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All licensees or applicants for a license hereunder shall have the right to appeal a denial of their licenses or other action taken by the City under this title, except for suspensions or revocations of licenses, by filing a written appeal with the City License Administrator within sixty (60) calendar days from the date of the denial or action taken by City. All complaints not presented to the City License Administrator prior to the established deadline shall not be considered.
A. License Hearing Officers: The Mayor, on January 15 of each year, shall prepare and appoint a list of five (5) license hearing officers for the purpose of hearing appeals pursuant to this section and revocation and suspension hearings pursuant to section 5.04.090 of this chapter. For each appeal or revocation or suspension hearing that requires a hearing officer, the City License Administrator shall select, on a random basis, from the list one (1) hearing officer to hear a specific appeal or a revocation or suspension complaint. If the selected hearing officer is unable to hear the matter within the time constraints provided herein, another hearing officer on the list shall be randomly selected. Following appointment to the list, hearing officers are required to know and understand this title.
B. Hearing Procedure: On the filing of a written appeal under this section, the City License Administrator shall schedule a date and time of the hearing before a hearing officer selected from the list provided in subsection A of this section and notify the aggrieved licensee or applicant, by certified mail or personal service, of the hearing date and time within seven (7) calendar days, excluding legal holidays, from the date the written appeal was filed with the City License Administrator. The hearing shall be held within fifteen (15) calendar days after the City License Administrator receives the written appeal. The hearing officer shall receive evidence and testimony relevant to the appeal. The hearing shall be held in accordance with the rules of administrative procedure.
C. Recommendations By The Hearing Officer: Within seven (7) calendar days after the conclusion of a hearing in subsection B of this section, the appointed hearing officer shall prepare and submit written findings of fact and recommendation(s) to the Mayor.
D. Mayor's Action: Within ten (10) calendar days of receiving the hearing officer's findings of fact and recommendations, the Mayor shall issue an order, file the order with the City License Administrator, and notify the aggrieved licensee or applicant of the order by certified mail or personal service.
E. Time Requirements: Any time requirements provided herein may be extended by written stipulation of the City License Administrator and the aggrieved licensee or applicant.
F. Appeal To District Court: Any licensee or applicant aggrieved by an order entered by the Mayor pursuant to this section may maintain an action for relief therefrom in any court of competent jurisdiction; provided the action for such relief is filed with the court within thirty (30) calendar days after the Mayor's order is received by licensee or applicant. (Ord. 17-18)