(A) When the Director of Public Safety is authorized to deny the issuance of a license, or suspend or revoke a license under this chapter, the Director of Public Safety shall give written notice to the applicant or licensee of such intention.
(1) The notice shall provide that the denial of issuance, suspension or revocation shall take effect at the expiration of the tenth calendar day after notification, unless the licensee provides a written response to the Director of Public Safety before the expiration of the tenth calendar day.
(2) If a written response from the applicant or licensee is received by the Director of Public Safety before the expiration of the tenth calendar day, the denial of issuance, suspension or revocation will be stayed pending a decision by the Director of Public Safety. The Director of Public Safety shall review the response before the rendering of a decision.
(3) The Director of Public Safety shall give written notice of this decision to the applicant or licensee within ten calendar days of receipt of the written response from the applicant or licensee.
(4) The decision by the Director of Public Safety is effective immediately and final pending any appeal to an appropriate court.
(5) Notice shall be deemed delivered by hand delivery to a licensee, owner or employee of the establishment or by a posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. The notice shall be mailed to the address listed in the license application for receipt of notice.
(B) Upon receipt of written notice of the denial of issuance, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court.
(C) An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the Director of Public Safety.
(D) The licensee or applicant shall bear the burden of proof in court.
('78 Code, § 2.5-38) (Ord. 969, passed 8-9-93; Am. Ord. 1597, passed 10-23-06) Penalty, see § 112.99