Title 04 Administrative Agencies and Procedures
Chapter 04.04 Special Administrative Procedures – Licensing
Section 04.04.100 Appeal
- A person aggrieved by the order of the license officer upon hearing may appeal by filing within fourteen days of the order a written appeal, containing a statement of the factual and legal grounds for the appeal, with the mayor in the case of class I and class II licenses and with the city clerk in the case of class III licenses, and by filing a copy of the appeal with the license officer.
- A person or entity who has been denied, suspended or revoked an entertainment facility license, may file within fourteen days of the denial, suspension or revocation, an appeal to the hearing examiner. The appeal form shall contain a factual statement and legal grounds for the appeal and be filed with the city clerk.
- Hearing Officers.
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- The mayor, in the case of class I and class II licenses, may hear and decide the appeal or may appoint a person other than the license officer to act as hearing officer; except that in the case of a class IIB license under chapter 10.29 SMC the appeal is heard and decided by the appropriate board of examiners; and except that in the case of a class IIA license under chapter 10.23A SMC, the appeal is heard and decided by the hearing examiner. The mayor fixes a time and place for the hearing and causes written notice of the time and place, and the identity of the hearing officer, if any, to be given to the appellant and the license officer; the director of building services sets up and gives notice of the hearing by the examining board.
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- The city council, in case of class III licenses, determines whether the appeal will be heard by the whole council, a committee or a hearing officer. The council fixes a time, at least two weeks hence, and place for hearing. The clerk mails notice of the time and place and person(s) to hear the appeal to the appellant and to the license officer and publishes the notice once in the Official Gazette.
- The person or body conducting the hearing causes a verbatim record of testimony and a file of documents introduced to be made.
- The person or body conducting the hearing causes findings or conclusions on the issues in dispute to be made in writing as part of the record and affirms, overrules, modifies or remands the decision appealed.
Date Passed: Monday, August 15, 2011 Effective Date: Thursday, September 22, 2011 ORD C34759 Section 3 |
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