A. Appeal to the Planning and Design Commission.
1. The decision of the chief of police whether to approve or deny the application for a letter of public convenience or necessity or to impose additional conditions pursuant to Section 5.08.100(B) of this chapter shall be appealable to the planning and design commission by the applicant, an owner of property in the city, or any resident of the city. At any proceeding before the planning and design commission, the applicant shall have the burden of demonstrating the public convenience or necessity is served by issuance of a license, and that issuance of the license does not pose any threat to the health, safety or welfare of the community in which the license would be located. The planning and design commission shall consider the factors set forth in Section 5.08.060(A)(2) of this chapter, and make findings as to those factors in rendering its decision.
2. The request for an appeal of the decision of the chief of police shall be made in writing and delivered to the planning and development department within fifteen (15) days of the date of mailing the decision of the chief of police. Any request for an appeal to the planning and design commission must be accompanied by a nonrefundable appeal fee to be set by resolution of the city council. The appeal request shall be denied if the request is not made in a timely manner and accompanied by the appeal fee.
3. The hearing before the planning and design commission on the denial or approval of the application shall be held within sixty (60) days of the denial or approval of the application by the chief of police. The planning and design commission shall issue a written decision affirming or reversing the decision of the chief of police to deny the application.
4. No letter of public convenience or necessity shall be issued if a timely appeal to the planning and design commission decision has been requested.
5. The decision of the planning and design commission is final and nonappealable. The decision shall be in the form of a resolution containing findings of fact related to public convenience or necessity.
6. If the planning and design commission votes to approve the issuance of a letter of public convenience or necessity, it may do so conditioned on the applicant agreeing to comply with additional reasonable conditions pertaining to the operation of the business. Any additional reasonable conditions may be imposed if warranted to promote the health, safety or welfare of the community in which the proposed license is to be located. If the planning and design commission votes to approve a letter of public convenience or necessity with additional conditions, then such conditions shall be set forth in the letter.
7. The decision of the planning and design commission shall be served upon the applicant by first-class mail within five business days of issuance of its written decision. A copy of the decision shall be provided, within five business days of issuance of the decision, to the mayor and to the councilmember in whose district the proposed license would be located.
8. No letter of public convenience or necessity shall be issued until twenty (20) days following service of the decision of the planning and design commission. (Ord. 2012-004 § 20; prior code § 30.05.135)