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RESOLUTION NO. 2009- 04 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ADOPTING GUIDELINES FOR APPEALS FROM TITLE 9 LICENSE DENIAL, SUSPENSION, OR REVOCATION; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the City Council has recently approved of appeals from denial, suspension, or revocation of various licenses in Moscow City Code Title 9; and WHEREAS, the Council wishes to standardize the procedures regarding such appeals by adopting guidelines for appeals from Title 9 license denials, suspensions, or revocations; and WHEREAS, the City Council believes that the consistency and fairness of such guidelines are important in preserving the due process tights of all involved parties; and WHEREAS, the Council believes that such guidelines are fair, balanced, and provide the appropriate safeguards for the consideration of decisions made by City staff regarding Title 9 licenses when they are denied, suspended, or revoked; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: The City hereby adopts the following guidelines for appeals from Title 9 license denials, suspensions, or revocations unless other and/or additional procedures are set out in the relevant Chapter of Title 9: GUIDELINES FOR CONSIDERATION OF APPEALS FROM TITLE 9 LICENSE DENIAL, SUSPENSION, OR REVOCATION Testimony, evidence, and argument may be received by the Council from the appellant or his or her representative, and from staff. The Chair will detennine how much time should be given to present evidence and argument. Fairness is the overriding principle in considering allotment of time. After a point has been made, it need not be made again. I. Order of Proceedings A. Staff gives a brief recap of events, procedure, and decision. B. Appellant (who has the burden of proof) presents evidence and argument. RESOLUTION- 2009-04 GUIDELINES fOR APPEALS PAGE I OF2 ---PAGE BREAK--- C. Staff presents evidence (and argument, if any). D. Consideration should be given to whether appellant should be allowed time to recap, rebut or explain. lf so, this should be limited to a very short pe1iod of time. E. After the receipt of evidence and argument, members of the Council may ask questions of appellant and staff. ll. The Decision A decision based upon the facts, evidence, and argument presented should be made to: A. Uphold the Staff's decision; or B. Remand to the Staff for further consideration (with or without or C. Approve the license. III. Findings The Council should state the reasons for their decision when the decision is made. IV. Scope of Appeal Consideration should be limited to whether or not the City's Staff interpreted the relevant provisions of the City Code correctly and whether Staff made a proper decision based upon the facts presented to them. PASSED AND APPROVED by the Mayor of the City of Moscow, Idaho, this 2nd day of March, 2009. RESOl.lJTION • 2009 • 04 GtHDELJNES fOR APPEALS Nancy PAGE 2 OF2