Should the person seeking a license under this chapter disagree with the Clerk’s determination, the applicant must file a notice of non-acceptance with the City Attorney’s office within ten (10) working days of receipt of the notification of denial.
A. The City shall, within five (5) working days following receipt of the notice of non-acceptance, apply to the Superior Court for a judicial determination as to whether the applicant’s license was properly denied. The burden of showing that the applicant’s license was properly denied shall rest on the City.
B. If a preliminary judicial determination sustaining the City’s denial of the subject license is not obtained within five (5) working days from the date the complaint is served, an interim license shall be issued under this chapter by operation of the law. The interim license shall issue in any event if a final judicial determination on the merits is not obtained within twenty (20) days from the date the complaint is filed. In such case, the interim license will remain in effect until a final judicial determination on the merits is reached; provided, however, that any delays caused or requested by the applicant shall be excluded from the above-mentioned twenty-day period.