(a) All license application denial, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, refuse to renew, suspend or revoke a license shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal application, or after suspension or revocation of any license, the applicant or licensee may appeal in writing to the Salem City Council. Any such appeal must be filed, in writing, with the Council Clerk within ten (10) days from the date of the mailing of the decision appealed from and shall specify, in detail, the basis for the appeal. Failure or refusal to file said appeal or specify the basis of said appeal shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. If any appeal is timely filed, the Salem City Council will then hold a public hearing within twenty (20) days from the date the appeal is filed and will render a written decision within ten (10) days from the date such hearing concludes. In the case of denial of a license or license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent and in the same manner as immediately prior to the suspension or revocation until the earlier of: (1) the expiration of the ten (10) day appeal period without filing of an appeal; or (2) the date of a final decision dismissing any appeal.
(b) Any person aggrieved by a decision of the Salem City Council may appeal to a court of competent jurisdiction. The City shall, upon filing of such appeal, consent to any request by a license applicant or licensee to the court to give expedited review of such appeal. The City shall certify any record to the court within twenty (20) days after the appeal is filed. In the case of a denial of a license or license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent and in the same manner as immediately prior to the suspension or revocation until the earlier of:
(1) The expiration of the thirty (30) day appeal period without filing an appeal; or
(2) The date of a decision dismissing an appeal by a court of competent jurisdiction.
(Ord. 202019-15. Passed 2-20-02.)
(Ord. 202019-15. Passed 2-20-02.)