(1) An applicant denied a business license, or a holder of a business license that has received a notice of revocation or summary suspension, shall have the right to appeal that action to the City Manager (or designee). A written appeal must be filed within 10 business days after the date of the notice of the action. The written appeal filed must state the basis for the appeal.

(2) The revocation of a business license does not take effect until final determination of the appeal. Notwithstanding this subsection, a summary suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.

(3) Unless the appellant and City agree to a longer period of time, an appeal shall be heard within 14 calendar days of receipt of the written appeal. The City Manager (or designee) shall give the appellant and any other persons requesting the same, at least seven business days’ notice of the time and place of such hearing.

(4) At the time and place set for the hearing upon the appeal of the denial or revocation, the City Manager (or designee) shall give the appellant and any other interested party a reasonable opportunity to be heard. The City Manager (or designee) shall hear and determine the appeal on the basis of the applicant’s written appeal statement and any additional evidence the City Manager (or designee) deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply. In all such cases, the burden of proof shall be upon the appellant.

(5) The City Manager (or designee) shall uphold, or modify and uphold, the denial or revocation, or reverse the denial or revocation and render a new decision in the matter consistent with the requirements of the application or license in question. The decision of the City Manager (or designee) shall be issued within 10 business days of the hearing and shall be in writing and contain findings of fact and a determination of the issues presented. An applicant wishing to appeal the decision of the City Manager (or designee) shall have the right to appeal to the City Council under the procedures set out in Section 1.025.