§ 3.22.090. Appeal procedure.

(a)

Any applicant or licensee aggrieved by the denial, suspension or revocation of a haunted house, indoor or haunted walk/field, outdoor license may file with the city clerk a written notice of appeal to the city council within ten business days of the decision by the superintendent of central inspection, chief of police or fire chief or their designees. The notice of appeal shall specify:

(1)

The name and address of the appellant;

(2)

The date of application;

(3)

The date of the denial, suspension or revocation of the license or application;

(4)

The factual basis for the appeal.

(b)

Upon receipt of a complete and timely filed notice of appeal, the city clerk shall schedule a hearing before the city council, no later than 20 days from the date of the filing of the notice of appeal with the city clerk. Any appeal shall stay the suspension or revocation of the license until the matter is heard by the city council.

(c)

The city council may approve the denial, suspension or revocation, overrule the denial, suspension or revocation or modify the decision of the superintendent of central inspection, chief of police or fire chief.

(d)

The council's decision may be appealed to the Eighteenth Judicial District Court of the State of Kansas pursuant to K.S.A. 60-2101 and any amendments thereto. Any such appeal to the District Court shall not stay the denial, revocation, modification or suspension of the license by the city council.

(Ord. No. 49-042, § 12, 8-16-2011)