A. If the City Clerk determines that grounds exist for the denial, suspension, or revocation of a license or permit under this Article, she shall notify the applicant, licensee or permittee (respondent) in writing of her intent to deny, suspend, or revoke, including a summary of the grounds therefor. The notification shall be by certified mail to the address on file with the City Clerk; by personal service on the applicant, licensee, permittee, or manager; or by personal service on a responsible person at the business address on file with the City Clerk, or at the actual business address, if different. Within ten City working days of receipt of such notice, the respondent may provide to the City Clerk in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked and may include a request for a hearing. If a response is provided, it must include an address to which all mailings shall be sent. If no address is provided, the appeal shall not be affected and the most recent mailing address of record on file with the City Clerk shall be the address of the respondent. If a response is not received by the City Clerk within the time stated, the notification shall be the final administrative action of denial, suspension or revocation and notice of such will be sent to the respondent within five City working days after expiration of the period for submitting a response. Within five City working days after receipt of a response, the City Clerk shall either withdraw the intent to deny, suspend, or revoke, and send notification of the withdrawal to the respondent in writing by certified mail or shall schedule a hearing before the License Appeal Board and shall send notification to the respondent in writing by certified mail of the date, time and place of the hearing. If the City Clerk fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for a hearing. If the respondent requests a hearing, either the License Appeal Board or the City Clerk may continue the hearing on the request of respondent for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the respondent’s waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the respondent or mail a copy of the decision by certified mail to the address of the respondent as designated in this subsection. If more than sixty calendar days elapse between receipt by the City Clerk of a request for a hearing and mailing or hand-delivery by the License Appeal Board of a final decision to the respondent, a decision in favor of the respondent shall be deemed to have been rendered. In the case of an intent to deny a renewal application of a license or permit or an intent to suspend or revoke a license or permit, the respondent may continue to work or operate pending receipt of the final decision of the License Appeal Board. The decision shall be final upon hand-delivery to the respondent or, if mailed, at the end of five calendar days after it is mailed, and shall constitute final administrative action.

B. When the decision to deny, suspend or revoke a license or permit becomes final, the respondent shall have the right to seek judicial review of the decision by way of special action or other available procedure in the Superior Court. In the case of a denial of an original application, if the court has not ruled within sixty calendar days after service of the complaint on the City, the City Clerk shall issue a temporary license or permit to the applicant on the next City working day. If the court sustains the denial, the temporary license or permit shall expire upon entry of judgment. If the court overturns the denial, the license or permit shall be deemed granted upon judicial decision and the license or permit issued accordingly, subject to the City’s right of appeal. The decision to deny a renewal application for a license or permit or to suspend or revoke a license or permit shall be stayed until the entry of judgment on the merits by the Superior Court, provided that the licensee or permittee files the action and serves the complaint on the City within fourteen calendar days after the administrative decision becomes final.

C. The City Clerk may provide for the resolution of any contested matter arising under this section by consent agreement. The terms of a consent agreement may impose conditions that go beyond the requirements of this Article and may include a fine as a civil sanction.

D. Any license or permit suspended, revoked, or denied renewal as ordered by the License Appeal Board pursuant to this section shall be stayed for fourteen calendar days from the date the decision becomes final. The licensee may waive this provision in writing, or the City may seek to enforce the suspension or revocation sooner through special action or other available remedy in the Superior Court. (Ord. No. G-3671, § 2; Ord. No. G-3683, § 37; Ord. No. G-3775, § 11; Ord. No. G-3876, § 9; Ord. No. G-3894, § 3; Ord. No. G-4143, § 8, 1998; Ord. No. G-4182, § 1, 1999; Ord. No. G-4410, § 15, 2002; Ord. No. G-4741, § 2, 2005)