A. The hearing shall be at a time, place and day set by the hearing officer.

B. At the hearing, a representative from the city shall present the reasons for the decision to deny, suspend or revoke the license.

C. The applicant/licensee, in person or through his or her attorney, may then present any evidence showing reason why the decision was in error.

D. All witnesses shall be sworn to testify truthfully. Either party is entitled to confront and cross-examine any witnesses.

E. Any oral or documented evidence may be received, but the hearing officer shall exclude all privileged, irrelevant, immaterial, or unduly repetitious evidence.

F. The city shall bear the burden of proof to establish the existence of a violation of this title. Such proof shall be established by the preponderance of the evidence.

G. If the denial, suspension, or revocation appealed from is based on a finding by the building division, planning and zoning division, fire department, health department or police department that the business was or would be in violation of their applicable ordinances or regulations, and the division or department in question has fulfilled the procedural requirements in all applicable ordinances, statutes and rules prior to making such finding, then that finding shall be conclusive on the hearing officer, and the officer’s decision may be based only on whether the license was properly denied, suspended, or revoked because of the building division’s, planning and zoning division’s, fire department’s, health department’s or police department’s finding.

H. If the denial, suspension, or revocation appealed from is based on a determination by the license administrator that grounds existed pursuant to this code, the hearing officer may examine the factual nature of the grounds and determine whether such grounds are sufficient to sustain the decision of the license administrator.

I. The hearing officer does not have the authority to waive compliance with applicable provisions of the business license ordinances, nor can the hearing officer extend deadlines set forth in the ordinances or change the substance or form of the ordinances. (Ord. 2020-01 § 1 (Exh. A (part)); Ord. 2014-10 § 1 (Exh. A (part)); Ord. 10/28/2003O-12 (part); Ord. 12-09-97G (part))