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C. The city shall, within five working days following receipt of a notice of <br /> nonacceptance, file a complaint with the county court enjoining the licensee from <br /> operating his business. The burden of proof shall be on the city. The status quo shall be <br /> maintained and the hearing examiner's determination of revocation or suspension shall not <br /> be effective until a final judicial determination on the merits affirming the <br /> suspension/revocation is rendered. <br /> is hereby amended to read as follows: <br /> Suspension or revocation of licenses-Notice-Summary suspension or revocation. <br /> A. The city clerk may suspend or revoke any license issued pursuant to this <br /> chapter for a period of time not to exceed one year where one or more of the following <br /> conditions exist: <br /> 1. The license was procured by fraud or false representation of fact in the <br /> application or in any report or record required to be filed with the clerk; <br /> 2. The building, structure, equipment, operation or location of the business <br /> for which the license was issued does not comply with the requirements or fails to meet <br /> the standards of this chapter; <br /> 3. The licensee, his or her employee, agent, partner, director, officer or <br /> manager has violated or permitted violation of any of the provisions of this chapter. <br /> B. The procedure for revoking or suspending a license under this chapter shall <br /> be the following: Upon determining that grounds for revocation or suspension exist, the <br /> city clerk shall send the licensee a notice of intent to revoke or suspend the license. Such <br /> notice shall set forth the grounds for suspension or revocation and schedule a hearing <br /> before the clerk or his/her designee. The hearing shall be held no earlier than ten and no <br /> later than thirty days from the date of notice of intent to revoke. The licensee shall be <br /> permitted to present evidence in support of his position at the hearing. Within two <br /> working days after the hearing, the hearing examiner shall notify the licensee in writing of <br /> his/her determination and reasons therefor. Such decision of the hearing examiner shall be <br /> final and conclusive as of the date set forth in the decision, unless within fifteen (15) days <br /> following the effective date of the hearing examiner's decision, the licensee obtains a writ <br /> of certiorari from the Superior Court of Washington for Snohomish County, for purpose <br /> of review of the hearing examiner's decision. If the licensee obtains such a writ of <br /> certiorari, the decision of the hearing examiner will be stayed until a final judicial <br /> determination on the merits is reached. If the licensee fails to obtain such a writ of <br /> certiorari within fifteen (15) days following the effective date of the hearing examiner's <br /> decision, the City Attorney may invoke the aid of the appropriate court to secure <br /> enforcement and compliance with the hearing examiner's decision. <br /> Section 5: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or <br /> its application to any person or situation be declared unconstitutional or invalid for any <br /> reason, such decision shall not affect the validity of the remaining portions of this <br /> ordinance or its application to any other person or situation. The City Council of the City <br /> ADULT ENTERTAINMENT ORDINANCE AMENDMENT PAGE 5 <br />