If the chief of police denies the issuance of a license, or suspends or revokes a license, the licensee shall have a right of appeal.
(1) The chief of police shall send to the applicant, or licensee, by personal delivery or by certified mail return receipt requested, a written notice of the action taken and the reasons for the action taken. In the case of a suspension or revocation of an existing license, such written notice shall also be posted upon the business premises.
(2) The applicant or licensee may not later than ten calendar days after receiving such notice file with the chief of police a written request for an appeal. The filing of an appeal stays the action of the chief of police in suspending or revoking a license, or denying an application to continue the operation of the business, until the city council makes a final decision and prompt judicial review.
(3) The chief of police shall notify in writing the public works director and city attorney of the appeal. The public works director shall set a date for the hearing of said appeal before the planning and zoning commission within 30 days of receipt of the appeal and provide notice of such hearing to the applicant or licensee at least ten days prior to the hearing.
(4) At a hearing on appeal before the planning and zoning commission, they shall hear and consider evidence offered by any interested person, including the applicant, chief of police, public works director or their representative. The applicant shall have the burden of proof; however, the formal rules of evidence do not apply.
(5) Within 30 days after the hearing before the planning and zoning commission, the city council shall conduct a hearing and consider the recommendations of the planning and zoning commission and shall make a decision on the appeal. Disputes of fact shall be decided on the basis of substantial evidence. The decision of the city council shall be final, subject to prompt judicial review by a state or federal court with jurisdiction.
(6) An appeal to the state of federal court with jurisdiction must be filed within 30 days after the order of the city council is approved at a public meeting by the city council conducted pursuant to the open meetings law. The licensee shall bear the burden of proof in court.
(Prior Code, § 5-236)