A. Except as otherwise provided in this General Licensing Code, the City Clerk's Office shall issue a license to an applicant if finding after investigation:
1. All prerequisite conditions imposed upon the applicant by the provisions pertaining to the particular license have been met including, but not limited to, the qualification standards set forth in part 4 of this article;
2. The application and related fees have been paid;
3. The license fee has been paid;
4. The required bond has been posted;
5. The required insurance has been obtained and/or maintained;
6. The business premises conform to the requirements of applicable building, fire, safety and zoning regulations; and
7. All other specific requirements of the particular license have been met.
B. If the Deputy Licensing Officer finds the criteria in subsection A of this section have not been met, the application shall be denied. The Deputy Licensing Officer shall notify the applicant of the denial by first class mail, postage prepaid, or e-mail to the address furnished to the City Clerk's Office by the applicant, along with a copy of the denial and the reasons supporting the denial.
C. Any applicant may appeal the Deputy Licensing Officer's denial of the application to the Licensing Officer by filing a written appeal, stating the grounds for appeal, with the City Clerk's Office within ten (10) days following the date of denial of the application.
D. In the event an appeal is filed, it shall be heard de novo and recorded electronically or otherwise at least ten (10) days after the appeal is filed with the City Clerk's Office. If a postponement of this hearing is requested, the applicant must file a written request for continuance at the same time the appeal is filed. The Licensing Officer shall have the discretion to grant or deny the request for continuance. At the Deputy Licensing Officer's request, the City may be represented by a prosecuting attorney. The Licensing Officer shall have the discretion to conduct the hearing or designate a hearing officer to do so. In conducting any hearing, the Licensing Officer and hearing officer are empowered to administer oaths and issue subpoenas. Compliance with any subpoena issued by the Licensing Officer or hearing officer may be enforced by application to the Municipal Court of the City, where enforcement may be in the same manner as contempt of court. At the hearing on the appeal, the Licensing Officer or hearing officer shall consider the evidence presented and either uphold the decision of the Deputy Licensing Officer and deny the license or overturn the decision of the Deputy Licensing Officer and grant the license. The Licensing Officer or hearing officer may impose appropriate conditions upon any license granted to protect the general health, safety and welfare. Failure to appeal in accord with this section shall be deemed a waiver of the right to appeal pursuant to CRCP 106 by virtue of a failure to exhaust administrative remedies. (Ord. 97-160; Ord. 01-42; Ord. 14-72)