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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />permittee with notice of a written order of suspension or nonrenewal, which shall be effective <br />immediately if personally served or after same has been deposited with the United States Postal <br />Service. <br />D. The determination of the Chief of Police with regard to a suspension or <br />nonrenewal of a dance permit shall be appealable to the City Council in the manner and time set forth <br />in Section 5.23.080. <br />E. A written order of suspension shall be deemed a revocation of the permit to <br />which it relates unless the pernrittee, within ten (10) calendar days after receiving notice pursuant to <br />subsection C, above, files an appeal from the written order in the manner set forth in Section <br />5.32.080. A written order of nonrenewal shall be deemed final upon the expiration of the prior permit <br />unless the permittee, within ten (10) calendar days after receiving notice pursuant to subsection C, <br />above, files an appeal from the written order in the manner set forth in Section 5.32.080. <br />F. When an appeal is taken, the order shall be stayed pending a determination <br />thereon by the Mayor and City Council. <br />5.32.080 Permit --Appeals. <br />A. Any applicant aggrieved by a decision of the Chief of Police with reference <br />to the issuance, conditional issuance, denial, nonrenewal, suspension or revocation of a permit <br />may appeal the matter to the Mayor and City Council in accordance with the following provisions: <br />I . Within ten (10) calendar days after written notice is provided, the <br />applicant may demand a hearing before the Mayor and City Council as to why the application <br />should or should not be denied, renewed, issued with conditions, suspended or revoked. <br />2. Such appeal shall be presented in writing to the City Clerk along <br />with a statement of the reasons for the appeal. Upon receipt of the written appeal, the City Clerk <br />shall schedule the matter before the City Council. Such appeal shall be heard by the City Council <br />within thirty (30) days of the receipt of the written appeal by the City Clerk. <br />3. At the time set for such hearing, the Mayor and City Council shall <br />hear the applicant for the permit, who may present any facts to show why such permit should or <br />should not be denied, renewed, issued with conditions, suspended or revoked, and shall hear from <br />other persons who may attend the hearing and present reasons why the permit should or should <br />not be denied, renewed issued with conditions, suspended or revoked. <br />4. At the close of the public hearing, the Mayor and City Council shall <br />determine from the facts produced at the hearing, and from any other facts presented, whether or <br />not the permit should be denied, renewed, issued with conditions, suspended or revoked, and shall <br />adopt a written resolution accordingly. <br />5. The City Clerk shall serve written notice of the action of the Mayor <br />and City Council to the applicant within ten(10) calendar days of such decision. <br />5.32.090 Persons Employed as Dancing Partners --Unlawful. It shall be unlawful for any <br />person, corporation or association of persons to employ any person at a salary or on a commission, <br />or for anything of value, directly or indirectly whose duty or business it is or shall be to dance with <br />or act as dancing partners at any dine and dance club, nightclub, public dance, dance club or public <br />dance hall or for any person to engage in such employment. <br />RVPUB\MXM\521810 <br />