§ 13-46. Appeals of License Denials, Suspensions or Revocations.  


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  • A. 
    All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend or revoke a permit shall specifically state the requirements not met and any other basis for the decision. After denial of an application, or denial of a renewal of a license, or after suspension or revocation of a license, the applicant or licensee may appeal to the Borough Council pursuant to the Local Agency Law, 2 Pa.C.S.A. §§ 105, 551 et seq. and 751 et seq., as amended. The Council will then hold a Local Agency Law hearing within 20 days from the date the appeal is filed and will render a written decision within 10 days from the date such hearing concludes. Any such appeal must be filed, in writing, with the Borough Manager within 10 days from the date of mailing of the decision appealed from. Failure to file an appeal with the Borough Manager within the above-mentioned time period shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. In the case of a denial of a license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of: (a) the expiration of the ten-day appeal period without filing an appeal; or (b) the date of a decision dismissing any appeal.
    B. 
    Any person aggrieved by a decision of the Borough Council may appeal to a court of competent jurisdiction. The Borough shall, upon filing of such appeal, consent to any request by a license applicant or licensee to the court to give expedited review of such appeal. The Borough shall certify any record to the court within 20 days of any request by the court to do so.