§ 19-394. Judicial review; stay of enforcement of orders.
Latest version.
Following the entry of an order by the unified government board of commissioners,
or by the chief of police or the sheriff, or his designee, suspending or revoking
a license or permit issued pursuant to this article, or denying an application for
a license or permit, or the renewal thereof, such licensee or permittee may seek judicial
review of the suspension, revocation, denial or nonrenewal by appeal pursuant to K.S.A.
60-2101(d), or any amendment thereto, an action for declaratory judgment or injunction,
or by any other available procedure that will assure a prompt judicial decision. Except
in cases where the unified government board of commissioners's action was to deny
an initial application for an adult business license, enforcement of any such order
shall be stayed pending a judicial decision and a temporary license or permit shall
be issued pending judicial review in the district court. If the district court upholds
the unified government board of commissioners' decision to deny, suspend or revoke
a license or permit, any temporary license or permit shall be revoked unless otherwise
directed by the district court or the state court of appeals. No temporary license
shall be issued for an adult business that has not previously been licensed.