(a) In general. An applicant for an ice cream truck vendor's license, or a vendor seeking renewal thereof, who has been denied a license by the director may appeal such denial as provided in subsection (b).
(b) Appeal requirements. The director shall provide written notice of denial or nonrenewal to the applicant or vendor stating the grounds thereof and the procedures to appeal the decision. The notice may be personally served or mailed, return receipt requested, to the address provided on the application. The applicant for a license, or a vendor seeking renewal thereof, may file an appeal of the director's decision in Tucson City Court, but such appeal must be filed within fifteen (15) days of receipt of the notice or from the date the notice is returned to the director as undeliverable. A hearing shall be scheduled upon receipt of the filing of the appeal before a magistrate or special limited magistrate.
(c) Hearing. At the conclusion of the hearing, if the magistrate or special limited magistrate finds that the grounds for the denial or nonrenewal have been established by a preponderance of the evidence, the magistrate shall uphold the director's decision. Either the city or the applicant or vendor may appeal the ruling to the Pima County Superior Court in accordance with the Superior Court Rules of Appellate Procedure-Civil. If the director's decision is upheld and the vendor or applicant appeals to the Superior Court, such person may not operate unless and until such time as the court orders the license issued or otherwise authorizes the person to operate.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)