§ 6-90. License review board.

(a)

There is hereby established a license review board.

(b)

The license review board established by this section shall have the following duties:

(1)

To hear deferred applications or appeals from administrative decisions by the business license office with regard to applications for licenses, transfers, renewals, change of ownership or other matters affecting such licenses.

(2)

To hear appeals with regard to issuance or renewal of work permits.

(3)

To hear matters involving any revocation, suspension or other disciplinary action against the holder of any work permit or alcoholic beverage license.

(4)

To consider and act upon any other matters specifically delegated to the license review board by any other county ordinance or resolution or action of the board of commissioners.

(c)

Applicants or licensees shall be given notice of the date, time and place when the license review board will consider the respective matter. If the matter to be considered by the license review board concerns an objection to a new application for a license, which shall not include a change of ownership or licensee, a sign meeting the size and location requirements of section 6-94(b) shall be posted by the business license office at the location giving notice of the date, time and place when the license review board shall consider the application. Such applicant and interested parties shall be afforded the opportunity to be heard by the license review board prior to making its decision.

(d)

The license review board shall have the authority to hear or determine any matter set forth in this chapter and chapter 78 unless specifically prohibited therefrom.

(e)

The license review board other than as hereinafter authorized in section 6-147 shall have no authority or jurisdiction to hear, consider or render decisions of any kind with respect to the suspension, revocation, probation or other disciplinary action against a license or licensee, except for the authority given it in this article with regard to work permits.

(f)

A decision of the license review board related to work permits shall be final and may be appealed in accordance with 6-207(i). Other decisions of the license review board shall be final unless appealed to the board of commissioners within ten days of the date of decision by the license review board. The board of commissioners shall review a summary of the hearing before the license review board within 30 days of the date of the license review board's recommendation to waive the distance requirements of section 6-124 or 6-125 or direct the business license division manager to place the matter down for a hearing and take any authorized action concerning the applicant's requested license. If the board of commissioners opt to review a summary of the hearing before the license review board it may, after such review, place the matter down for a hearing and take any authorized action concerning the applicant's requested license or licenses. No license shall be issued until the board of commissioners has reviewed the summary and made a decision on whether to place the matter down for hearing. In the event the board of commissioners affirms the decision of the license review board to issue a license, the appropriate license or licenses shall be issued.

(g)

The decision of the board of commissioners on an appeal under this article shall be final unless appeal is made to the superior court of the county. Any aggrieved party may appeal a decision of the board of commissioners by filing a petition for writ of certiorari to the superior court within 30 days of the decision of the board of commissioners.

(h)

The license review board shall have no jurisdiction or authority to hear any appeal from or to reverse, modify or set aside any decision of the board of commissioners.

(i)

The license review board shall be composed of four members who shall be appointed by the county manager based on their position within the county and one member who shall be appointed by the sheriff and who shall be a member of the command staff of the sheriff's office. Post 1 shall be a county employee of the finance department, post 2 shall be a county employee appointed at large by the county manager, post 3 shall be a member of the command staff of the sheriff's office, post 4 shall be a county employee from the support services agency, and post 5 shall be a county employee from the public services agency.

(j)

If there is a vacancy in any post on the license review board by virtue of a member resigning, a vacancy by virtue of there being no one filling the office, or at the county manager's discretion to remove a member from a post, then the county manager shall appoint a replacement for the vacant post. If there is a vacancy of the county manager position, the interim county manager shall appoint a person to fill the vacant position.

(k)

The license review board shall meet at such times as necessary, to be determined by such board, and shall render decisions within a reasonable time. Reasonable time for the purposes of this section shall be no longer than 120 days from the date an application is filed.

(l)

The license review board shall select one of its members to serve as chair and one of its members to serve as secretary, to serve at the pleasure of the license review board. Minutes and records of all proceedings shall be kept and maintained in the office of the business license division.

(Ord. of 4-14-87; Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 5-11-93; Ord. of 3-25-97 (eff. 4-1-97); Code 1977, § 3-4-100; Ord. of 8-10-99; Ord. of 5-9-00; Ord. of 1-23-01; Ord. of 1-24-06; Ord. of 7-25-06; Amd. of 2-25-14; Amd. of 2-23-16)

Cross reference

Boards, commissions and authorities, § 2-191 et seq.