(A) If the Chief of Police denies the issuance of a permit, or suspends a permit, he or she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his or her action setting forth the reason for such action and advising the applicant or permit holder of the right to an appeal. The applicant or permit holder may appeal the decision of the Chief of Police to the Municipal Court of the city by filing with the court a written request for a hearing, setting forth his or her objections to the action of the Chief of Police, within ten days after receipt of the notice from the Chief of Police. The filing of a request for an appeal hearing with the Municipal Court shall stay the action of the Chief of Police in denying the issuance of or suspending a permit until a final decision on the appeal is made by the Municipal Court. If a request for an appeal hearing is not made within the ten day limit, the action of the Chief of Police is final.
(B) The Judge of the Municipal Court shall preside at any administrative hearing conducted under the provisions of this section and shall consider evidence offered by any interested person. The formal rules of evidence shall not apply at such hearing. The Judge of the Municipal Court shall make his or her decision on the basis of a preponderance of the evidence presented and matters officially noticed at the hearing. The Judge of the Municipal Court shall render a written decision setting forth findings of fact and conclusions of law within 30 days after the request for an appeal hearing is filed. Such decision shall affirm, reverse, or modify the action of the Chief of Police and his or her decision is final.
(Ord. 806, passed 11-17-97)