If the Town Manager or designee denies the issuance or renewal of a permit, or suspends or revokes a permit, the Town Manager or the Town Manger's designee shall send the applicant or permittee, by certified mail return receipt requested, written notice of the action, the right to an appeal, how an appeal maybe initiated, and the time within which the appeal must be initiated. The aggrieved applicant or permittee may appeal the decision of the Town Manager to the Town Commission in accordance with the following procedures. The filing of an appeal stays the action of the Town Manager, or said manager's designee, in suspending or revoking the permit until the Town Commission makes a final decision on the appeal.
(a) The aggrieved party may, not later than ten calendar days after receiving notice of the denial, file with the Town Clerk a written request for a hearing before the Town Commission. Such request shall constitute a notice of appeal.
(b) If a written request is filed under division (a) hereof with the Town Clerk within the ten day limit, the Town Commission shall consider the request. The Town Clerk shall set a date for the hearing within 30 days from the date the written request is filed with the Clerk.
(c) The Town Commission shall hear and consider evidence offered by any interested person to determine whether the Town Manager, or said manager's designee, properly denied issuance or renewal of the permit, or properly suspended or revoked the permit in accordance with the provisions of this Article. During such hearing, the formal rules of evidence shall not apply.
(d) By a proper vote, the Town Commission shall either affirm or reverse the Town Manager's actions concerning the permit or application, in accordance with the provisions of this Article. Any dispute of fact must be decided on the basis of a preponderance of the evidence. The decision of the Town Commission is final.
(e) If the Town Commission affirms the Town Manager's denial or suspension or revocation, the aggrieved party may not reapply for a rave club permit until at least 12 months have elapsed since the date of the Town Commission's action.
(Ord. 2002-02, passed 4-17-02)