Title 10 Regulation of Activities
Division V. Code Enforcement and Animal Regulations
Chapter 10.72 Adult Arcades
Section 10.72.150 Application Approval or Denial – Appeal
The license application shall be approved or disapproved within fifteen working days from the date of filing a completed application which complies with the requirements of this chapter, unless the applicant agrees to an extension of the time period in writing.
In the event that the licensing administrator denies a license, the licensing administrator shall, within the aforesaid fifteen-day period, notify the applicant of the denial in writing and the reasons therefor.
At any time before the notice is issued, the applicant may request, in writing, that the period for approval or denial be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
An applicant may appeal the decision of the licensing administrator regarding a denial to the hearing examiner by filing a written notice of appeal within fifteen days after the applicant is given notice of the licensing administrator’s decision.
The applicant may within the time for notice of appeal request a hearing by the hearing examiner to be held within ten days of the request.
The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof.
The licensing administrator or a representative may submit a memorandum in response to the memorandum filed by the applicant on appeal.
After reviewing the relevant information, the hearing examiner shall decide to uphold or overrule the licensing administrator’s decision. Such decision shall be made within forty-five calendar days after the date on which the hearing examiner receives the notice of appeal.
If a timely request for appeal is not filed by the applicant, the order of denial by the licensing administrator shall be final, provided that the licensing administrator may waive the fifteen-day requirement upon satisfaction that failure to receive notice of the licensing administrator’s denial was beyond the control of the applicant.
The applicant may appeal the decision of the hearing examiner by filing a written notice of appeal within thirty days after the applicant is given notice of the hearing examiner’s decision.
Said appeal is to a court of law.
Date Passed: Monday, October 3, 2022
Effective Date: Monday, October 3, 2022
ORD C36289 Section 5
