(A) If the city determines that it may not issue a permit to the applicant under the provisions of this chapter, without specific authorization from the City Council or under the provisions of § 110.61 relating to incomplete applications or applications not accompanied by the required fee, the city shall notify the applicant by hand delivery or by certified mail of the city's intention to deny the permit within 15 days after making such determination. Such notice shall include a copy of this subchapter and the reason(s) for the denial of the permit. The applicant shall have the right to appeal the city's determination to deny the permit to the City Council by filing with the City Clerk a notice of appeal within ten days of receipt by applicant of notice of intent to deny. If an applicant appeals a determination by the city to deny a permit based upon failure to submit a properly completed application or for failure to submit the required fee, the City Council, within 15 days of such appeal, shall hold a hearing to determine whether such application is sufficiently complete to comply with the requirements of § 110.61 and/or the required fee was submitted with such application. If the City Council determines that such application is sufficiently complete to comply with the requirements of § 110.61, and the required fee was submitted therewith, City Council shall direct the city to process such application. If the City Council determines that the application is not sufficiently complete to comply with the requirements of § 110.61, or that the required fee was not submitted therewith, the City Council shall direct the city to issue a notice of final denial of the application for permit. Provided however, if the City Council finds that the defects in the application or the failure to pay the required fee were the result of excusable neglect or inadvertence on the part of the applicant, the City Council may grant the applicant a specific time period, not to exceed 20 days, within which to submit a properly completed application and/or submit the required fee.
(B) If an applicant appeals a determination by the city to deny a permit or renewal of a permit based upon any grounds other than an incomplete application or failure to submit the required fee, the City Council, within 15 days of such appeal, shall hold a hearing to determine whether issuance or renewal of the permit would be detrimental to the public health, safety or welfare. In determining whether issuance or renewal of the permit would be detrimental to public health, safety or welfare, the City Council shall consider whether the factor(s) which caused the city to not issue a permit without specific authorization from the City Council are related to the bingo operation or involvement by the Applicant or any interested party thereof in bingo games and if such factor(s) evidence a disregard for the health, safety or welfare of such applicant's or permittee's patrons, charities or employees, or of persons residing or doing business nearby, or a disregard for or violation of the financial constraints of this subchapter or of state law by either the charity or the for-profit bingo organization. If the City Council determines that a factor that caused the city to not issue a permit without specific authorization from the City Council is related to the use, operation or involvement by the applicant or an interested party thereof in the bingo hall for which a permit application is made or the use or operation by the applicant or an interested party thereof in any other bingo hall and that such factor evidences a disregard for the health, safety or welfare of such bingo hall's patrons, charities or employees or of persons residing or doing business nearby, or a disregard for or violation of the financial constraints of this subchapter or of state law by either the charity or the for-profit bingo organization, the City Council shall direct the city to issue a notice of final denial of such application for permit or renewal of permit. In the event an application or renewal is finally denied, Applicant shall have the right to appeal such denial to the court in the county, having jurisdiction of such matters as provided by the laws of the state. If the City Council determines that none of the factors that caused the city to refuse to issue a permit or renewal without specific authorization from the City Council is related both to the use, operation or involvement, by the applicant or an interested party thereof, of the bingo hall for which a permit application is made or the use or operation by the applicant or an interested party thereof of any other establishment and that such factor does not evidence a disregard for the health, safety or welfare of such bingo hall's patrons or employees, or persons residing or doing business nearby, or a disregard for or violation of the financial constraints of this subchapter or of state law by either the charity or the for-profit bingo organization, the City Council shall direct the city to issue a permit to such applicant forthwith.
(Ord. 96-09, passed 2-15-96)