Whenever an applicant or licensee wishes to appeal any decision of the town manager: (i) refusing to issue or renew a license; (ii) suspending or revoking a license; (iii) refusing to issue or renew a permit; or (iv) suspending or revoking a permit, the applicant or licensee must first appeal to the town council in compliance with the procedures set forth herein.
(a) An applicant or licensee may request in writing an informal hearing to dispute the claim, within ten days after receiving notice of: (i) a refusal to issue or renew a license; (ii) a suspension or revocation of a license; (iii) a refusal to issue or renew a permit; or (iv) a suspension or revocation of a permit. The written request to dispute the claim must be filed with the clerk-treasurer. The clerk-treasurer shall notify the town council.
(b) Following notification, the town council shall:
(1) Set the appeal for a hearing;
(2) Set a time, date, and location for such hearing; and
(3) Notify the applicant or licensee and the town manager of the hearing time, date, and location at least five working days prior to the hearing.
(c) The hearing shall be conducted by the town council or its designated officer; provided however, that the town manager shall not conduct such hearing.
(d) The applicant or licensee shall bear the burden of proof that the town manager’s decision should be vacated. The town manager or person appointed by the town manager may present evidence at the hearing which supports the town manager’s decision.
(e) Following a hearing, the town council may overturn or confirm the town manager’s determination. The decision of the town council or hearing officers or his/her appointees shall be final and the decision, together with reasons thereof, shall be delivered in writing within thirty working days from the close of the hearing to the person taking the appeal with a copy delivered to the town manager who shall keep all decisions on file in the town manager’s office.
(f) All decisions shall become effective upon delivery to the town manager. (Ord. 1059 §1(part), 2006).