parish may also be represented by counsel, and shall bear the burden of proving the ground for denying, suspending, or revoking the license or card, or imposing the fine.

(c)

The parish council may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and examine witnesses and receive testimony at the hearing for denial, suspension or revocation of licenses under this chapter. If any person fails to comply with a subpoena issued by the parish council, or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, such failure or refusal shall constitute contempt of the parish council and upon conviction in any court of competent jurisdiction shall be punishable pursuant to section 1-13. General penalty for violation of Code: continuing offenses of the Tangipahoa Parish Code of Ordinances. Notwithstanding any other provision of this article, such a conviction of a licensee or card holder shall be cause for suspension or revocation of his or her license or card.

(d)

If a respondent who has been notified of a hearing for denial, suspension or revocation of a license under this article does not appear, the hearing may proceed without him and the parish council may consider and dispose of the case, but in all cases the parish council, upon its own motion, may grant continuances from time to time. If the continuance is granted to a fixed future date by written consent or in the presence of the respondent or his or her counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.

(e)

Any hearing shall take no longer than four hours, unless extended to meet the requirements of due process and proper administration of justice.

(f)

In determining cases involving the suspension or revocation of licenses or cards, or the imposition of an administrative fine, the parish council may accept, reject or modify the recommendation or action of the sheriff. The parish council shall issue a decision on the issue before it within 21 days after the conclusion of the hearing. The failure of the parish council to act within such time period shall be deemed an acceptance of the recommendation of the sheriff.

(g)

Notwithstanding any other provision of this article to the contrary, the parish council may, instead of or in addition to revocation or suspension of a license issued under the authority of this chapter, impose a fine on the licensee not to exceed the fines set forth in subsection 13-194(e).

(h)

In hearings of the parish council which finally result in withholding the issuance of a license or in suspending or revoking a license, the parish council shall assess the costs of the hearing to the applicant or licensee. The costs are recoverable by the parish council in any appellate proceeding instituted by the applicant or licensee or in any other appropriate judicial proceeding.

(i)

An applicant or licensee who is aggrieved by a decision of the parish council to withhold, suspend or revoke his or her license may, within ten days of the notification of the decision, or within ten days of the deemed action of the parish council, take a devolutive appeal to the district court having jurisdiction over his place of business, and on such appeal, the trial shall be de novo. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the parish's enforcement of the denial, suspension, or revocation, the parish shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the parish's enforcement.

(j)

Sexually oriented businesses or sexually oriented business employees operating or working under temporary cards or licenses, provisional cards or licenses, or de facto temporary cards or licenses shall be subject to the provisions of section 13-197, section 13-198, section 13-199, section 13-200 section 13-202, section 13-203 and section 132-4 of this chapter.

(Ord. No. 06-80, 11-13-06)