§ 15-119. Appeal of denial, suspension and revocation decisions; judicial review.

(a)

After denial of an application for an adult business permit or adult business performer permit, after denial of renewal of such a permit (which shall be considered a type of revocation), or after suspension or revocation of such a permit, the aggrieved applicant or permittee may appeal such administrative action or decision to the board of supervisors by filing a notice of appeal with the clerk of the board of supervisors within ten (10) days of the date of the challenged action or decision. The board shall hear the appeal in accordance with Butte County Code section 24-45.30. The board's appeal hearing shall be held and a decision rendered within twenty (20) days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the county and appellant.

(b)

Permits issued and applied for under this article shall be subject to prompt judicial review and decision pursuant to Code of Civil Procedure section 1094.8. If a permit denial, suspension or revocation decision is affirmed on review by the board of supervisors, the applicant or permittee may seek judicial review of the board's decision pursuant to Code of Civil Procedure section 1094.8.

(c)

If a permittee seeks review of a suspension or revocation decision pursuant to this section 15-119, then the suspension or revocation will be stayed as follows:

(1)

If the permittee files and serves a petition for writ of mandate under Code of Civil Procedure section 1094.8 within twenty-one (21) days after the final board decision on the appeal, then the suspension or revocation shall be stayed pending a trial court decision under Code of Civil Procedure section 1094.8. If affirmed by the trial court, the suspension or revocation shall take effect immediately, unless otherwise provided by court order or applicable law.

(2)

If the permittee fails to timely file and serve a petition for writ of mandate under Code of Civil Procedure section 1094.8 within twenty-one (21) days after the final board decision on the appeal, then the suspension or revocation shall take effect upon expiration of the twenty-one-day period.

(Ord. No. 3619, § 4, 7-25-2000)