(A) Within ten calendar days after service of the notice of the decision of the city to deny advancement to the final selection process; to revoke, suspend or modify a permit; to deny a renewed application for a permit; or to add conditions to a permit, an applicant or permittee may appeal such action by filing a written appeal with the City Clerk setting forth the reason why the decision was not proper. For appeals of a denial of an application prior to the final decision process, reasons shall be stated with specificity and shall address the issues outlined in § 123.24(A). Date of service shall mean the date when a notice or written decision was personally delivered to the applicant or permittee or the date when the notice was caused to be delivered by certified, first class mail. In cases in which the city can verify delivery of a notice to an applicant or in which an applicant is documented as refusing delivery, lack of receipt of the notice cannot form the basis for an appeal.
(B) The notice of appeal shall be in writing and signed by the person making the appeal ("appellant"), or their legal representative, and shall contain the following:
(1) Name, address, and telephone number of the appellant.
(2) Specify decisions, actions, or a particular part thereof, made that are the subject of the appeal.
(3) Include a true and correct copy of the notice issued by the City Manager for which the appellant is appealing.
(4) State with specificity the reasons and grounds for making the appeal, including, but not limited to, a statement of facts upon which the appeal is based in sufficient detail to enable the City Council, or any appointed hearing officer, to understand the nature of the controversy, the basis of the appeal, and the relief requested.
(5) All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer or body to consider at the hearing.
(6) An appeal fee as established by resolution of the City Council.
(C) Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to appeal the notice issued by the City Manager. In this event, the City Manager's notice of revocation, nonrenewal, or suspension shall be final.
(D) In the event a written notice of appeal is timely filed, the nonrenewal, suspension, or revocation shall not become effective until a final decision has been rendered and issued by the City Council or appointed hearing officer. Notices of appeal not served in a timely manner or served by non-operational business shall not serve to allow such business to operate pending appeal.
(E) If no appeal is timely filed in the event of a decision of nonrenewal, the cannabis businesses permit shall expire at the conclusion of the term of the permit. If no appeal is timely filed in the event of a decision supporting suspension or revocation, the suspension or revocation shall become effective upon the expiration of the period for filing a written notice of appeal.
(Ord. 1780, passed 6-1-22)