§ 12-1174. Appeals.

(a)

Any applicant for a license who is denied a license or the holder of any license that is suspended or revoked shall have the right to appeal such decision to the city manager. The appeal may be made by filing with the city manager within ten business days after notice of the denial, suspension or revocation has been received, a written statement setting forth fully the grounds for the appeal and the name, mailing address, facsimile number and/or email address, and telephone number to be used by the city to provide notice of an appeal hearing as required by subsection (b) of this section.

(b)

The city manager shall provide for a hearing on such appeal and shall notify the appellant and chief of police in writing of the date, time and location of such hearing at least seven calendar days prior to the hearing, unless appellant agrees in writing to a shorter period. The appeal shall be decided on the basis of a preponderance of the evidence. For purposes of this article, notice by facsimile or hand delivery shall be considered delivered on the date of the fax, or delivery, if faxed or delivered prior to 5:00 p.m. (local time of the recipient), and if after 5:00 p.m. it shall be considered delivered on the next day. Notice sent by United States mail shall be deemed delivered on the second day following deposit in the United States mail.

(c)

The decision of the city manager shall be made no later than 30 business days after receipt of notice of the appeal unless waived by the appellant. The decision of the city manager is final.

(d)

If the appellant being denied a license renewal holds an unrevoked, unsuspended license for the preceding year, such person shall be permitted to continue to operate under the existing license until a final decision is made by the city manager under this section, unless the chief of police determines from evidence or information presented to it that continued operation or work by the appellant would constitute a continuing and imminent threat to the public welfare; however, if said license expired prior to the denial of the renewal, the license shall be considered expired and the appellant may not use the expired license.

(e)

An appellant appealing the suspension or revocation of a license may continue to use such license until a final decision is made by the city manager, unless the city manager determines from evidence or information presented to him that continued operation or work by the appellant would constitute a continuing and imminent threat to the public welfare.

(f)

The decision of the city manager may be appealed to the state district court of the county. An appeal to the state district court must be filed within 30 days after notice of the decision of the city manager is delivered to the applicant or licensee in accordance with this article. The applicant or licensee shall bear the burden of proof in court. The filing of an appeal to the state district court stays a suspension or revocation of the license, or denial of renewal of a license that was valid on the date the application for renewal was submitted, pending a judicial determination of the appeal by the trial court.

(Code 1982, § 27-10; Ord. No. 88-25, § 2, 7-5-1988)