(a) Any person aggrieved the action of the clerk in not issuing or renewing a license under this chapter or in suspending or revoking a license under this chapter shall have the right to appeal such action to a hearing examiner or other such hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the clerk within ten days of receiving the notice of the action from which the appeal is taken. Filing an appeal shall stay the action of the clerk. The clerk shall immediately transmit the notice of appeal to the hearing body.

(b) The hearing body, upon receipt of a notice of appeal, shall within thirty days set a date for a hearing of such appeal, unless extended by mutual agreement of for good cause shown. The hearing shall be de novo. The hearing body shall hear testimony, take evidence, and may hear oral argument and accept written briefs.

(c) The decision of the hearing body on appeal of a decision of the clerk shall be based on a preponderance of the evidence. The burden of proof shall be on the city. The hearing body's decision shall be in writing setting forth findings of fact and conclusions of law.

(d) Any person aggrieved by the decision of the hearing body shall have the right to appeal the decision to superior court by writ of certiorari or review filed and served upon the city within thirty days of the hearing body's decision. If the hearing body's decision affirms the clerk's action to deny, suspend, or revoke a license under this chapter, the appeal shall stay the effect of the clerk's decision pending judicial review. (Ord. 1646, § 1, 2005.)