(a) Any persons aggrieved by the denial of an application for a license or by the suspension or revocation of a license as provided by this chapter, shall have a right to redetermination and an appeal. Such a redetermination may be taken only within fourteen days after notice of such a denial, suspension, or revocation is mailed to the person's last known address. The redetermination shall be in writing and shall contain a complete statement of the grounds for appeal. It must be filed with the City Clerk, together with an appeal fee. The fee for an appeal and/or redetermination under this section shall be those fees which the City Council has approved.
(b) Within ten days of the receipt by the Chief of Police or Mayor of such an appeal, the Chief of Police or Mayor shall schedule a redetermination hearing. Unless waived by the appellant, the Chief of Police or Mayor shall mail by first class mail a written notice to the appellant of the time and location of the redetermination hearing at least five days prior to that hearing. The redetermination hearing shall be an informal hearing held before a hearing panel consisting of:
(1) The Mayor or Chief of Police or designee;
(2) The affected department head or designee; and
(3) Law counsel or designee.
(c) The redetermination or decision of the hearing panel shall be reached by majority vote and mailed to the appellant within seven days of the conclusion of the hearing. The redetermination shall include:
(1) The appeal application and the type and nature of the appeal;
(2) The applicant's position;
(3) The original reason for denial of the license or permit;
(4) The facts as the hearing panel determined them to be;
(5) The decision or redetermination of the hearing panel;
(6) The hearing panel's rationale or basis for the redetermination; and
(7) The date which the redetermination was placed in a United States mail receptacle by the Chief of Police or Mayor.
(d) The redetermination referred to above shall be final and binding, unless the appellant, within fourteen days of the mailing of such redetermination, files a request in writing addressed to the law counsel, requesting the City Council to rehear the redetermination findings. No appeal shall be made to the City Council, unless:
(1) A redetermination was made and timely appealed.
(2) A redetermination hearing has been waived by the appellant and the redetermination hearing panel.
(3) A redetermination as not made due solely to the fault of the City.
(e) The appeal to the City Council shall be a two-step process limited to the issues raised in the redetermination as follows:
(1) Within fourteen days of receipt of an appeal of a redetermination, the City Council President shall set up a prehearing conference with the Chair of the Ways and Means Committee. At the prehearing conference the following matters shall be determined:
A. The rules of the hearing;
B. The date of the hearing;
C. The issues which may be raised from the redetermination;
D. The likelihood of settlement; and
E. Any other pertinent matters.
(2) A hearing before the City Council.
(f) The dental, suspension, or revocation shall be effective during such appeal or until the Council shall reverse the administrative decision. The Commission may confirm the denial, suspension, or revocation, or provide the revocation instead of suspension, or may reinstate or order the issuance of the license. The action of the Council shall be final.
(Ord. 954. Passed 8-15-12.)