A. Except as otherwise provided in this chapter, any applicant or cannabis business aggrieved by the decision of the city manager in conditioning, denying, suspending, revoking, modifying, or not renewing a cannabis business permit may appeal the decision by filing a written appeal, accompanied by a nonrefundable appeal fee, with the city manager's office within 20 calendar days of the personal service of or 25 calendar days of the mailed service of the decision from the city manager. The written appeal shall contain:
1. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
3. An address at which the appellant agrees notice of any additional proceeding or an order relating to the decision on the permit may be received by first class mail; and
4. The verification (by declaration under penalty of perjury) of the applicant or cannabis business as to the truth of the matters stated in the appeal.
B. The appeal hearing shall be conducted by a hearing examiner appointed by the city council.
C. Upon receipt of any appeal filed pursuant to this section, the city manager shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing no sooner than 20 days after the notice of appeal is filed.
D. The hearing examiner shall provide written notice of the time and place of the hearing at least 15 days prior to the date of the hearing to each appellant by mailing a copy addressed to the appellant at the address shown on the appeal.
E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and the city manager's decision shall be final.
F. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
G. Any condition, denial, suspension, revocation, or nonrenewal of a cannabis business permit shall be stayed during the pendency of an appeal which is properly and timely filed pursuant to this section. (Ord. 2020-0004 § 10; Ord. 2017-0046 § 1)5.150.290