§ 4-1.1029. Appeal of Denial of License or Revocation of License.

Any person, firm, corporation, organization or association upon denial of an application for a business license to operate bingo games and any holder of a bingo license whose license is revoked under this article shall have the right, after receiving notice in writing of the denial or revocation, to file a written appeal within twenty (20) calendar days from the service of a notice of denial of license or order of revocation executed by the Police Chief to the City Manager or his or her designee. The provisions for appeals set forth in Title 1, Chapter 4, of the Modesto Municipal Code are inapplicable to this article.

Any written appeal request shall contain the following:

(a)

A brief statement setting forth the interest the appealing party has in the matter to be appealed;

(b)

A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his/her/its contention that the denial of the license or revocation of the license should not be imposed;

(c)

An address which the appellant agrees notice of any additional proceedings or an order after hearing may be received by first class mail;

(d)

As soon as practicable after receiving the written notice of appeal, the City Manager or his or her designee shall schedule a date, time and place for the appeal hearing. A continuance of the hearing may be had upon written request to the City Manager and upon a showing of good cause;

(e)

Written notice of the date, time and place of the hearing shall be served at least ten (10) calendar days prior to the date of the appeal hearing. Notice of hearing shall be sent to the appellant by first class mail at the address provided with the written appeal request. The hearing shall be set for an appeal hearing no sooner than twenty (20) days following a request for a hearing;

(f)

Failure to attend the appeal hearing by the person appealing any notice and/or order of the Police Chief issued under this article shall constitute a waiver of his or her rights to such hearing and adjudication of the notice or order, or any portion of the notice or order; and

(g)

The order of the City Manager or his or her designee shall constitute a final order and judicial review of the order shall be governed by California Code of Civil Procedure Section 1094.6.

(Added by Ord. 3176-C.S., § 1, effective 7-6-00)