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Section 5. Appeal from a Notice of Denial or Revocation of Quick Service <br /> Probationary License <br /> A. Appeal from Notice of Revocation or Notice of Denial. If the City Clerk determines <br /> that there are grounds for denying or revoking a Quick Service Probationary License <br /> pursuant to this Ordinance,the City shall institute the denial or revocation by the delivery <br /> of a Notice of Denial/Revocation pursuant to EMC 5.04.070-080. The denial or revocation <br /> shall become effective if the owner does not file an appeal within 10 days of receiving the <br /> Notice of Denial/Revocation as set forth in EMC 5.04.070-080. A party appealing a denial <br /> or revocation cannot challenge the validity of any infraction that has become final before <br /> the date of the Notice of Denial/Revocation. <br /> B. Content. Form and Procedure of Appeal. <br /> The Notice shall be in writing and include at least the following: <br /> 1. A caption reading: "Appeal of Notice of ," giving the name of the <br /> appellant and the name of the Quick Service Facility; <br /> 2. A brief statement specifically identifying what is being appealed, together <br /> with any material facts claimed to support the contentions of the appellant; <br /> 3. A brief statement of the relief sought, and the reasons why the revocation or <br /> denial of a Quick Service Probationary License should be reversed, modified or <br /> otherwise set aside; <br /> 4. The current address of the owner/appellant; <br /> 5. Current contact information; and <br /> 6. A verification, by declaration under penalty of perjury, made by the <br /> owner/appellant as to the truth of the matters stated in the appeal. <br /> C. Stay of Denial/Revocation Pending Appeal. A Quick Service Probationary License <br /> denial or revocation will be stayed and will not become effective upon the filing of a timely <br /> appeal and will remain stayed during the pendency of the appeal. The stay shall be lifted <br /> ten days after the appeal is denied or on the day a pending appeal is dismissed,whichever <br /> is sooner. In addition,the City may seek to have the stay lifted if an additional violation of <br /> the dress requirement occurs during the pendency of the appeal. The City shall make this <br /> request by filing a motion before the hearing examiner identifying the specifics of the new <br /> violation. The City's request shall be granted upon a finding by the hearing examiner that <br /> another violation of the Dress Requirement has occurred. <br /> 7 <br />