(A) The Director shall notify the licensee of any suspension or revocation of a license by personal service or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the licensee at the licensee's address noted in the application. 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 the manner by which service was made.
(B) Any notice of suspension or revocation shall advise the applicant that the suspension or revocation shall be effective in ten (10) days unless an appeal is taken as described herein. The filing of an appeal stays the action until a final decision is made by the City Council.
(C) The licensee 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 notice of suspension or revocation. Any notice of appeal filed under this section shall be in writing and shall briefly state the relief requested.
(D) The licensee 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.
(E) The City Council shall render a decision in writing within five (5) days of hearing the appeal. The City Council may affirm the suspension or revocation, reverse the suspension or revocation, or remand the matter back to the Director for further action and review. Any further review under an order of remand shall be completed within five (5) business days of receiving the remand.
(F) The licensee shall have the right to seek prompt judicial review of the City Council's action 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)