Sexually oriented businesses; hearing; judicial review.

Peoria, Ariz., City Code § 11-11

in effect

Sec. 11-11. Sexually oriented businesses; hearing; judicial review. (a) If the City Manager or designee determines that grounds exist for denial, suspension, or revocation of a license or permit under sections 11-1 through 11-19 of this code, they shall notify applicant, licensee or permittee (respondent) as provided for in section 11-10, including a summary of the grounds therefor. Within ten (10) working days of receipt of such notice, the respondent shall provide to the City Manager or designee in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked and may include a request for a hearing. If: (1) A response is not received by the City Manager or designee in the time stated, the City Manager or designee within five (5) business days after the expiration of the time stated shall issue a final order denying, suspending or revoking the license or permit. (2) Within five (5) working days after receipt of a response, the City Manager or designee shall transmit the Notice of Revocation, the summary of grounds and the response to the City's sales tax hearing officer who shall hear the matter as a licensing hearing officer. The hearing officer shall: A. Set within 20 working days after receipt of the matter a hearing. B. Send notification to the City Manager or designee and respondent in writing by certified mail or any other means under the Arizona Rules of Civil Procedure, Rule 4, calculated to provide adequate notice of the date, time and place of the hearing. (3) The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The technical rules of evidence shall not apply and any evidence deemed relevant and probative may be admitted. The hearing officer shall render a written decision within ten (10) working days after completion of the hearing and shall mail a copy of the decision in the manner provided in subsection (2)b. to the City Manager or designee and to the address of the respondent on file with the City. (b) In the event that more than forty-five (45) days elapse between receipt by the City of a request for a hearing and issuing by the hearing officer of a final decision to the respondent and city without a stipulated extension of time approved by the hearing officer, a decision in favor of the respondent shall be deemed to have been rendered. (c) The City Manager or designee may at any time withdraw the denial or notice of revocation or suspension of permit or license, in which case an appeal shall be deemed to be dismissed and the matter moot. (d) When the decision to deny, suspend or revoke a license or permit becomes final, the respondent shall have the right to seek judicial review of the decision by way of special action or other available procedure in the superior court. Upon filing of such a special action, the decision of the hearing officer shall be deemed to be stayed until final disposition by the superior court. Should an appeal be taken, the respondent may request a stay in the manner provided by the Arizona Rules of Civil Appellate Procedure. If the respondent fails to file a request for judicial review within thirty (30) days after the decision to deny, suspend or revoke became final, there shall be no stay of the City Manager or designee's decision, unless provided for by the Superior Court. (Ord. No. 98-16, 3/17/98, Enacted; Ord. No. 2017-27, § 11, 6-13-17)

Source: City of Peoria, Arizona, City Code and Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/peoriaaz/latest/peoria_az/0-0-0-50144Fetched: 11/8/2026