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City Commission Meeting <br />March 24, 2003 <br />Page 4 <br /> <br />against subjecting the City to the provisions of Chapter 120 but to operate under the rules as set forth <br />in the proposed ordinance. The City Commission through Ordinance 03-1079 gives authority to the <br />hearing officer to make decisions and thereby excluding itself from the revocation process. This <br />is a very huge step for the City and it shows that it is seeking to have the most fair and impartial <br />hearing possible and the most fair and impartial heating possible was Mr. Mason's main objective. <br /> <br />Pubhc Participation: Jolm Casselberry, 7OO South Lost Lake Lane, Casselberry, FL- Spoke <br />in favor of ordinance 03-1079 with the following queries: <br /> <br />(a) <br /> <br />Queried whether or not the hearing officer procedure was appealable to the court, <br />either by the City or the Adult Entertainment. <br /> <br />(b) <br /> <br />Queried whether or not the Adult Entertainment Industry could re-employ people <br />that had been arrested during a revocation procedure. <br /> <br />City Attorney response to Mr. Casselberry's questions: The hearing Officer is the final decision <br />maker on matters that come before him and decisions rendered by the hearing officer are appealable <br />bythe licensee. There is nothing spelled out specifically that prohibits rehiring employees who have <br />been convicted of crimes; however, there are procedures, if principals in the business are convicted <br />of a crime, that would trigger some potential suspension or revocation procedures. <br /> <br />· Commission Input - Commissioner Cook <br /> <br />(a) <br /> <br />Requested scrivener error on page 2, Line 9 of the Ordinance be corrected to read <br />City Commission instead of City Commissioner. <br /> <br />Co) <br /> <br />Voiced concerns regarding the selection process of the hearing officer and requested <br />that the City Attorney insure that all bases were covered. The City Attorney <br />indicated that the ordinance had been reviewed by the legal staff and believed it to <br />sufficiently cover the hearing officer process; however, if the Commission wants to <br />be more specific on the measures and criteria in the hearing officer selection process, <br />staff could certainly go back and review. <br /> <br />MOTION: <br /> <br />Moved by Vice Mayor/Commissioner Al Clark that OrdInance 03-1079, <br />Adult Entertainment Amendments, be approved and enacted on second <br />reading as presented Motion was seconded by Commissioner Susan <br />Doerner and carried unanimously by roll call vote. <br /> <br /> <br />