(A) Appeals to City Council.
(1) Any denial of any type of business license may be appealed to the City Council. Any notice of revocation or suspension of a business license may be appealed to the City Council.
(2) An appeal must be filed within 15 days of the service of the denial of the business license or within 15 days of the date of service of a notice of revocation or suspension of a business license. An appeal must be filed with the City Clerk’s office.
(3) Failure of a person entitled to appeal under this chapter to timely file an appeal shall constitute a waiver of the right to a hearing of the denial and such person shall be stopped to deny the validity of the denial of the business license or revocation or suspension of a business license.
(4) The notice of appeal shall set forth, in writing, the person’s reasons for believing that the denial of the application was incorrect, or why the decision to revoke or suspend a business license was incorrect.
(5) The individual appealing shall accompany the written appeal with an appeal fee in an amount to be determined by the City Council and to be deposited in the General Fund of the city.
(6) In case of financial hardship, the fee may be suspended.
(Prior Code, § 3-1.15)
(B) Matters on appeal. Any person may appeal a denial of an application of any type of business license or the decision to revoke or suspend a business license. The issues on appeal are whether:
(1) The applicant and/or application was in conformity with the provisions of this chapter or any provisions of this code of ordinances that have been incorporated by reference; and
(2) The holder of a business license violated the provisions in this chapter or any other chapter of this code of ordinances that the holder of a business license must comply with, which is cause for revocation or suspension of the business license.
(Prior Code, § 3-1.16)
(C) Procedure on appeal.
(1) The City Council shall set a date for hearing on appeal within 30 days of the receipt of notice of appeal by the City Clerk. The notice to appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the City of Williams City Council at on the day of , 20 at the hour of upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. |
(2) A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the Council. The proceedings at the hearing may also be reported by a certified court reporter if requested by appellant and paid for by appellant. If the appellant retains the services of a court reporter, a copy of the transcript shall be made available to the city, if requested, upon payment of the court reporter’s fee for a copy of the transcript.
(3) The Council shall take testimony from all parties to the appeal. The City Council has the power to administer oaths and affirmations and to certify to official acts.
(4) Each party shall have these rights, among others:
(a) To call and examine witnesses on any matter relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which party first called the witness to testify;
(e) To rebut the evidence; and
(f) To be represented by anyone who is lawfully permitted to do so in the state.
(5) If the City Council deems it appropriate, the City Council may inspect any building, vehicle, structure or premises involved in the appeal as part of the hearing; provided that:
(a) Notice of such inspection shall be given to the parties before the inspection is made;
(b) The parties are given an opportunity to be present during the inspection; and
(c) The City Council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.
(6) The Council shall prepare a written summary of the hearing and shall set forth the decision reached. A decision shall be rendered within 15 days of the hearing, and the findings and decision shall be mailed to all parties to the appeal.
(Prior Code, § 3-1.17)
(Ord. 792, passed - -1999; Ord. 855, passed - -2006)