A. Any Food Service Establishment, permit applicant, or permittee adversely affected by a decision, action, or determination made by the City Manager may, prior to the date that the City Manager's order becomes final, file a written request with the City Clerk for hearing before the City Council accompanied by an appeal fee in the amount established by a separate resolution of the City Council. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the City Council shall either set the matter for a hearing, or deny the request for a hearing.
A hearing shall be held by the City Council within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the City Council. If the matter is not heard within the required time, due to actions or inactions of the appellant, the City Manager's order shall be deemed final.
B. The City Council shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the City Manager shall be within the sole discretion of the City Council.
C. The appeal fee shall be refunded if the City Council denies a hearing or reverses or modifies, in favor of the appellant, the order of the City Manager. The fee shall not be refunded if the City Council denies the appeal.
D. After the hearing, the City Council shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the City Manager.
E. The decision of the City Council shall be set forth in writing within sixty-five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the City Council shall be sent by certified mail to the appellant at the appellant's business address and/or to its legal counsel/representative at the address provided to the City.
The order of the City Council shall be final upon its adoption. In the event the City Council fails to reverse or modify the City Manager's order, it shall be deemed affirmed.
(Ord. 3051 § 1 (part), 2004).