(a) applicant may appeal a denial of placement of an event on the events calendar or a denial or revocation of a special event or parade permit, by submitting in writing to the appeals hearing committee no later than ten days after notice of denial or revocation, a letter requesting an appeal of the decision. The appeal shall specifically state the grounds upon which it is asserted and why the determination should be modified or reversed.
(b) The applicant shall include in the appeal copies of the application for permit, the written notice of determination of the events calendar committee or the outdoor events manager and any other information material to the determination.
(c) The appeals hearing committee shall act as the appeals hearing officer under this section. The appeals hearing committee shall act upon the appeal within 15 calendar days from the date on which the appeal was received. Notice of the hearing date shall be provided to the applicant in writing.
(d) It shall be the duty of the outdoor events manager to defend the decision to revoke or deny the decision of the events calendar committee or the special event or parade permit. The appeals hearing committee shall then give the appealing party an opportunity to present evidence and make an argument in his or her behalf. The formal rules of evidence shall not apply to an appeal heard under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(e) The appeals hearing committee may affirm, modify or reverse all or part of the decision of the events calendar committee or the outdoor events manager being appealed. The decision of the appeals hearing committee is final.
(f) All notices required under this section shall be in writing and sent by certified mail, return receipt requested, through the United States postal service.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)