The applicant shall have the right to appeal a denial of a special event permit, or a condition imposed thereby, including the amount of fees or clean-up deposits imposed pursuant to BIMC 12.06.110, or a determination that the applicant’s certificate of insurance does not comply with the requirements of BIMC 12.06.100. A written notice of appeal shall be filed within 10 days from the date of the denial or conditional approval. The written notice of appeal shall set forth the specific grounds for the appeal and attach any relevant documents for consideration. The city council shall hear the appeal on the record provided from the designated city official and upon public comment given at the scheduled hearing before the council. The hearing shall be scheduled no later than 30 days after receipt of a timely and proper notice of appeal. The decision of the city council on the appeal shall be final.
If there is insufficient time for a timely appeal to be heard by the city council prior to the date on which the event is scheduled, the applicant may, at the applicant’s option, request that the city manager hear the appeal. The city manager shall hold a hearing no later than five business days after the filing of the appeal and shall render a decision no later than one business day after the hearing on the appeal is closed. If the appeal is requested and heard before the city manager, the city manager’s decision shall be final. (Ord. 2009-21 § 35, 2009: Ord. 2003-21 § 2, 2003)