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TITLE 3 BUSINESS REGULATIONS

CHAPTER 4 BEER AND WINE

SECTION 3-4-5 DENIAL, REVOCATION, AND PROCEDURES FOR APPEAL

   
  (A)          Record of Proceedings: In cases where the City Council is considering applications for licenses, transfers or renewals thereof, a transcribe-able, verbatim record of the proceedings shall be made. If the applicant for a license, transfer or renewal is denied, the record of the proceedings shall be kept for a period of no less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for the retention of the record, any person may have the record transcribed at their own expense.
   
  (B)           Denial: Whenever the Mayor and City Council deny an application, they shall specify in writing:
   
  (1)   The statutes, ordinances and standards used in evaluating the application;
  (2)   The reason for the denial; and
  (3)   The actions, if any, that the applicant could take to obtain the license, transfer or renewal thereof.
   
  (C)          Refusal of License; Appeal: The City Council hereby reserves the right to refuse any applications and its actions shall be final. However, any applicant denied a license, transfer or renewal may, within twenty-eight (28) days, after all remedies have been exhausted under city ordinances and procedures, seek judicial review under the procedures provided in Idaho State Code Title 67, chapter 52, and for such purposes a city shall be construed to mean an agency.
   
  (D)          Revocation of License; Appeal: Any licensee convicted of a violation of any law of the State or ordinance of the City relative to the illegal selling of beer or other intoxicants, the Mayor and City Council, after notice and hearing, shall revoke the license. Any person who is aggrieved by the action of the City Council in the revocation of said license to sell beer and wine may, upon notice of the City Clerk of such action, appeal the decision to the District Court within twenty-eight (28) days as provided by Idaho State Statute.