(A) Review by appointed hearing officer or body; administrative hearing and proceedings.
(1) Appellants who file a timely written notice of appeal will be entitled to an administrative hearing before a hearing officer or body as set forth in the City Council Procedures and Guidelines Resolution.
(2) Upon receipt by the City Clerk of a timely-filed notice of appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the hearing officer who shall schedule a hearing within 30 days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant then the City Clerk shall schedule the appeal to be heard by the City Council within 45 days or as reasonably possible at the next scheduled City Council meeting proceeding the deadline from receiving the appeal.
(3) The appellant(s) listed on the written notice of appeal shall be notified in writing of the date, time, and location of the hearing at least ten days before the date of the hearing ("notice of appeal hearing").
(4) A request by an appellant or by the city to continue a hearing must be submitted to the City Clerk in writing no later than three business days before the date scheduled for the hearing. The City Council, or appointed hearing officer, may continue a hearing for good cause or on its own motion; however, in no event may the hearing be continued for more than 30 calendar days, unless there is a stipulation by all parties to do so.
(B) At the date, time and location set forth in the notice of appeal hearing, the City Council or an appointed hearing officer shall hear and consider the testimony of the appellant(s), city staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration.
(C) The following rules shall apply at the appeal hearing:
(1) Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
(2) The city bears the burden of proof to establish the grounds for non-renewal, suspension or revocation by a preponderance of evidence. Appellant(s) bear the burden of proof regarding denial of an applicant's application.
(3) The issuance of the City Manager's notice constitutes prima facie evidence of grounds for the denial, non-renewal, suspension or revocation.
(4) The hearing officer or body may accept and consider late evidence not submitted initially with the notice of appeal upon a showing by the appellant of good cause. The hearing officer or body shall determine whether a particular fact or facts amount to good cause on a case-by-case basis.
(5) The appellant may bring a language interpreter to the hearing at their sole expense.
(6) The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the city that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(D) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council, or the appointed hearing officer or body, may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the notice of appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the City Manager's notice of decision is final and binding.
(E) Final decision. Following the conclusion of the administrative hearing officer or body shall issue a written decision within 20 days which: (i) determines if the action appealed from is affirmed or overturned; and (ii) specifies the reasons for the decision.
(F) The written decision of the hearing officer or body shall provide that it is final and conclusive and is subject to the time limits set forth in Cal. Code of Civil Procedure § 1094.6 for judicial review.
(G) A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the city pursuant to this chapter.
(Ord. 977 C.S., passed 6-16-21)