(a) 
Any applicant or permittee aggrieved by a decision of the police chief in denying, suspending, modifying or revoking a permit, or imposing conditions on the issuance of a permit or permit renewal, may appeal the decision to the city manager in accordance with the procedures set forth in this article.
(b) 
Any applicant or permittee who desires to appeal a decision of the police chief, may appeal the decision by submitting a written appeal to the city manager within ten calendar days from the date of service of the notice of denial, suspension, modification, revocation, or conditioned approval or renewal. The written appeal shall contain:
(1) 
A brief statement in ordinary and concise language of the specific decision or condition protested, together with any material facts claimed to support the contentions of the appellant;
(2) 
A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
(3) 
The signatures of all parties named as appellants and their official mailing addresses; and
(4) 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(c) 
Upon receipt of a timely filed appeal, the city manager may hire or appoint a hearing officer or may serve as the hearing officer.
(d) 
Upon receipt of any appeal filed pursuant to this section, the hearing officer shall calendar it for hearing within fifteen calendar days.
(e) 
Written notice of the time and place of the hearing shall be given at least seven calendar days prior to the date of the hearing to each named appellant either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal.
(f) 
Failure of any person to timely file an appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and decision, or any portion thereof.
(g) 
Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
(h) 
In the case of a suspension, modification, or revocation of a permit or permit renewal, the permittee may continue to conduct the cannabis business during the pendency of any appeal.
(Ord. 2509 § 2, 2017)
(a) 
At the time set for hearing, the hearing officer shall proceed to hear the testimony of the police chief, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically raised by the appellant in the notice of appeal.
(b) 
The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
(c) 
The hearing officer may, upon request of the appellant or upon request of the city, grant continuances from time to time for good cause shown, or upon his or her own motion.
(d) 
In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.
(Ord. 2509 § 2, 2017)
(a) 
Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(b) 
Oral evidence shall be taken only upon oath or affirmation.
(c) 
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(d) 
The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(e) 
Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case or on reconsideration.
(f) 
Each party shall have these rights, among others:
(1) 
To call and examine witnesses on any matter relevant to the issues of the hearing;
(2) 
To introduce documentary and physical evidence;
(3) 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(4) 
To impeach any witness regardless of which party first called the witness to testify;
(5) 
To rebut the evidence presented against the party; and
(6) 
To represent him, her, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.
(g) 
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
(Ord. 2509 § 2, 2017)
(a) 
If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, modify, or revoke the permit, the hearing officer shall affirm the police chief's decision to deny, suspend, modify, revoke or condition the permit.
(b) 
Following the hearing and after reviewing the testimony and evidence presented at the hearing, the city manager shall issue a decision, or if the city manager appointed a hearing officer, the hearing officer shall issue a recommendation to the city manager, regarding the propriety of the police chief's determination. The decision or recommendation shall be in writing and shall contain findings of fact and a determination of the issues presented. The city manager shall accept, amend and accept, or reject a hearing officer's recommendation.
(c) 
The city manager's determination of the appeal shall be final.
(d) 
The final decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be delivered to the appellant personally or sent by certified mail to the address shown on the appeal within ten business days following the conclusion of the hearing.
(e) 
The decision shall be final when signed by the city manager and served as provided in this section.
(Ord. 2509 § 2, 2017)