§ 12.14.085. Notice and public hearing.

A.

The director shall hold a public hearing on all new applications for a regular operator's and for sponsor's permits, but not for special event permits or for renewals of any permit; provided, however that, if no concern is registered as prescribed in subsection (D)(2) of this section, the director may elect not to hold a public hearing.

B.

Time of Hearing. Within 5 working days after acceptance of a completed application, the director shall set a time and place for a public hearing to be held within 45 days.

C.

Manner of Giving Public Notice.

1.

Posted Notice. Within 5 working days after hearing date is set, and no less than 14 days before the date of the public hearing, notice of any requested sponsor's permit shall be conspicuously posted on the abutting property and on the same side of the public street as the abutting property and in both directions from the abutting property to the nearest cross street.

2.

Mailed or Delivered Notice. Within 5 working days after hearing date is set and no less than 14 days before the date of the public hearing, notice of the requested permit shall be mailed or delivered to the applicant and shall also be mailed or delivered as follows: for all sponsor's permits, the notice shall be mailed to all property and business owners which front on the same side of the street as the abutting property, and which are between the abutting property and the nearest cross street in both directions. For all operator permits, the notice shall be mailed to all permittees who hold valid operator or sponsor permits for operations on either side of the same block for which permit is sought. The director may also elect to give notice to other property and business owners which he or she determines might be affected by the granting of any permit.

D.

Contents of Public Notice.

1.

A reference to application materials on file for detailed information.

2.

A statement that any person may, in person or by letter, register a concern in the office of the director which, when made prior to the date set for hearing, will cause a public hearing to be held, and stating the date of that hearing.

3.

A statement that, if no concern is registered in the office of the director prior to the hearing date, no public hearing will be held unless requested by the applicant or required by the director, and the decision on the requested permit will be made by the director upon the information submitted by the applicant subject to the required findings and subject to condition of the director.

4.

In addition, if a sponsor's permit, a description of the location of the abutting property and the purpose of the application.

E.

Public Hearing. The director shall preside over the public hearing and receive testimony for and against an application. A public hearing may be continued without additional public notice.

F.

Decision and Notice. The director, within 10 working days of the conclusion of a public hearing or within 10 working days following the date set for hearing in the notice if no public hearing is required, shall:

1.

Make findings of fact as required by this chapter;

2.

Based on the findings, approve, partially approve or disapprove the application, or approve the application subject to conditions, including without limitation, conditions restricting the hours of valet operation;

3.

Mail notice of the decision to the applicant and any other person requesting such notice.

(Ord. 6706 § 6, 1997)