349.13 APPEAL FROM LICENSE DENIAL, SUSPENSION OR REVOCATION.

   (a)    In case any applicant is denied any license, or his application therefor is disapproved by any officer whose approval is requisite for its issuance, or the report upon any investigation or inspection requisite to a license is unfavorable, or any license is suspended or revoked, the applicant or licensee shall within three business days have the right to appeal to the City Manager from such denial, disapproval, unfavorable report, suspension or revocation, in such manner and upon such forms as the City Manager shall prescribe. Whenever application is made for any such appeal the Manager shall forthwith fix a time and place for hearing the same, not later than one week thereafter. Upon such hearing the applicant or licensee shall be heard in person or by counsel, to prove that his application should be granted or his license restored, and upon no other subject. Evidence may be heard in rebuttal of that offered by the appellant. The City Manager shall render his decision within three days after the close of such hearing, either confirming the denial, disapproval, report, suspension, or revocation, or ordering the license to be issued or to be restored. Any order for the issuance or restoration of a license may stipulate as a condition thereof the correction of conditions to comply with requirements governing such licenses. Upon the final revocation of any license the license certificate thereof shall be cancelled, and a record thereof made by the Director of Finance. A license which has been revoked shall not be renewed, nor shall another license be issued to the same person for the same business or occupation during the remainder of the year for which the revoked license was issued, unless the City Manager so orders For purposes of appeal the Director of Finance's decision shall be presumed accurate, and the appellant shall bear the burden of proof of evidence to contradict the director's decision. The administrative hearing officer will either uphold or reverse the director's decision based on the information presented at the hearing under the criteria set forth in this Chapter.

(Ord. 2022-9-73. Passed 9-14-22.)