A. 
The provisions of this chapter shall apply to hearings before the assembly for the revocation of conditional use permits or special land use permits for alcohol under title 21 for the retail sale of alcoholic beverages, and for conditional use permits or special land use permits for marijuana under title 21 for marijuana establishments.
B. 
The provisions of this chapter shall be in addition to those procedures established by Anchorage Municipal Code chapter 3.60.
(AR No. 98-251(S), § 1, 8-25-1998; AO No. 2016-3(S), § 25, 2-23-2016)
A. 
Witness lists and documentary evidence. Not later than 30 days prior to the hearing date, the parties shall exchange and shall provide to the municipal clerk and the assembly's counsel, copies of their witness lists, affidavits of witnesses and documentary evidence.
B. 
Subpoena requests. Requests for subpoenas for witnesses shown on the witness list submitted pursuant to subsection A of this section shall be filed with such witness list. All other subpoenas shall be submitted in accordance with section 3.60.045.F.
C. 
Pre-hearing memoranda. Not later than 21 days prior to the hearing date, the parties shall submit a pre-hearing memorandum of not more than ten pages, double-spaced, setting out their evidence and their legal arguments.
D. 
Documentary evidence. Documentary evidence shall be marked by the municipal clerk in advance of the hearing as "(name of party) Exhibit _____". Each party shall provide a copy to all other parties, the assembly's counsel and 12 copies to the clerk prior to the hearing.
1. 
Exhibits of the party who initiated the proceedings shall be assigned Arabic numbers and exhibits of the responding or defending party shall be assigned capitalized letters of the alphabet.
(AR No. 98-251(S), § 1, 8-25-1998)
A. 
The assembly, as the trier of facts and decision maker, shall provide the permit holder a fair hearing, shall be impartial and unbiased and shall have no ex parte contacts in accordance with section 3.60.065.
B. 
The assembly may appoint the municipal administrative hearing officer or another hearing officer to act as the trier of fact and to make findings of fact for and a recommended decision to the assembly.
(AR No. 98-251(S), § 1, 8-25-1998)
A. 
Opening statements. The parties of their attorneys may make an opening statement of not more than five minutes, unless additional time is requested in advance of the hearing and is necessary to the full and fair presentation of the party's case.
B. 
Witnesses. The parties may call as many witnesses as are required to make or defend their case.
1. 
All witnesses shall be sworn in by the municipal clerk and shall provide their testimony under oath.
2. 
The conduct of witness examination shall be governed by section 3.60.045, provided however, the chair of the assembly may require any examination or cross-examination to be conducted through the chairperson when necessary for good order and discipline in the conduct of the hearing.
C. 
Evidence and objections. The admission of evidence shall be governed by section 3.60.045.
1. 
Objections to evidence and exhibits shall be made at the time the evidence is presented at the hearing and shall be ruled on by the chair at such time.
D. 
Closing statements. When all evidence has been submitted by the parties, each party may make a closing statement not to exceed ten minutes.
E. 
Ruling or decision. After closing statements are completed, the chair may entertain a motion to act upon the conditional use permit or special land use permit which motion must be seconded to be considered by the assembly.
1. 
Before action on a conditional use permit or special land use permit may be taken, the applicant seeking the action must establish by a preponderance of the evidence that the requested action is warranted and in accordance with law.
2. 
After the motion has been seconded, the maker of the motion shall state whether he or she supports the motion and shall articulate for the record the factual evidence constituting a preponderance of the evidence in support of a conclusion that the violations occurred and that revocation is warranted.
3. 
After all assembly members wishing to explain their reasoning on the record have done so, the chair shall call for a vote on the motion.
4. 
The decision of the assembly shall be announced on the record.
(AR No. 98-251(S), § 1, 8-25-1998; AO No. 2016-3(S), § 25, 2-23-2016)
A. 
The assembly shall adopt written findings of fact and conclusions of law based on the statements of assembly members on the side of the motion that prevails in accordance with section 3.60.055.
1. 
The written findings of fact and conclusions of law shall be mailed by the clerk to the parties with a notice that the decision of the assembly is final and the non-prevailing party has 30 days to appeal to the Superior Court in accordance with section 3.60.080.
(AR No. 98-251(S), § 1, 8-25-1998)