Any licensee or permittee who has had his business license or permit denied, revoked or suspended by the finance director pursuant to Section 5.05.070 or Section 5.05.130 of this chapter shall be provided an opportunity to appeal the denial, revocation or suspension to the city council. An appeal shall be processed as follows:
A. Filing an Appeal. A licensee or permittee desiring to appeal the determination of the finance director shall file a request for an appeal with the city clerk no later than fifteen days following the determination of the director, and shall pay a filing fee in the amount that the city council may establish from time to time by resolution.
The written request shall contain: (1) the name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; and (4) the grounds relied upon for relief.
B. Scheduling the Appeal. If a timely appeal is filed and the appropriate fee paid, the city clerk shall place the appeal on the agenda of the next regular meeting of the city council for which the legal requirements for the posting of the agenda items can be met and which allows notice of the time and place of the hearing to be mailed to the appellant no later than ten days prior to the date set for hearing. The notice may also designate certain records of the appellant required to be produced at the time of the hearing.
C. City Council Hearing. The city council shall be provided the grounds of the complaint against the appellant and the basis for the director’s determination to deny, revoke or suspend the license or permit. The appellant shall be provided an opportunity to present information to the council in writing or in person in opposition to the director’s determination. The council may continue the appeal hearing from time to time.
D. Determination by the City Council. After conducting the hearing and based on the information presented and the determination that the appellant is operating a business contrary to the provisions of Sections 5.05.070 or 5.05.130, the council may:
1. Uphold the determination of the director and deny, revoke or suspend the license or permit;
2. Modify the determination of the director; or
3. Overrule the determination of the director.
E. Findings of City Council Final. The determination of the city council shall be final and conclusive on the matter. (Ord. 998-07 § 5: Ord. 685-91 § 3 (part))