<div class="chunk-title">Sec. 8-42. - Appeal of denial, suspension, or revocation.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               After a denial of an application for a license, a denial of an application for renewal
               of a license, or a suspension or revocation of a license, the applicant or licensee
               may appeal the denial, suspension, or revocation in writing to the county manager
               within 20 days after notice of the denial, suspension, or revocation has been received.
               The county manager shall hold a hearing on whether to issue/renew the license or uphold
               the denial, suspension, or revocation within five business days after the receipt
               of the appeal. The applicant or licensee shall have the right to present evidence
               at said hearing. The decision to issue/renew the license or uphold the denial, suspension,
               or revocation shall be based solely on the criteria set forth in this article. The
               county manager shall render a decision on the appeal within five business days after
               the date of the hearing.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               Upon receipt by the county manager of a written appeal pursuant to subsection (a)
               above, a denial of an application for renewal of the license or a suspension or revocation
               of the license of any sexually oriented business, or adult live entertainer, shall
               be stayed until a decision is rendered by the county manager. In addition, upon receipt
               by the county manager of a written appeal pursuant to subsection (a) above, the denial
               of an initial application for a license by any sexually oriented business or adult
               live entertainer existing prior to the effective date of this article shall be stayed
               until a decision is rendered by the county manager.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               The decision of the county manager is subject to review in the superior court of the
               county by proceedings in the nature of certiorari. Any petition for writ of certiorari
               for review shall be filed with the clerk of superior court within 30 days after notice
               of the decision has been received by the applicant or licensee. A denial of an application
               for renewal of the license or a suspension or revocation of the license of any sexually
               oriented business or adult live entertainer shall be stayed until a decision is rendered
               by the superior court or the time to petition the superior court for a writ of certiorari
               has expired. The following provisions shall apply to any appeal to superior court
               from a decision of the county manager:
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            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Unless good cause exists to contest a petition for writ of certiorari, the county
               shall stipulate to certiorari no later than five business days after the petitioner
               requests such a stipulation.
               </p>
            		
            <p class="incr1">
               (2)
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            <p class="content2">
               The county shall transmit the record to the court no later than five business days
               after receiving the order allowing certiorari.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Notwithstanding the provisions of any local rule of the reviewing court which allows
               for a longer time period, the county shall file its brief within 15 days after it
               is served with the petitioner's brief. If the petitioner serves his or her brief by
               mail, the county shall add three days to this time limit, in accordance with G.S.
               1A-1, Rule 5. If the local rule is subsequently amended to provide for a shorter time
               period for the filing of any brief, then the shorter time period shall control.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               An appeal by an applicant or licensee from the Superior Court of Currituck County
               shall be governed by the North Carolina Rules of Appellate Procedure but, unless a
               court of competent jurisdiction otherwise provides, said appeal shall not stay any
               action taken with regard to the license.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-7-03, Â§ 12)
               </p></div>