(A) Any person aggrieved by the denial of an application for a license or by the suspension or revocation of a license as provided by this subchapter, shall have a right to redetermination and an appeal. Such a redetermination may be taken only within 14 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 the sum of $100. The Clerk shall forward the appeal to the Chief of Police.
(B) Within ten days of the receipt by the Chief of Police of such an appeal, the Chief of Police shall schedule a redetermination hearing. Unless waived by the appellant, the Chief of Police 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 the Chief of Police or his or her designee.
(C) The redetermination or decision of the Chief of Police or his or her designee shall be 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 presented;
(5) The decision or redetermination;
(6) The 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.
(D) The redetermination referred to above shall be final and binding, unless the appellant, within 14 days of the mailing of such redetermination, files a request in writing addressed to the City Clerk, 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 Chief of Police; and
(3) A redetermination was not made due solely to the fault of the city.
(E) The appeal to the City Council shall be held within 21 days of receipt by the City Clerk of the request for redetermination.
(F) The denial, suspension or revocation shall be effective during such appeal or until the Council shall reverse the administrative decision. The City Council may confirm the denial, suspension or revocation or may reinstate or order the issuance of the license. The action of the Council shall be final.
(Prior Code, § 40-93) (Ord. 1394, passed 2-10-2014; Ord. 1477, passed 6-17-2019)