§ 4.04.100. Appeal.

A.

Any person, firm, or corporation whose application for a new permit or the renewal of an existing permit pursuant to Section 4.04.090 is denied, or whose existing permit is revoked pursuant to the terms of Section 4.04.090, may appeal the finding of the chief of police to the pawnbrokers and secondhand dealers appeals board. The appeals board shall be comprised of three members consisting of the city administrator or his or her designee and a representative from two local law enforcement agencies other than the city's police department. Any appeal taken pursuant to this section shall be filed with the city administrator in writing within five business days of the affected person's receipt of the decision of the chief of police.

B.

The city administrator shall schedule an informal hearing in front of the appeals board within ten days of receiving an appeal from any person, firm or corporation pursuant to the provisions of this section. The city administrator shall notify the party appealing the decision of the chief of police in writing of such hearing at least five calendar days prior to the hearing date. The following procedures shall apply to the hearing:

1.

The hearing shall be informal in nature.

2.

Formal rules of evidence (California Evidence Code and/or the Federal Rules of Evidence) shall not apply.

3.

If the hearing is to review the denial of an application for a new permit or the renewal of an existing permit pursuant to Section 4.04.090 of this chapter, the party whose application was denied shall have the opportunity to present information and to respond to any allegations which served as the basis for the chief of police denial of his or her application.

4.

If the hearing is to review the determination to revoke an existing permit pursuant to Section 4.04.090 of this chapter, the party whose permit was revoked shall have the opportunity to respond to the allegations and present information relevant to his or her defense.

5.

At the conclusion of the hearing, or within a reasonable time thereafter not to exceed ten business days, the appeals board shall, based upon the evidence presented at such hearing, determine whether to uphold or overturn the decision of the chief of police.

6.

The appeals board shall notify the party requesting the appeal hearing of its ruling by written notice, delivered by certified mail return receipt requested, to the address provided by the party on their appeal application.

7.

Any person aggrieved by the appeal board's decision may file a writ of administrative mandamus pursuant to Section 1094.5 of the California Code of Civil Procedure within ninety days of the date the appeals board issues its decision.

(Ord. 1306 § 1, 2000)