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2006-03-03
CITY-OF-BATESVILLE
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2006-03-03
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• Such a vote shall be taken within twenty-one (21) calendar days after the date on which <br /> the city clerk receives the notice of appeal. <br /> Judicial review of a revocation by the Enforcement officer and City Council may be <br /> made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. During the <br /> pendency of the appeal, the status quo shall be maintained such that the licensee shall <br /> continue to be allowed to operate its business pursuant to its license and pursuant to <br /> this Ordinance. <br /> ARTICLE XI. Judicial review. <br /> After denial of an initial or renewal application by the Enforcement officer and the City <br /> Council, or upon a fine, suspension or revocation by the Enforcement officer and the <br /> City Council, the applicant or licensee may seek judicial review in any court of <br /> competent jurisdiction. <br /> (1) Time for taking appeal. All appeals from the City Council to a court of <br /> competent jurisdiction must be filed in the office of the clerk of the particular court <br /> having jurisdiction of the appeal within thirty (30) days from the date of the vote <br /> by the City Council. <br /> (2) How taken. An appeal from the City Council to a court of competent <br /> jurisdiction shall be taken by filing the record of the findings and proceedings of <br /> • the Enforcement officer and the City Council, to the extent such a record is <br /> available. It shall be the duty of the city clerk to prepare and certify such record <br /> when requested by the appellant, and upon payment of any fees authorized by <br /> law therefore. The appellant shall have the responsibility of filing such record in <br /> the office of the clerk of the court of competent jurisdiction. <br /> (3) No record available. When the city clerk neglects or refuses to prepare and <br /> certify a record for filing in a court of competent jurisdiction, the person desiring <br /> an appeal may perfect the appeal on or before the thirtieth day from the date of <br /> the vote by the City Council by filing an affidavit in the office of the clerk of the <br /> court of competent jurisdiction showing that he has requested the city clerk to <br /> prepare and certify the records for purposes of appeal, and that the city clerk has <br /> neglected to prepare and certify such records for purposes of appeal. A copy of <br /> such affidavit shall be promptly served upon the city clerk and upon the adverse <br /> party. <br /> ARTICLE XII. No transfer of license. <br /> A licensee shall not transfer his/her license to any person who has not obtained a <br /> license, nor shall a business licensee operate a sexually oriented business under the <br /> authority of a sexually oriented business license at any place other than the address <br /> designated in the application. This section is not intended to prevent a business <br /> licensee from being allowed to sell, assign or transfer ownership or control of his/her <br /> • business to another person already possessing a valid sexually oriented business <br />
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