§ 70-79. Appeal rights.

(a)

Appeal to city manager. If the department denies an application for a service or operator license or renewal for a license, the applicant shall have the right to appeal such decision to the city manager. Such appeal must be filed in writing with the city manager within 20 days of the decision by the department. The city manager, in his/her discretion, will decide whether to grant the license based upon his/her best judgment and on all the information obtained in the application process.

(b)

Appeal to city council.

(1)

If the city manager denies an application for a license or renewal for a license, the applicant shall have the right to appeal such decision to the mayor and council within 20 days of the decision by the city manager. The standards to be applied by the mayor and city council, acting in its judicial capacity to grant or deny a license, shall include whether, in the best judgment of the mayor and council, the applicant, based on all information obtained in the application process, possesses the qualities of sound judgment and discretion necessary for one who performs vehicle immobilization services.

(2)

In addition to the foregoing standards, should any license representative of the applicant fail to attend a meeting at which it is considered before the mayor and city council regarding a new license, a request to change a licensee or a license representative, or a request to relocate the business of a licensee, the mayor and city council may consider such application or request to have been withdrawn by the applicant. The application fee is nonrefundable.

(3)

In determining whether or not any application shall be granted and a license issued, the mayor and city council shall consider the following information in the public interest and welfare:

a.

If the proposed licensee has ever violated any federal, state, county or municipal law or regulation regarding vehicle immobilization or has ever been convicted in this or any country in the past ten years of a felony or crime involving moral turpitude;

b.

The manner in which the proposed licensee has conducted any business within the city as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance or as to the necessity for city action to compel the licensee's adherence to any city law, regulation or ordinance;

c.

Whether the proposed licensee has ever had a vehicle immobilization or related license suspended or revoked by the state or any political subdivision thereof;

d.

Failure to meet state requirements for state license;

e.

Failure to pay the city all required fees and taxes;

f.

Failure to provide valid information, documents and the like required by this article;

g.

False information in the application or attached documents;

h.

Failure to meet any other requirements in this article for a license or any other requirement in any other provision of the Riverdale City Code or Charter; or

i.

The mayor and council may but is not required to grant a city license under this article if all of the prerequisites are met.

(4)

Whenever an application for license is denied by mayor and council, the reasons for such denial shall be stated and entered in writing upon the minutes. Upon denial, the applicant may not re-apply for a license for 24 months after the date of the denial.

(Ord. No. 02-2010, § 1(Exh. A), 1-25-10)