A. Judicial Review: Any person adversely affected by any final business license violation determination issued following a business license violation appeal hearing, may file a petition for review of the final business license violation appeal determination in the District Court within thirty (30) days after the date of the final business license violation appeal determination.
B. Exhaustion Of Administrative Remedies: No person may challenge in District Court a final business license violation appeal determination until that person has exhausted his or her administrative remedies.
C. Obtaining The Administrative Record For Judicial Review: Within thirty (30) days after submitting a petition for review in the District Court, the party petitioning for judicial review shall request a copy of the record of the business license violation appeal hearing, including transcripts if required by the District Court. The city shall not submit copies of files or transcripts to the reviewing court until the party petitioning for judicial review has paid all required copying and transcription costs. The petitioning party's failure to properly arrange for copies of the record, or to pay the full costs for the record, within sixty (60) days after the petition for review was filed shall be grounds for dismissal of the petition. The city shall have an additional sixty (60) business days from the date of request to prepare and submit the requested file and/or transcript.
D. Possible Remand Back To City: If a transcript of a hearing cannot be prepared because the tape recording is incomplete or unintelligible, and there is no other reliable record of the business license violation appeal hearing otherwise available, the District Court may, in its discretion, remand the matter back to the city for a supplemental proceeding to create a usable record.
E. District Court Review On The Record: The District Court's review is limited to the evidence in the record of the business license violation appeal determination that is being reviewed, and not a new trial or hearing on the facts or evidence. The court shall not accept nor consider any evidence that is not part of the city's record.
F. Scope Of District Court Review; Burden Of Proof: The District Court shall:
1. Presume that the business license violation appeal determination on review is valid; and
2. Review the record to determine whether or not the evidence available to the administrative hearing officer shows that the order was arbitrary, capricious, or illegal.
3. The petitioner for review has the burden of proof before the District Court. (Ord. 2019-24, 9-10-2019)