§ 25-11. Appeal of permit denial or revocation.  


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  • (a)

    The decision of the MOSE director is final unless appealed under this section. A special event organizer may appeal the denial or revocation of a permit by filing a written request for a hearing with the MOSE director within ten business days of the date of such denial. A hearing shall be conducted within ten business days of the receipt of such request before a hearing committee consisting of the appropriate director, the police chief, and the fire chief. The city attorney or the city attorney's designee shall be present, in a non-voting capacity, to advise on any legal issue. It shall be the duty of the MOSE director to defend the decision during the hearing. Evidence on the matter shall be received in accordance with Rule 12 of section 2-2 of this Code. The hearing committee shall render a written decision on the matter within five business days of the date of the hearing and immediately provide a copy of such decision to the special event organizer.

    (b)

    Upon receipt of the hearing committee's decision to uphold the denial or revocation of a permit, the special event organizer may appeal such decision by giving written notice to the city secretary within five business days of the date of such decision. The city secretary and city agenda director shall arrange a date for the matter to be reviewed by the city council, at the next regularly-scheduled council meeting at which it is possible to give lawful prior notice of the matter after the receipt of the hearing committee's decision and the record required by Rule 12 of section 2-2 of this Code. The city secretary shall give written notice thereof to the special event organizer. The city council shall consider the appeal under the provisions of Rule 12. Upon the conclusion of the city council's review of the matter, the city council shall render a decision to grant or deny the requested permit. Such decision shall be final and shall exhaust the special event organizer's administrative remedies. If the foregoing time requirements appear inadequate to resolve the appeal prior to the date scheduled for the special event, the burden shall be upon the special event organizer to expedite any filings required and to request a special city council meeting, which shall be granted if reasonable under the circumstances.

(Ord. No. 2010-911, § 2(Exh. A), 12-1-2010)