La Puente Municipal Code Art. V Appeals

Any interested person may appeal the Director’s issuance, denial of issuance, renewal, denial of renewal, suspension or revocation of an adult entertainment regulatory permit or adult entertainer permit to the city council in accordance with the provisions of this section. Such appeal shall be governed by the procedures in Section 5.08.030(d) of this title.

(Ord. 788 § 3 (part), 1999)

The effectiveness of any decision of the director to suspend or revoke an adult entertainment regulatory permit or adult entertainment regulatory permit shall be stayed during: (1) the appeal period set forth in this article; and (2) the pendency of any appeal.

(Ord. 788 § 3 (part), 1999)

Hearings shall be conducted in accordance with procedures established by the city council. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(Ord. 788 § 3 (part), 1999)

Unless otherwise specifically provided by law, in any hearing under this article the burden is on the city to prove that the determination of the director that is being appealed is reasonable and not an abuse of discretion.

(Ord. 788 § 3 (part), 1999)

An applicant who seeks judicial review of a decision to deny or conditionally approve a permit under this chapter shall be afforded prompt judicial review of that decision as provided by law and as further specified in Section 5.08.140 of this title.

(Ord. 788 § 3 (part), 1999)