A. Adult-related Establishment Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of a permit for an adult-related establishment may within ten (10) days after the date of mailing of the decision to the applicant, appeal to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within ten (10) days, the decision of the city manager shall be final.
Such appeal shall be set for hearing by the council at a date not later than thirty (30) days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least ten (10) days prior to the date set for the hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.
B. Escort Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of any escort permit may, within 10 days after the date of mailing of the decision to the applicant, appeal such decision to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within 10 days, the decision of the city manager shall be final.
Such appeal shall be set for hearing by the council at a date not later than 30 days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least 10 days prior to the date set for hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.
C. Appointment of Hearing Examiner. The city council may employ the procedure specified in Section 1.24.050 et seq. of this code for the appointment of a hearing officer to hear and decide the appeal. The hearing officer's decision shall have the effect specified in Section 1.24.090 of this code, and judicial review shall be governed by Section 1.24.110 of this code. (Ord. 2021-0016 § 9; Ord. 2001-040 § 8; prior code § 28.06.070)