§ 31A.06. Appeal from Action of Division.

If the division determines that it may not issue a permit to the applicant under the provisions of this chapter, without specific authorization from city council, or under the provisions of section 31A.02 relating to incomplete applications or applications not accompanied by the required fee, the division shall notify the applicant of the division's intention to deny the permit. Such notice shall include a copy of this chapter and the reason(s) for the denial of the permit. The applicant shall have the right to appeal the division's determination to deny the permit to the city council by filing with the city clerk a notice of appeal within ten (10) days of receipt by applicant of notice of intent to deny.

If an applicant appeals a determination by the division to deny a permit based on failure to submit a properly completed application or for failure to submit the required fee, city council, within fifteen (15) days of such appeal, shall hold a public hearing to determine whether such application is sufficiently complete to comply with the requirements of section 31A.02 and/or the required fee was submitted therewith, city council shall direct the division to process such application. If city council shall determine that such application is not sufficiently complete to comply with the requirements of section 31A.02, or that the required fee was not submitted therewith, city council shall direct the division to issue a notice of final denial of such application for permit; provided, however, if city council finds that the defects in the application or the failure to pay the required fee were the result of excusable neglect or inadvertence on the part of the applicant, city council may grant the applicant a specific time period in which to submit a properly completed application and/or submit the required fee.

If an applicant appeals a determination by the division to deny a permit based on any grounds other than an incomplete application or failure to submit the required fee, city council, within fifteen (15) days of such appeal, shall hold a public hearing to determine whether issuance or renewal of the permit would be detrimental to the public health, morals, safety and welfare. In determining whether issuance or renewal of the permit would be detrimental to the public health, morals, safety and welfare, city council shall consider whether the factor(s) which caused the division to not issue a permit without specific authorization from city council are related to the use or operation by the applicant or an interested party thereof of the establishment for which a permit application is made or the use or operation by the applicant or an interested party thereof of any other establishment's patrons or employees, or of persons residing or doing business nearby. If city council determines that a factor which caused the division not to issue a permit thereof of the establishment for which a permit application is made or the use or operation by the applicant or an interested party thereof of any other establishment and that such factor evidences a flagrant disregard for the health, morals, safety or welfare of such establishment's patrons or employees, or of persons residing or doing business nearby. If city council determines that a factor which caused the division not to issue a permit without specific authorization from city council is related to the use or operation by the applicant or an interested party thereof of the establishment for which a permit application is made or the use or operation by the applicant or an interested party thereof of any other establishment and that such factor evidences a flagrant disregard for the health, morals, safety or welfare of such establishment's patrons or employees, or of persons residing or doing business nearby, city council shall direct the division to issue a notice of final denial of such application for permit. In the event an application is finally denied, applicant shall have the right to appeal such denial to the court having jurisdiction of such matters under the Constitution and laws of the State of Florida. If the city council determines that one of the factors which caused the division not to issue a permit without specific authorization from city council is related both to the use or operation, by the applicant or an interested party thereof, of the establishment for which a permit application is made or the use or operation by the applicant or an interested party thereof of any other establishment and that such factor (does not) evidence a flagrant disregard for the health, morals, safety or welfare of such establishment's patrons or employees, or of persons residing or doing business nearby, city council shall direct the division to issue a permit to such applicant forthwith.

(Ord. of 1-7-1980, § 1)