Within five days after receiving notification by certified mail that his or her application for a license or a renewal license to operate the business of a secondhand dealer under this chapter has been denied, any applicant may file with the City Clerk a written statement, addressed to the City Council of the city, requesting a public hearing on the application before the Council and stating therein written exceptions to the findings of fact upon which the Chief of Police based denial of the application. Applicants who have been denied a license because of a conviction for attempting to receive stolen property or any other offense involving stolen property should be informed of their right to review their criminal history record in accordance with the provisions of California Penal Code Article 5 governing the examination of records. The exceptions shall state why the applicant believes the Chief of Police acted improperly or failed to act properly. Upon the filing of such a statement, the Council shall fix a time, date and place for a public hearing thereon and shall notify the applicant thereof. The hearing shall be held at a regular meeting of the Council not later than 30 days from the date on which the written statement was filed with the City Clerk. At the hearing, the applicant may present evidence in support of his or her application and exceptions. The burden of proof shall be on the applicant. The Council, by resolution, shall, not later than 15 days after the conclusion of the hearing, make findings of fact and either deny or grant the application for a license, subject to any reasonable conditions thereto as it deems appropriate. The Council, in the resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions to the Police Chief’s original findings of fact upon the application. A copy of the resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same.
(`78 Code, § 5.42.040.) (Ord. 1597 § 1 (part), 1981.)