El Cerrito Municipal Code Ch. 6.15 Appeal

This chapter pertains to all of Title 6 with the exceptions of Chapters 6.70 (Permits to Sell Firearms) and 6.75 (Charitable Solicitation).

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The applicant for a business license or a permit may appeal to the council if the public official denies an application for a permit or license, or if an issued permit or license is seized or revoked. Such appeal must be in writing, and be delivered to the city clerk within fifteen calendar days after the date:

A. The notice of denial is obtained from the city clerk; or

B. The revocation is mailed; or

C. A show-cause hearing is held.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Any person permitted to solicit or conduct business within the city, and who is ordered by a city official to cease his business or service, to modify or remove a product or service, or to otherwise change his activity, may appeal such action to the city council. Such appeal must be in writing, and be delivered to the city clerk within fifteen calendar days after the date of any hearing on the order, as required by the regulating sections of this code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Upon receipt of such an appeal, the city clerk shall schedule the matter for hearing by the council at its next regular meeting, but not sooner than five days after receipt of the appeal. At such hearing, the appellant may appear in person or by counsel and may present evidence. The council may continue such hearing as necessary. After conducting the hearing, the council may sustain the appeal, deny the appeal, or may sustain, modify or reverse any action taken by city staff against the permittee. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)