Alameda Municipal Code § 5-6 Appeals

The applicant for a license may appeal in writing to the Bureau of Licenses within ten (10) days after the rejection of any application by the License Collector. The Bureau shall set the matter for hearing and cause notice of the time and place thereof to be given to the applicant not less than five (5) days prior to such hearing. At such hearing the applicant shall appear and offer evidence in support of his/her application. After such hearing, if proper showing is made entitling applicant to the license, the Bureau shall determine the proper fee to be charged and shall give written notice to the applicant of such determination and of the amount of such fee.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The applicant for a license or the licensee may apply in writing to the City Council within ten (10) days after notice of any determination by the Bureau of Licenses for a review of its decision. The Council shall set the matter for hearing and cause notice of the time and place thereof to be given to the applicant or licensee not less than five (5) days prior to such hearing. At such hearing the applicant or licensee shall appear and offer evidence in support of his/her application or appeal. The Council shall have power to confirm, modify or correct the determination of the Bureau in any regard. If proper showing is made entitling such applicant to a license, the Council shall determine the proper fee to be charged and shall give written notice to the licensee and to the License Collector of such determination and the amount of such fee, and the License Collector shall issue a proper license.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The decision of the License Collector in the absence of an appeal to the Bureau, the decision of the Bureau in the absence of an appeal to the City Council, and the decision of the City Council in any review, shall be final and conclusive upon any and all persons affected thereby. Any fee finally determined shall be due and payable as of the date the original license fee was due and payable, together with any penalties that may be due thereon; provided, however, that if such fee shall be fixed in accordance with the original statement of the licensee, then no penalty shall attach to such fee by reason of any delinquencies.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The Bureau and the Council shall have the power to administer oaths, certify to all official acts and issue subpoenas for and to require the attendance of witnesses and the production of records and documents upon any hearing provided under this chapter. The License Collector or any member of the Bureau of Licenses shall have the power to administer oaths in the execution of any affidavit, statement or certificate herein required.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

Any notice required under this chapter to be given shall be deemed to have been served when the same has been delivered personally or deposited at Alameda in the United States Post Office enclosed in a sealed envelope, postage prepaid, addressed to such person at his/her place of business as the address of the same appears in the records of the Bureau of Licenses, and if no such address appears, then to his/her last known address, and if there is no last known address, then addressed to him/her at the City of Alameda.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.)

The affidavit, statements and certificates, and any other documents required by this chapter to be filed, shall be deemed confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this chapter and Alameda public safety personnel who shall have access, for emergency and code enforcement purposes only, to the names, home addresses and telephone numbers of business owners or managers contained in business licenses. Any officer or employee of this City who shall willfully violate any provisions of this subsection shall be deemed guilty of a misdemeanor.

(Ord. No. 834 N.S.; Ord. No. 2295 N.S.; Ord. No. 2615 N.S. 1)