The purpose of this section is to provide uniform appellate procedures for business license actions of the county, including application denial, conditional approval of the license, and license denial, nonrenewal, revocation, or suspension.
A. Exceptions: Exceptions to the use of the appeal process in this section will occur if an appeal process is detailed otherwise for a special license within the applicable ordinance.
B. Filing Appeals:
1. All appeals of administrative decisions by the business license administrator or the LRB shall be filed in writing with the business license administrator in the business license office of the county within fifteen (15) calendar days of the action being appealed. An appeal application not filed in the above specified location shall not constitute a filing for purposes of meeting the fifteen (15) calendar day limit. The written appeal shall contain:
a. The date of the action being appealed;
b. The agency taking the action;
c. The basis for the appeal and the relief requested;
d. Any documentation on which the appellant relies in making the appeal.
2. Appeals from the decision of the county manager shall be filed with district court in conformance with the requirements of state law and court procedures. Nothing in this chapter is intended to imply changes to create other procedures for, or otherwise override standard procedures and time lines of, the district court.
C. License Review Board:
1. Purpose: There is hereby created a license review board ("LRB") for the purpose of hearing all appeals from the administrative denial or revocation of a business license or any other administrative action regarding a business license.
2. Board Composition: The LRB shall consist of at least five (5) and no more than seven (7) members and may be comprised of representatives from the health department, sheriff's office, the community development department, the fire department(s), and/or other representatives as deemed appropriate by the county manager.
3. Board Quorum: A quorum shall be comprised of a least three (3) members of the board if comprised of five (5) members and at least four (4) members if comprised of seven (7) members.
4. Split Vote: Should a split vote occur due to an even number of members present, the decision being appealed will stand.
D. Standing To File An Appeal: The licensee, applicant, proponent, or any affected party may file an appeal of a decision by the administrator. In the case of death or health related disability of the applicant, rendering that individual unable to request or participate in the appeal process, the applicant's designee may proceed on behalf of the applicant.
E. Contents Of The Request For An Appeal: At a minimum, the request for an appeal shall be filed in writing and include the name of the person filing the appeal, mailing address, and phone number; the business name and identification number assigned by the administrator in the appeal process notification, the date of the action notice, appeal application fee, if applicable, and the specific issues being appealed.
1. If the application was denied or the license was suspended, revoked or not renewed, the request for appeal shall specify the findings used by the administrator or other decision maker(s) that have generated the appeal request;
2. An incomplete application for an appeal shall not be accepted. Submitting an incomplete application shall not waive, defer, or delay the fifteen (15) calendar day appeal deadline.
F. Staff Report Required: The administrator rendering the decision being appealed shall provide the board and appellant with a written report or memorandum explaining the basis of the decision or interpretation.
G. Appeal Hearing: Not less than fourteen (14) calendar days nor more than thirty (30) calendar days following the receipt of the application for appeal, the LRB shall conduct an evidentiary hearing to hear the appeal. At that hearing, the LRB shall hear the administrator's report including a summary of the action being appealed, clarification by the other decision maker(s) involved, as needed, and the testimony of the appellant and any additional proponent(s) of the appeal.
H. Conflict Of Interest: Should any of the witnesses involved in the decision to revoke the license be from the same department as a member of the LRB, that member of the LRB shall recuse themselves from the hearing and shall not participate, discuss or otherwise influence the decision of the LRB.
I. Decision Of The Appeal: After the hearing, the board shall render its decision in open meeting, by majority vote of the members present. If the LRB requires further information or legal advice, the hearing may be continued to a future date certain to be set at the time of continuance. The LRB may overturn the administrator on the basis of its findings, it may uphold the administrator, or if new information is presented that was not previously presented to the administrator, the board may return the matter to the administrator for new proceedings. With the exception of subsection K of this section, the action of the license review board is the final administrative procedure within the county's process.
J. Findings Required To Overturn Or Modify The Decision Maker's Action: If the LRB overturns or modifies the action of the administrator, the board shall make findings substantiated in conformance with the requirements of procedures for the type of action being appealed. If the board upholds the appealed action, no additional findings are required, the board's action automatically affirms the previously adopted finding. The board may, upon upholding the administrator, add, clarify, or enhance findings based upon the facts of the appeal meeting.
K. Appeal Of LRB Revocation: In the event a business license is revoked pursuant to a decision of the LRB as outlined in subsection 3-1-8C of this chapter and not as an administrative act of the business license administrator or other county staff, the affected licensee may appeal to the county manager of Summit County by submitting an appeal in writing with the business license administrator in the business license office of the county within fifteen (15) calendar days of the LRB revocation being appealed. An appeal application not filed in the above specified location shall not constitute a filing for purposes of meeting the fifteen (15) calendar day limit. Upon receipt of an appeal, the county manager shall hear the appeal of the LRB revocation within thirty (30) calendar days and shall review the decision of the LRB only to determine the correctness of a decision of the LRB in its interpretation and application of this chapter. This subsection shall not be applicable to appeal an administrative appeal decision of the LRB, only to appeal the revocation decision of the LRB under subsection 3-1-8C of this chapter and once exhausted shall be deemed the final administrative decision within the county's process. (Ord. 806, 6-12-2013)