§ 5.05.017. Appeals.

(a)

Administrative Decisions. Appeals of administrative decisions concerning a privileged license, including denials, suspensions, revocations and grievances, shall be conducted in conformance with the provisions for appeals set forth in title 4. Administrative decisions are those license decisions made by city license office staff, including recommendations from other city departments on which the city license office staff relies in making the decision.

(b)

City Council Decisions. Judicial review of all city council decisions concerning a privileged license shall be sought as follows:

(1)

In accordance with Chapter 34 of the Nevada Revised Statutes.

(2)

Notwithstanding any right to initiate proceedings for judicial review under Chapter 34, the city shall, upon written request for the city to initiate judicial proceedings made by an aggrieved applicant and filed with the city clerk, within five business days of filing of the request, file an action with a court of competent jurisdiction seeking declaratory and/or injunctive relief, including temporary and/or preliminary relief, as to the propriety of the denial to determine the constitutionality of the denial on prior restraint grounds.

(3)

The aggrieved applicant shall make his or her request under subsection (2) within 25 days after the date of filing of the final action or decision with the clerk of the governing body.

(4)

For the purposes of subsections (2) and (3), an aggrieved applicant is a person who asserts in his or her written request for the city to initiate judicial proceedings that the constitutionality of the denial of the application is being challenged on prior restraint grounds under the First Amendment of the United States Constitution or Section 9 of Article 1 of the constitution of the State of Nevada.

(5)

For purposes of subsection (2), business days do not include Saturday, Sunday, or those days declared legal holidays pursuant to NRS 236.015.

(Ord. No. 4765, § 1, 7-8-97; Ord. No. 5020, § 1, 7-6-99; Ord. No. 5416, § 1, 1-14-03; Ord. No. 5718, § 3, 7-6-05; Ord. No. 5814, § 1, 3-22-06)