A.
Any interested person may appeal the approval or denial of the issuance or renewal of an adult business permit or erotic dancer permit, or the imposition of disciplinary action in connection with an adult business permit or erotic dancer permit. The appeal fee and a written appeal must be filed with the city clerk within ten calendar days after the relevant decision; provided, however, if the appeal period expires on a day that City Hall is not open for business, then the period shall extend to the next city business day. The appeal must state in what way(s) the appellant contends the decision was incorrect or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the decision.
B.
The effectiveness of any decision to suspend or revoke an adult business permit or erotic dancer permit shall be stayed during: (1) the appeal period; and (2) the pendency of any appeal.
C.
The city council shall conduct a hearing and take the matter under submission no later than thirty city business days following the timely filing of an appeal unless the appellant, as well as the applicant if different than the appellant, consents in writing to an extension. At least ten days prior to such hearing, written notice thereof shall be mailed to the appellant, and to the applicant if different than the appellant. In addition to posting of the agenda in accordance with the Brown Act, public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration of the original decision.
D.
Appeal hearings shall be de novo hearings and shall be conducted in accordance with procedures established by the city council. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. The city council shall not be bound by formal rules of evidence and may receive, under penalty of perjury, any relevant evidence that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness. Unless otherwise specifically provided by law, the burden is on the city to prove that the determination that is being appealed is reasonable and not an abuse of discretion.
E.
The city council may uphold, overturn or modify the decision being appealed. The decision criteria governing the appeal hearing shall be the same as applied for the initial decision. In the event of a tie vote by the city council, the appeal shall be denied and the decision being appealed shall be effective.
F.
The city council shall, within forty-five city business days of the appeal filing date, render its decision by a resolution setting forth its findings. The time period set forth in this subsection shall not be extended except upon written consent of the appellant, and of the applicant if different than the appellant. Notice of the decision and a copy thereof shall be mailed to the appellant, and to the applicant if different than the appellant, no later than three city business days after the city council's decision. The decision of the city council shall be final.
G.
Appeal fees shall be set by city council resolution and shall not exceed the city's reasonable administrative costs.
(Ord. 1065 §2, 2005)