A. If the city manager denies a cannabis business permit or renewal thereof after the application is accepted as complete, written notice of denial shall be served on the applicant. The notice must contain:
1. A brief statement of the grounds for the denial.
2. A statement that the applicant may request reconsideration of the denial, in writing to the city manager, within 10 days of the date of service of the notice.
3. A statement that the failure to timely request reconsideration of the denial will constitute a waiver of all rights to reconsideration, and the denial will be final.
B. If the applicant properly files a request for reconsideration the city manager shall set the date of a hearing within 30 days from the date the request is filed. The hearing shall be conducted by the city manager.
C. Failure to properly file a written request for reconsideration of the notice of denial within 10 days of the date of service of the notice constitutes a waiver of all rights to a hearing, and the city manager's decision will be final. Failure to properly and timely file a request for reconsideration of the notice of denial also constitutes a failure to exhaust administrative remedies and is a bar to any judicial action pertaining to the city manager's decision.
D. If the applicant files a proper request for reconsideration and then fails to appear at the hearing, the request for reconsideration is abandoned, and the decision of the city manager is final and may not be further appealed. Failure to appear at the hearing constitutes a waiver of all rights to a hearing and also constitutes a failure to exhaust administrative remedies and is a bar to any judicial action pertaining to the city manager's decision.
E. Written notice of the decision of the city manager shall be served on the applicant within 10 days following the hearing.
F. The decision of the city manager under this section is subject to appeal in accordance with section 5.150.290. (Ord. 2022-0006 § 11; Ord. 2017-0046 § 1)