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A. Appeal from Notice of Revocation or Notice of Denial. If the city clerk determines that there are grounds for denying or revoking a quick service probationary license pursuant to this chapter, the city shall institute the denial or revocation by the delivery of a notice of denial/revocation pursuant to Sections 5.04.070 through 5.04.080. The denial or revocation shall become effective if the owner does not file an appeal within ten days of receiving the notice of denial/revocation as set forth in Sections 5.04.070 through 5.04.080. A party appealing a denial or revocation cannot challenge the validity of any infraction that has become final before the date of the notice of denial/revocation.

B. Content. Form and Procedure of Appeal. The notice shall be in writing and include at least the following:

1. A caption reading: “Appeal of Notice of _________,” giving the name of the appellant and the name of the quick service facility;

2. A brief statement specifically identifying what is being appealed, together with any material facts claimed to support the contentions of the appellant;

3. A brief statement of the relief sought, and the reasons why the revocation or denial of a quick service probationary license should be reversed, modified or otherwise set aside;

4. The current address of the owner/appellant;

5. Current contact information; and

6. A verification, by declaration under penalty of perjury, made by the owner/appellant as to the truth of the matters stated in the appeal.

C. Stay of Denial/Revocation Pending Appeal. A quick service probationary license denial or revocation will be stayed and will not become effective upon the filing of a timely appeal and will remain stayed during the pendency of the appeal. The stay shall be lifted ten days after the appeal is denied or on the day a pending appeal is dismissed, whichever is sooner. In addition, the city may seek to have the stay lifted if an additional violation of the dress requirement occurs during the pendency of the appeal. The city shall make this request by filing a motion before the hearing examiner identifying the specifics of the new violation. The city’s request shall be granted upon a finding by the hearing examiner that another violation of the dress requirement has occurred.

D. Waiver If No Appeal Filed. The failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter. (Ord. 3560-17 § 5, 2017.)