§ 5-15.17. Appeal.

Any person or applicant denied an approval or permit under this chapter or a massage establishment or off-premises massage business owner, RMO, managing employee or operator whose approval or permit has been revoked may appeal the denial or revocation in writing (the "appellant"). Such appeal must be filed with the Chief of Police not more than fifteen (15) days following the mailing date of the notice of denial or revocation sent to the person or applicant or massage establishment owner, off-premises massage business owner, RMO, managing employee or operator pursuant to this chapter. The decision of the Chief of Police shall be issued in writing within thirty (30) days of the hearing. Upon the decision of the Chief of Police upholding the revocation or denial, the appellant may further appeal the denial or revocation in writing to the City Manager. Such appeal must be in writing and filed with the City Clerk not more than fifteen (15) days following the mailing date of the notice of denial or revocation sent to the appellant pursuant to this chapter. The decision of the City Manager shall be final and conclusive, shall be in writing, and shall be issued within thirty (30) days of the hearing. The decision of the City Manager shall further state that judicial review may be sought therefrom pursuant to California Code of Civil Procedure (CCP) Section 1094.5, and that any Superior Court action must be filed within ninety (90) calendar days pursuant to CCP Section 1094.6 following the mailing of the City Manager's decision. The City Manager's decision shall further be transmitted with an affidavit or certificate of mailing indicating the date it was mailed. The Chief of Police and the City Manager may delegate the hearing matter, and may establish rules regarding the conduct of the hearings. Failure to timely file any appeal provided by this section shall be deemed a waiver of all rights of appeal.

(§ 2 (Exh. A), Ord. No. 1287, eff. April 5, 2018)