A. Purpose: The purpose of this section is to provide uniform appeals procedures for business license actions of the city, including application denial, conditional approval of the license, and license denial, nonrenewal, revocation, or suspension.
B. Exceptions: Exceptions to the use of the appeal process in this section will occur if an appeal process is detailed otherwise for a special license within the applicable chapter.
C. Filing Appeals:
1. All administrative appeals are filed in writing with the business license administrator ("administrator") in the business license division ("division") of the city of Logan within fifteen (15) calendar days of the action being appealed. An appeals application not filed in the above specified division shall not constitute a filing for purposes of meeting the fifteen (15) day limit.
2. Appeals filed with district court shall be filed in conformance with the requirements of state law and court procedures. Nothing in this chapter is intended to imply changes to, other procedures for, or otherwise override standard procedures and time lines of district court.
D. Body To Hear Appeals; License Review Board:
1. Purpose: The license review board shall act as a governing board over the business license appellate process when licenses, consents or permits have been suspended, revoked, denied, or not renewed by the administrator, or when applications have been denied, or when licenses or applications have been conditionally approved by the administrator.
2. Board Composition: The license review board shall be appointed by the mayor and shall be comprised of two (2) citizens of Logan and three (3) employees of the city, including the fire chief, the community development director, and the chief of police, or their designees. Alternate department head(s) shall be assigned by the mayor to participate on the board if conflict of interest issues arise for board members/designees employed by the city. The business license administrator shall not serve as a member of this board.
3. Board Decision: Following the hearing, the board shall render a decision based on a simple majority vote by a quorum of the board.
4. Board Quorum: A quorum shall be comprised of at least three (3) members of the board with not less than one citizen member of the board present.
5. Split Vote: Should a split vote occur due to an even number of members present, the decision being appealed will stand.
E. Standing To File An Appeal: The licensee, applicant, proponent, or any affected party may file an appeal of a decision by the administrator. In the case of death or health related disability of the applicant, rendering that individual unable to request or participate in the appeal process, the applicant's designee may proceed on behalf of the applicant.
F. Contents Of The Request For An Appeal; Minimum Requirements: At a minimum the request for an appeal shall be filed in writing and include the following:
1. The name of the person or persons filing the appeal, a mailing address, and daytime telephone number;
2. The business name and the identification number assigned by the administrator in the action/appeal process notification;
3. The date of the action notice;
4. Any required appeal application fee;
5. The specific issues being appealed:
a. If the license was conditionally approved and specific conditions are being appealed, the request for an appeal shall specify the conditions being appealed and the reason(s) for the appeal,
b. If the license was approved without conditions, the request for appeal shall specify the actions taken that have generated the appeal request,
c. If the application was denied or the license was suspended, revoked or not renewed, the request for appeal shall specify the findings used by the administrator or other decision maker(s) that have generated the appeal request;
6. A statement shall be included demonstrating applicant's standing as set forth in subsection E of this section;
7. Incomplete applications are unacceptable. An incomplete application for an appeal shall not be accepted. Submitting an incomplete application shall not waive, defer, or delay the fifteen (15) day appeal deadline.
G. Staff Report Required: The administrator rendering the decision being appealed shall provide the board and appellant with a written report or memorandum explaining the basis of the decision or interpretation.
H. Appeal Meeting: Not less than fourteen (14) days following the receipt of the application for appeal, the license review board shall hold a meeting to hear the appeal. At that meeting, the board shall hear the administrator's report including a summary of the action being appealed, clarification by the other decision maker(s) involved, as needed, and the testimony of the appellant and any additional proponent(s) of the appeal. The board may take testimony and comments from the general public, and it may consider new information and facts in reaching its decision.
I. Decision Of The Appeal: The board shall render its decision at the meeting by majority vote of the members present, unless the matter is continued to a future meeting pending a request of the board for more information. The board may overturn the administrator on the basis of its findings, it may uphold the administrator, or if new information is presented that was not previously presented to the administrator, the board may return the matter to the administrator for new proceedings. The action of the board is the final administrative procedure within the city's process.
J. Findings Required To Overturn Or Modify The Decision Maker's Action: If the board overturns or modifies the action of the administrator, the board shall make findings substantiated in conformance with the requirements of procedures for the type of action being appealed. If the board upholds the appealed action, no additional findings are required, the board's action automatically affirms the previously adopted findings. The board may, upon upholding the administrator, add, clarify, or enhance findings based upon the facts of the appeal meeting. (Ord. 05-25 § 1, 2005: Ord. 02-62 § 1, 2002: Ord. 97-76 § 1, 1997)