(a) All persons aggrieved by an order of the Director or License Section denying the issuance or renewal of a permit or revoking or suspending a permit who wish to appeal such order, may appeal such order to the Board of Licensing Appeals and shall do so pursuant to the provisions of this Chapter.
(b) All appeals shall be perfected in the following manner:
(1) The appellant must file a written notice of appeal to the License Section on a form approved by the Board of Licensing Appeals within twenty (20) calendar days after receipt of the order from which the appellant appeals.
(2) The appellant must deposit with the License Section a fee of thirty dollars ($30.00), which sum shall be refunded to the appellant only if the Board of Licensing Appeals renders a decision in appellant's favor. Otherwise, the deposit shall be forfeited and placed into the general fund of the City.
(3) Within five (5) days after receipt by the License Section of the notice of appeal, the License Section shall cause a true copy of the notice of appeal to be docketed with the chairperson of the Board of Licensing Appeals.
(4) Within twenty (20) days after receipt by the chairperson of the notice of appeal or, if a stay order is issued pursuant to Section 505.07 of the Codified Ordinances, then within sixty (60) days from the date of issuance of the stay order, the chairperson shall cause a meeting of the Board of Licensing Appeals to be convened for the purpose of hearing the appeal.
(5) In the event an expedited appeal is required pursuant to an emergency revocation or suspension cited under Section 777.08(a), the chairperson shall cause a meeting of the Board of Licensing Appeals to be convened for the purpose of hearing the appeal to conform with the time limits therein.
A. The burden is on the appellee to prove by clear and convincing evidence that an emergency existed which required immediate action on the part of the Director. Appellant has no burden to prove there was not an emergency.
(c) An appeal does not automatically operate as a stay of a revocation or suspension order by the Director or the License Section. If an appellant desires a stay of such order pending the outcome of the hearing, appellant must first apply in writing to the chairperson setting forth reasons for the stay. The chairperson may request the License Section to render, in writing, its views regarding the stay request. Within five (5) days after the receipt by the chairperson of the request for a stay, the chairperson shall render a decision on the request. If the chairperson determines that undue hardship to the appellant will result by not issuing a stay and no apparent harm will be caused to the citizens of the City by issuing a stay, a stay order, not to exceed sixty (60) days and pending the outcome of the hearing, will be granted.
(d) In addition to the general review standards for a stay described in Section 777.09(c), an action to revoke or suspend a hotel/motel permit may be stayed should the property owner/operator take specific steps to remediate problems outlined in the notice of revocation or suspension that include, but are not limited to, some of the following actions:
(1) Completion of approved safety and security training, and/or training to identify criminal activity such as human trafficking
(2) 24-hour presence of special duty uniformed police or qualified security
(3) Installation of safety and security measures such as fencing, lighting, public space surveillance, etc.
(4) Voluntary sharing of guest information with law enforcement
(5) Voluntary participation in right-of-entry programs with law enforcement agencies
(6) Implementation of minimum age of twenty-one (21) for check-in for lodging properties
(7) Requirement of use of valid credit card at check in
(8) And/or additional remediation actions as approved by the Director.
(Ord. 2022-75. Passed 9-12-22.)