(A) A permit applicant who has a legal or equitable interest in the Chief of Police's order/decision upon an application for an entertainment permit or a Chief of Police's order/decision suspending or revoking an entertainment permit, or any other person aggrieved by either type of order/decision, may appeal said order/decision. The appeal must be in writing and must be filed with the City Clerk no later than ten days from the date when an applicant receives notice of an adverse Chief of Police order/decision. Failure to make a timely appeal per this section represents an absolute waiver of any appellate rights with respect to the application in question, and the Chief of Police order/decision shall be deemed final and no longer subject to appeal.
(B) Any written appeal as to the Chief of Police's order/decision shall be legible, filed with the City Clerk accompanied by a non-refundable fee in an amount set by resolution of the City Council to cover the administrative costs of the appeal, and state the grounds for such appeal and the specific factual and/or legal errors committed by the Chief of Police in issuing his or her order/decision. An appeal shall contain:
(1) A specific identification of the entertainment site or explanation of the entertainment use to occur at multiple locations;
(2) The names and addresses of all appellants;
(3) A statement of appellant's legal or equitable interest, if any, in the Chief of Police's order/decision;
(4) A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
(5) The date upon which the appeal was prepared and the signature of each appellant; and
(6) A verification by at least one appellant, under penalty of perjury, as to the truth of the matters stated in the appeal.
(C) The City Clerk shall then transmit a copy of the written appeal to the Police Department for presentation to the Hearing Officer in the context of a public hearing to be held within 30 days of the appeal's filing.
(D) The City Clerk shall mail notice of the time and place of the public hearing on the appeal to the appellant and to the applicant if not identical to the appellant, postage prepaid, no later than ten days prior to the date set for hearing, and shall maintain said notice as a public record of the city. In addition, the City Clerk or his or her designee shall post a copy of the notice of hearing on appeal at the premises of any entertainment site that is the subject of the appeal in question. Said notice of hearing on appeal may also designate certain records of the appellant or applicant required to be produced at the time of the hearing.
(E) The Police Department's presentation of an appeal to the Hearing Officer shall include: any records of the administrative hearing, copies of all papers submitted, review of any records of the appellant produced at the time of the hearing, copies of any Chief of Police decision/order issued, and a written report from the Chief of Police stating the factual and legal basis upon which any order/decision was reached.
(F) The Police Department and the appellant may submit any and all evidence believed relevant to the Hearing Officer. The Hearing Officer may require the presentation of additional evidence from either the appellant or the Police Department, or from both. Further, the Hearing Officer may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon completion of the hearing, the Hearing Officer may take any action with respect to its final order decision as evidence may require. In so doing, the Hearing Officer may approve, reverse or modify, in whole or in part, the order/decision of the Chief of Police as to the entertainment permit in question.
(G) The City Clerk shall provide written notice of the Hearing Officer's final order decision to the appellant, and to the applicant if not identical to the appellant, within ten days of its issuance. The decision of the Hearing Officer shall be final and conclusive upon all matters in controversy.
(H) The filing of an appeal as to a suspension or revocation of an entertainment permit shall stay its effectiveness pending a Hearing Officer final order decision as to that appeal. However, during the period of such a stay, the Police Department may impose such additional terms and conditions as to any activity pursuant to an entertainment permit as are deemed necessary to protect the public health, safety and welfare.
(Ord. 1510, passed 7-18-07)