§ 22-11. 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 police jury as provided in this chapter, 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 thirty (30) days of the receipt of respondent's appeal or the institution of revocation proceedings, the police jury 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 grounds for denying, suspending, or revoking the license or card, or imposing the fine.

(c)

The police jury 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 police jury, 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 police jury and upon conviction in any court of competent jurisdiction shall be punishable pursuant to this chapter. Notwithstanding any other provision of this chapter, 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 chapter does not appear, the hearing may proceed without him and the police jury may consider and dispose of the case, but in all cases the police jury, 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 (4) 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 police jury may accept, reject or modify the recommendation or action of the sheriff. The police jury shall issue a decision on the issue before it within twenty-one (21) days after the conclusion of the hearing. The failure of the police jury to act within such time period shall be deemed an acceptance of the recommendation of the sheriff.

(g)

Notwithstanding any other provision of this chapter to the contrary, the police jury 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 22-9(e).

(h)

In hearings of the police jury which finally result in withholding the issuance of a license or in suspending or revoking a license, the police jury shall assess the costs of the hearing to the applicant or licensee. The costs are recoverable by the police jury 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 police jury to withhold, suspend or revoke his or her license may, within ten (10) days of the notification of the decision, or within ten (10) days of the deemed action of the police jury, 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 22-2, section 22-13, section 22-14, section 22-15, section 22-17, section 22-8 and section 22-19 of this chapter.

(Ord. No. 975, § 1, 9-6-2005)