§ 22-116. Appeal hearing.

(a)

No later than 30 days following the filing of a timely appeal, a hearing shall be held to determine whether the appeal should be granted. The city shall provide the appellant written notice of the time, date, and place of the hearing no later than ten days before the hearing date.

(b)

The finance director shall have the burden of proof during the hearing. The provisions of the California Administrative Procedure Act (Government Code § 11500 et seq.), and the formal rules of evidence do not apply at the hearing. At the conclusion of the hearing, the Hearing Officer shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions of law. The written decision shall be filed with the finance director not later than 10 days following the date on which the hearing is closed. The finance director shall, within five days of the filing of such decision, serve the applicant or licensee with notice and copy of the written decision.

(c)

With regard to an appeal from the imposition of conditions on a new license, during the term of a general business license, or on an application for renewal of a general business license, the finance director must demonstrate by substantial evidence the necessity of the conditions. If the conditions are upheld, the hearing officer's decision shall provide findings regarding the evidence within the record supporting the determination.

(Ord. No. 2008-09, § 3, 5-8-2008; Ord. No. 2016-010, § 1, 9-22-2016)