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A. If the chief of police or designee denies, revokes or does not renew the massage establishment permit, the decision may be appealed by the applicant to the city manager, or designee, through the following procedure:

1. No later than fifteen calendar days after mailing of the notice of denial, the applicant shall file with the city clerk a written request for an appeal hearing, which states the specific grounds for appeal.

2. As soon as practicable after receiving the appeal, the city manager, or his or her designee, shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The city manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. Continuances of the hearing may be granted by the city manager, or designee, on request of the appellant for good cause shown, or on the city manager’s, or designee’s, own motion. The hearing shall be informal. At the hearing, the city manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the chief of police, or designee. Upon conclusion of the hearing, the city manager, or designee, shall render a decision. The decision of the city manager, or designee, shall be final.

3. Unless otherwise specifically prohibited by law, the burden of proof is on the applicant or permit holder in any hearing or other matter under this chapter. (Ord. 4963 § 1, 2019; Ord. 4931 § 1, 2018)