17-1-107. LICENSE HEARING BOARD AND APPEAL PROCEDURES.
(1) There is hereby created the License Hearing Board of West Valley City. The License Hearing Board shall consist of three members appointed by the City Manager with the advice and consent of the City Council. Of the three members of the Board, two must be residents of the City, one must be a City employee, and one must have a substantial interest in a business licensed by the City. Board members shall be appointed for three-year terms and shall serve at the pleasure of the City Manager.
(2) If an appeal is timely submitted to the City Recorder in accordance with this Title, the License Hearing Board shall schedule a hearing and shall provide the appellant and the City with seven calendar days’ notice of the hearing.
(3) The hearing shall be conducted as follows:
a. The City shall make an initial presentation, including any evidence or witnesses;
b. The appellant shall make a presentation, including any evidence or witnesses; and
c. The City shall have an opportunity for final rebuttal.
(4) If either the City or the appellant offers witnesses, both the City and the appellant shall have the opportunity to cross-examine the witnesses.
(5) Any evidence duly submitted to the License Hearing Board may be considered, but the License Hearing Board shall exclude any privileged, irrelevant, or repetitive evidence.
(6) It is the burden of the appellant to prove by clear and convincing evidence that none of the reasons for denial, suspension, or revocation set forth in this Title existed at the time of the denial, suspension or revocation.
a. If the License Hearing Board concludes that the appellant has met this burden, the License Hearing Board shall direct the City to issue or reinstate the business license.
b. If the License Hearing Board does not conclude that the appellant has met this burden, the License Hearing Board shall uphold the City’s decision.
(7) When the License Hearing Board reaches a decision, the License Hearing Board shall direct the prevailing party to draft proposed findings of fact and conclusions of law. The prevailing party shall submit the proposed findings to the License Hearing Board and the opposing party as directed by the License Hearing Board. The opposing party shall submit any objections to the proposed findings to the License Hearing Board and the prevailing party within seven calendar days. Thereafter, the License Hearing Board shall issue a final order.
(8) The appellant or the City shall file any appeal from the decision of the License Hearing Board to the District Court within 30 days of issuance of the final order described in subsection (7) above.