5.43.140 APPEALS.

An applicant who wishes to appeal the decision of the Police Chief regarding an application or an action to suspend or revoke a Permit may do so under the following hearing procedures:

(a) An appeal of the Police Chief's decision on a permit application or from the Police Chief's decision after a permit revocation or suspension hearing, may be made by filing a written request for appeal with the City Clerk's office within ten (10) calendar days of the date the decision was mailed. If no appeal is filed within this time period, then the decision of the Police Chief shall become final and the applicant shall be deemed to have waived all rights to appeal or other review. All requests for appeal shall include a statement of the basis for the appeal and the errors claimed to have occurred.

(b) The City Manager or their designee shall schedule a hearing on the appeal for not less than ten (10) calendar days or greater than twenty (20) calendar days from the date of mailing notice to the applicant of the time and place of the appeal hearing. The notice of hearing shall be sent by first class mail to the applicant within ten (10) days of filing a timely notice of appeal.

(c) The City Manager or their designee shall review the written record and allow testimony to be given. The City Manager or designee shall also allow oral argument. After all verbal testimony has been reviewed, the City Manager or designee shall render a written decision within ten (10) working days from the date the matter is submitted for decision. The action of the City Manager or designee shall be final and conclusive, subject only to applicable court review.

(d) If the Police Chief's decision is affirmed on appeal, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5 or 1094.8 (if that Section is applicable). The City shall make all reasonable efforts to expedite judicial review, if sought by the permittee.