5.42.070 License - Revocation - Appeal.
   (A)   Within five days after receiving notification by certified mail that his, her or its license under this chapter has been revoked, any licensee may file with the City Clerk a written notice of appeal from the revocation, addressed to the Council, requesting a public hearing before the Council on the appeal and stating therein written exceptions to the findings of fact upon which the Chief based his or her revocation of the license. The exceptions shall include, but not be limited to, statements why the licensee believes the Chief acted improperly or failed to act properly. Upon the filing of the notice of appeal, the Council shall fix a time, date and place for a public hearing thereon and shall send by certified mail to the licensee a notice of the time, date and place of the hearing. The hearing shall be held at a regular meeting of the Council not more than 30 days from the date on which the notice of appeal was filed with the City Clerk. At the hearing, the licensee may present evidence in support of his or her stated exceptions and the reissuance of his or her license. Any interested party, including the Chief of Police, may, in the discretion of the Council, be allowed to participate in the hearing and present evidence in support of or in opposition to the revocation. The burden of proof shall be on the Chief of Police.
   (B)   The Council, by resolution, shall, no later than 15 days after the conclusion of the hearing, make findings of fact and either affirm or reverse the Chief’s revocation of license. The Council, in the resolution, shall state the facts upon which its decision is based and its ruling upon any exceptions filed to the Chief’s original findings of fact upon the revocation. A copy of the resolution shall be served by mail upon the applicant and all parties to the hearing requesting the same. The Council’s decision by the resolution shall be final and conclusive.
(`78 Code, § 5.42.070.) (Ord. 1597 § 1 (part), 1981.)