After denial of approval of an application, or denial of a renewal of an application, or suspension or revocation of any license by the Licensing Board, an aggrieved party (the applicant or licensee if the license was denied, suspended, or revoked or renewal was denied; or a citizen of Winchester, or the county, as the case may be, if the license was granted or renewed or if suspension or revocation of a license was denied after proceedings therefor) may request a hearing de novo before the Board of Commissioners of the City of Winchester or the County Fiscal Court, as the case may be, by filing a written request stating the grounds therefor within five days after the action of the Licensing Board was communicated to the applicant or licensee by depositing same in the U.S. mail with the required postage thereon. The hearing de novo, limited to the grounds stated in the request for hearing, must be held within ten days after the action by the Licensing Board. The legislative body will not overturn a finding of fact of the Licensing Board unless same is found to be clearly erroneous. If the denial, suspension, or revocation is upheld by the legislative body, the applicant may seek judicial review of the administrative action in any court of competent jurisdiction and upon timely application for such review, a provisional license shall be granted until the review is completed or until a restraining order is entered.
(Prior Code, § 62.107) (Ord. 2000-11, passed 7-26-2000)