A. In the event the city clerk denies an original or renewal application for a license under this chapter, suspends a license issued under this chapter, or revokes a license issued under this chapter, the city clerk shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension or revocation and shall inform the applicant or licensee of the right to appeal to the city hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at the last known address of the applicant or licensee.

B. If a licensee timely appeals a decision of the city clerk, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the city hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.

C. Within 10 calendar days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city hearing examiner.

D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the city hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the city clerk at least five calendar days prior to the hearing.

E. The city hearing examiner shall uphold the decision of the city clerk unless it finds the decision is not supported by substantial evidence in the administrative record.

F. The city hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at the last known address of the applicant or licensee. The decision of the city hearing examiner shall constitute the final administrative decision of the city and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. If a licensee timely appeals a decision of the city hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ord. 1698 § 3, 1997).