(a) If the Issuing Officer denies a new or renewal license other than an Entertainment Establishment License, the Issuing Officer shall give the applicant notice of the denial stating each finding the Issuing Officer relied upon for the denial and advising the applicant of the following appeal rights:
(1) The right to a hearing before the Issuing Officer to contest the denial, if within 21 days after the date of the notice the applicant makes a written request for a hearing to the Issuing Officer.
(2) At the hearing the applicant may present evidence and be represented by legal counsel.
(3) If the applicant fails to request a hearing within 21 days of the date of the notice the applicant waives all rights to contest the denial.
(4) If after the hearing before the Issuing Officer the hearing officer does not overturn the denial, the applicant has the right to appeal the Issuing Officer's decision to the Appellate Hearing Board, but only if the applicant appears at and completes the hearing before the Issuing Officer.
(b) If the Issuing Officer denies an Entertainment Establishment License the Issuing Officer shall give the applicant notice that states the decision is final and the applicant is entitled to prompt judicial review by a court of competent jurisdiction. The County hereby designates the denial of an Entertainment Establishment License under this section to be eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8. If the applicant files an action for Administrative Mandamus under section 1094.8 to challenge the Issuing Officer's denial of the license, the Issuing Officer shall immediately issue the applicant a provisional license. The provisional license shall allow the applicant to engage in the activity and will expire upon the court's entry of a judgment on the applicant's appeal or other action to challenge the Issuing Officer's denial of the license. If the Issuing Officer determines that issuing a provisional license would threaten the health or safety of the public while judicial review is pending, the Issuing Officer shall not issue a provisional license.
(Amended by Ord. No. 5290 (N.S.), effective 11-30-78; amended by Ord. No. 6879 (N.S.), effective 1-17-85; amended by Ord. No. 7912 (N.S.), effective 6-27-91; amended by Ord. No. 8244 (N.S.), effective 6-17-93; amended by Ord. No. 9479 (N.S.), effective 7-19-02; amended by Ord. No. 9889 (N.S.), effective 10-26-07)