(A) The Director shall notify the applicant or licensee of any denial of a license application, whether for a new license or renewal, in writing by personal service or by mailing a copy of the notice by certified mail, return receipt requested, at the address noted in the application describing all reasons why any license application or renewal of a license has been denied. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time, date, and manner by which service was made. The notice shall inform the applicant of the right to appeal as described herein.
(B) The applicant shall have the right to a hearing with the City Council by filing a written notice of appeal with the City Clerk within ten (10) days of receiving the written notice that the application has been denied. The hearing before the City Council shall be held within ten (10) days of the filing of the notice of appeal.
(C) The applicant shall have the right to counsel, to present evidence and cross-examine witnesses. The Director or his/her designee shall have the burden of proof at the hearing.
(D) The City Council shall render a decision in writing within five (5) days of hearing the appeal. The City Council may uphold the decision, reverse the decision, and grant the permit, or remand the matter to the Director for further review and action. The Director shall complete further review within five (5) business days of receiving the remand.
(E) The applicant shall have the right to seek prompt judicial review of the City Council's decision in any court of competent jurisdiction as provided by law. The action shall be promptly reviewed by the Court.
(Ord. 99-19, passed 12-6-99)