A. The City Hearing Examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the City pertaining to any denial, or revocation of business licenses, or imposition of any conditions upon a licensee, pursuant to Chapter 1.36 LMC.

B. Any applicant or licensee may, within 10 days after receipt of a notice of denial of application or of a notice and order, file with the City Clerk a written notice of appeal.

C. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her address shown on the notice of appeal.

D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not apply.

E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.

F. Within 10 business days following conclusion of the hearing, the Hearing Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the City, and may further impose terms and conditions to the issuance or continuation of a business license.

G. Failure of any applicant or licensee to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order. [Ord. 610 § 13, 2015; Ord. 585 § 12, 2014; Ord. 568 § 3, 2013; Ord. 548 § 1, 2012; Ord. 300 § 6, 2003; Ord. 276 § 2, 2002; Ord. 108 § 1, 1996; Ord. 24 § 19, 1995.]