§ 21-232. Same—Denial of permits.

(a)

No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he is at least eighteen (18) years old. Any permit issued by virtue of any misrepresentation or error to any person under age eighteen (18) shall be void.

(b)

In the event that the chief fails to issue or deny a permit application within the time specified herein, then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief or the hearing officer.

(c)

An applicant may appeal the decision of the chief regarding denial by filing a written request for a hearing within twenty (20) days after notice has been given of the denial. The chief's decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the chief's decision on the issuance of a permit. The applicant's written request for a hearing shall set out the grounds on which the denial is challenged.

(d)

The hearing shall be conducted by a hearing official designated by the city manager. Hearings shall be conducted by the hearing official. The hearing official shall not have participated in any investigation or decision relating to the denial of the permit. At the hearing the hearing official shall receive oral and written testimony regarding the application. Hearings shall be conducted under rules issued by the chief, which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel.

(e)

The hearing official shall conduct the hearing within twenty (20) days after receipt of the applicant's written request for a hearing unless the applicant requests an extension in writing. The hearing official shall render a written decision and issue notice thereof to the applicant within five (5) days after the conclusion of the hearing. The written decision of the hearing official shall be final subject to the provisions of section 21-252 of this article.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)