§ 3.30.100. Appeal Procedure.

a.

Unless otherwise specified by this Chapter, any applicant or licensee aggrieved by the denial, suspension, modification, revocation or imposition of additional conditions, of an entertainment establishment or teen club license may file with the City Clerk a written notice of appeal to the City Council within ten (10) business days of the decision by the Chief of Police or his/her designee. 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, modification, revocation or imposition of additional conditions 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 thirty days from the date of the filing of the Notice of Appeal with the City Clerk. Any appeal shall stay the suspension, modification or revocation of the license until the matter is heard by the City Council.

c.

The City Council may approve the denial, suspension, modification, revocation, or imposition of additional conditions, overrule the denial, suspension, modification, revocation or imposition of additional conditions or modify the decision of the Chief of Police.

d.

In any hearing before the City Council pursuant to this section, a certified copy of a conviction from any local, state, or federal court for any violation, is prima facia evidence of such violation of the provisions of Section 3.30.090 of the Code of the City of Wichita.

e.

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. 48-352, § 12, 3-23-09; Ord. No. 50-409, § 7, 1-17-17)