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Section 12-30. Hearinq. <br /> <br /> In the event that the City Manager or his delegate has <br />evidence that any of the requirements described in Sections <br />12-26 and 12-29 have not been complied with, he shall set forth <br />in writing and send to the applicant or permittee, by means of <br />registered mail, or hand delivery, notice that w~hin a period <br />of not less than five (5) days from the date of the posting of <br />said notice, a hearing shall be conducted to determine the <br />existence of any facts which constitute grounds for the denial <br />of a permit or permit renewal, the suspension or revocation of <br />a permit. The notification shall include the date, time and <br />place of the hearing as well as a statement of the facts relevant <br />to the case. The hearing shall be conducted by a hearing officer <br />appointed by the City Manager. The applicant or permittee may <br />have the assistance of counsel or may appear by counsel and <br />shall have the right to present evidence. In the event that the <br />applicant or permittee~ fails to appear at the hearing, the <br />evidence of the existence of facts which constitute grounds <br />for the denial of a permit or permit renewal, the suspension <br />of a permit or the revocation of a permit, shall be considered <br />unrebutted. <br /> <br />Section 12-31. Appeal. <br /> <br /> Within ten (10) days a~cer the date of posting the <br />notification that an application for a permit has been denied, <br />a permit suspended or revoked, or a renewal denied, the applicant <br />or permittee may file with the Clerk of the Council a written <br />request for a public hearing before the City Council. Upon the <br />filing of such request, the Clerk of the Council shall set a <br />time and place for hearing and shall notify the appellant <br />thereof. The hearing shall be held within thirty (30) days <br />after the request is filed. At the hearing any person may <br />present evidence in opposition to or in support of, appellant's <br />case. At the conclusion of the hearing the City Council shall <br />either grant or deny the appeal and the decision of the City <br />Council shall be final. <br /> <br />Section 12-32. No permit One Year After Revocation. <br /> <br /> No person who has a permit for a peep show device revoked <br />may obtain a peep show device permit within a period of twelve <br />(12) months from the date of revocation. <br /> <br />Section 12-33. Permit Affixed to Device. <br /> <br /> No person shall operate a peep show device unless each <br />such device is plainly marked with a serial number and shall <br />have attached thereto a distinguishing tag, sign, permit or <br />other marker issued by the Finance Department upon the granting <br />or renewal of a permit, which shall bear a permit number <br />identifying the peep show device as a particular device per- <br />mitted p~rsuant to the terms of this Code. Such permit shall <br />be affixed in.a conspicuous.location on each device and shall <br />remain thereto until a new or different permit has been issued <br />therefor. No permit shall be transferable from one person to <br />another or from one device to another. <br /> <br />Section 12-34. Wall, Partition construction <br /> <br /> NO person shall operate a peep show establishment unless <br />any wall or partition which is situated so as to create a room, <br />enclosure or booth in which any peep show device is located is <br />constructed of not less than one hour fire-resistive material. <br /> <br /> <br />