A. Right of Appeal: An applicant or resident of the City or any person to whom a current and valid business license has been issued, aggrieved by the action of the City Council ("Appellant") in granting or denying the issuance of a business license or a special event permit to an applicant or non-renewing a business license, or revoking a business license shall have the right to appeal such action to the Lava Hot Springs Business and Special Event Regulation Code Board of Appeals.
B. Notice of Appeal: Such appeal shall be taken by filing with the City Clerk, within fifteen (15) days after the City Council decision granting or denying the issuance of a business license or a special event permit to an applicant, or non-renewing a business license, or revoking a business license. The Notice of Appeal shall set forth in detail all reasons why the appeal should be granted.
C. Notice of Hearing: The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the Appellant, the applicant and/or the business by sending notice by U.S. mail, postage prepaid, giving the time and the place of the hearing. In lieu of mailing the notice, the notice may be delivered to the Appellant, the applicant and/or the business in person. Such notice shall be mailed or delivered at least ten (10) business days prior to the date set for the hearing.
D. Stay of Action: The Mayor may only stay the following actions of the City Council while an appeal is pending, if in the judgement of the Mayor, the stay will not endanger the public health, safety and welfare of the residents of and visitors to the City and/or adversely and unreasonably impact public and private property or property rights:
1. Revocation of a business license;
2. Issuance of a special event permit;
3. Issuance of a business license;
4. Extension of a thirty (30) day business license; or
5. Renewal of a business license.
E. Hearing: The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall hold a hearing to determine if the decision by the City Council was made in error. The decision of the City Council shall be entitled to a strong presumption of validity, including the City Council's application and interpretation of the Lava Hot Springs Business and Special Event Regulation Code. The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall only reverse the decision of the City Council if it finds that its decision was arbitrary, capricious, or an abuse of discretion. The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall not have the authority to issue or deny a business license or a special event permit, or renew a business license, or revoke a business license, but in the event it reverses the decision of the City Council it shall have authority only to remand the matter to the City Council with instructions to the City Council to reconsider the decision which was appealed and, upon reconsideration, to consider the findings and conclusions of the Lava Hot Springs Business and Special Event Regulation Code Board of Appeals.
F. The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall consist of four (4) members appointed by the Mayor when necessary to hold a hearing on an appeal, or in the absence of the Mayor for any reason, by the President of the City Council: (1) a Resident of the City; (2) an authorized representative of a person to whom a current and valid business license has been issued; (3) a current officer from the Lava Hot Springs Chamber of Commerce; and (4) the City Attorney. Each member so appointed shall confirm prior to the hearing that he/she does not have a conflict of interest which would interfere with making an unbiased decision on the matter which will be heard by the Board of Appeals. The City Attorney shall not be a voting member, but shall participate in an advisory role to the Board of Appeals on matters of form, process and procedure.
G. Board of Appeals Decision: The Lava Hot Springs Business and Special Event Regulation Code Board of Appeals shall enter its written decision within ten (10) business days after the hearing. All decisions shall be by a 2/3 majority. The time for entering the decision may be extended by the Board of Appeals in cases where the complexity of the case requires additional time for proper review and consideration by the Board of Appeals. The Board of Appeals shall transmit a copy to all persons that participated in the appeal, the City Clerk, the Mayor and the President of the City Council. (Ord. 2020-3, 8-13-2020)