(A) The licensee may appeal the decision to revoke or suspend by filing a written Notice of Appeal with the City Administrator not later than 14 calendar days after service of the Notice of Decision to Revoke or Suspend Card Room Permit.
(B) The Notice of Appeal shall set forth all of the specific grounds of appeal and shall admit or deny each determination in the Notice of Decision.
(C) If the permittee fails to file a Notice of Appeal to the City Administrator within 14 calendar days or withdraws said Notice subsequent to filing it, the suspension or revocation shall become final and take effect immediately.
(D) Any allegation in the Notice of Decision which is not specifically denied in the permittee's Notice of Appeal shall be deemed admitted.
(E) For purposes of this section, the Notice of Appeal is considered filed upon receipt by the City Administrator.
(F) Appointment Of Administrative Hearing Officer. Hearings to appeal a Notice of Decision shall be conducted by an Administrative Hearing Officer selected by the City Administrator.
(1) The Administrative Hearing Officer shall be:
(a) A State of California administrative law judge;
(b) A retired judge of the state of California; or
(c) A hearing officer employed as such by the city.
(G) Time Of Appeal Hearing. Where a Notice of Appeal has been filed, an Appeal Hearing shall be conducted as soon as reasonably possible.
(H) Notice Of Appeal Hearing. The City Administrator shall provide the permittee with written notice of the time, date and place of the Appeal Hearing and the name of the Administrative Hearing Officer not less than ten working days prior to the date of the hearing.
(I) Conduct Of The Hearing. The Appeal Hearing shall be conducted by an Administrative Hearing Officer appointed pursuant to division (F) of this section. The Appeal Hearing shall be conducted in accordance with the following procedure:
(1) Oral evidence shall be taken only on oath or affirmation.
(2) Both the city and the licensee shall have the right to call and examine witnesses; to introduce exhibits; and to rebut the evidence against any witness.
(3) Technical rules relating to evidence and witnesses shall not apply. Reliable hearsay evidence and any and all other evidence which the Administrative Hearing Officer deems relevant and not unduly repetitious may be admitted and considered.
(4) The Appeal Hearing shall be de novo. The Hearing Officer shall base his or her decision on the factors set forth in § 6-3.13.
(5) In cases where the decision of the Police Chief to revoke or suspend is based upon a criminal conviction, the fact of whether or not there was a conviction shall not be an issue for decision by the Administrative Hearing Officer. The facts underlying a criminal conviction shall be deemed to have been proven and shall not be subject to dispute at the Appeal Hearing.
(J) Subpoena Authority. The Administrative Hearing Officer shall have the power to issue subpoenas and require the attendance of witnesses, and the production of books, papers, and any other evidence relevant to the Appeal Hearing.
(K) Record Of Administrative Hearing. A record of the Appeal Hearing consisting of a tape recording of all oral evidence, arguments and rulings, along with all exhibits offered and/or admitted into evidence and the written decision of the Administrative Hearing officer shall be made by the Administrative Hearing officer and shall be maintained by him or her until all administrative and judicial appeals on a Notice of Decision have been concluded.
(L) Representation For Licensee And City. The licensee is entitled to be represented at the Appeal Hearing by legal counsel or by any other person of the licensee's choosing. The city is entitled to be represented at the Appeal Hearing by the City Attorney or other legal counsel.
(M) Failure To Appear. Failure of the licensee or the licensee's representative to appear at the Appeal Hearing shall be deemed a withdrawal of the licensee's Notice of Appeal and the Decision of the Police Chief shall become final and take effect immediately. Within ten calendar days after the effective date of such Decision, such licensee may file with the Administrative Hearing Officer a written request for relief from its failure to appear. After review of such request and of any rebuttal offered by city, the Administrative Hearing Officer may reinstate the appeal and set a new date for the Appeal Hearing on finding there is good cause for the failure to appear.
(N) Appeal Hearing Determination. The Administrative Hearing Officer shall within 30 working days of the close of the hearing, submit to the City Administrators the City Attorney and the licensee a written statement of decision, together with written findings of fact upon which such decision is based.
(O) Decision Final. The decision of the Administrative Hearing Officer shall be final.
(P) The decision of the Administrative Hearing Officer shall be deemed an adjudicatory decision and the provisions of Section 1094.6 of the California Code of Civil Procedure shall be applicable.
(Q) A challenge to an Administrative Hearing Officer's decision may be sought by either the city or the licensee pursuant to California Code of Civil Procedure Section 1094.6.
(R) Cost Of Appeal Hearing. The cost of the Appeal Hearing, including but not limited to the charge for the cost of the services of an Administrative Hearing Officer, the cost of creating the record of the Appeal Hearing, and the cost of subpoena service on all witnesses called by the licensee, shall be borne by the licensee.
(1) A deposit of estimated costs, as determined by the City Administrator, shall be required from the licensee prior to the Appeal Hearing. Failure to provide the deposit shall be deemed a waiver of the appeal.
(2) The licensee shall be presented with a bill itemizing the costs to be paid after the Administrative Hearing Officer issues his or her decision. Any part of the deposit not expended shall be returned to the licensee within 30 days of the decision. Any amounts due in excess of the amount deposited shall be paid by the licensee within 30 days. The fee for the Appeal Hearing shall be considered to be a civil debt of the licensee which is due and payable at the time of presentation of the bill to the licensee after the hearing.
(S) New Application Upon Revocation. In the event of revocation, such licensee shall not be entitled to apply for a new permit.
(Ord. 684 C.S., passed 6-3-98)