§ 13. APPEAL

(a)

If the chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license as provided in this ordinance, the chief of police shall give written notice to the applicant or licensee of such intention.

(1)

The notice shall provide that the denial of issuance, suspension, revocation shall take effect within the third working day after notification unless the licensee provides a written response to the chief of police before the expiration of the third working day.

(2)

If a written response from the applicant or licensee is received by the chief of police before the expiration of the third working day, the suspension, the denial of issuance or revocation will be stayed pending a decision by the chief of police. The chief of police shall review the response before rendered a decision.

(3)

The chief of police shall give written notice of this decision to the applicant or licensee.

(4)

The decision by the chief of police is effective immediately and final pending any appeals.

(5)

Notice shall be deemed delivered by hand delivery to a licensee, owner or employee of the establishment or by posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice.

(b)

Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for license has been denied or whose license has been suspended or revoked shall have the right to appeal to a state district court.

(c)

An appeal to the state district court must be filed within thirty (30) days after the receipt of notice of the decision of the chief of Police, or denial of the appeal by the license appeal board.

(d)

The licensee or applicant shall bear the burden of proof in court.

(Ord. No. 2006-09, Sec. 13, adopted 8-15-06)