(A) Any applicant for a license to operate a medical marijuana facility under this chapter may appeal the clerk's denial of the license to the Mayor, provided however that:
(1) The applicant has paid all permitting, licensing and application fees related to the operation of a medical marijuana facility pursuant to § 124.07, below;
(2) Within seven days of the applicant's receipt of the Clerk's denial, the applicant made a written objection of the Clerk's denial to the Mayor that;
(a) Has a valid and verifiable date of service of process;
(b) Sets forth with particularity the grounds on which the objection is based;
(c) Seeks consideration of the appeal to the Mayor.
(B) Should the Mayor deny the applicant's appeal, the applicant my appeal to the City Council and the Council shall:
(1) Allow the applicant or its representative an opportunity to speak and present any affidavits and documentary evidence in support of the appeal so long as the presentation shall be reasonably limited in time;
(2) Sustain the Clerk's determination unless it finds the Clerk's denial of the license to have been an abuse of discretion hereunder;
(3) Issue a formal written Resolution deciding the appeal within 30 days of the hearing set forth herein;
(C) The Mayor shall preside over any appellate hearing and employ a relaxed evidentiary standard for the admission of evidence.
(Ord. 856, passed 3-7-16; Am. Ord. 858, passed 7-17-17)