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A. Written Appeal: Aggrieved applicants may appeal the decision of the business license official within ten (10) days of receipt or delivery of said decision. Appeals shall be filed by a written statement submitted to the city recorder detailing the grounds upon which the aggrieved applicant is appealing the business license official's decision. Upon receipt of such an appeal, it shall be scheduled for a hearing before the designated hearing officer within twenty (20) days, unless such time is extended for good cause.
B. Hearing Required: The hearing officer shall afford the appellant an opportunity, in a hearing, to show cause as to why the license should not be denied or revoked.
1. Notice: The date, time and place of the hearing shall be fixed by the city recorder and personal service of the appellant for the notice thereof shall be attempted. The city recorder must make reasonable steps to ensure the appellant gets actual notice. The notice shall indicate the purpose of the hearing and the action contemplated.
2. Procedure: At the hearing, the appellant shall have the right to appear personally or by counsel, to cross examine witnesses, and to produce evidence and witnesses on his behalf.
3. Burden Of Proof: The appellant has the burden of proof.
4. Standard Of Review: Legislative decisions shall be valid if "reasonably debatable" and not illegal. Administrative or quasi- judicial decisions shall be valid if supported by "substantial evidence" and not illegal.
5. Final Decision On Appeal And Notice Of Action Taken: After such hearing, the hearing officer will have seven (7) business days, unless extended for good cause, to issue written "findings, conclusions and recommendation" to the city council, which will also be provided to the appellant. After due deliberation upon the hearing officer's findings, conclusions and recommendation, which may (at the council's discretion) include taking additional evidence, the city council shall render a final decision on the appeal by adopting the hearing officer's findings, conclusions and recommendation, or taking some other action. The city recorder will notify the appellant in writing of final decision reached by the council. (Ord. 2012-05, 6-26-2012, eff. 7-1-2012)