(a) Any applicant or mobile food vendor license holder who believes that they are adversely affected by the City Clerk’s action on an application or a mobile food vendor license may file a protest appeal with the City Manager. All protest appeals must be received by the City Manager’s office within five (5) business days of the date of the applicant’s receipt of notice of the City Clerk’s action being protested. The appeal may be hand delivered, delivered by mail, by email, or by facsimile and must comply with all requirements of this section. If the fifth day is a City-recognized holiday, the deadline for appeal shall be the next business day. It is up to the protester to choose a method of delivery to assure timely receipt by the City Manager’s Office.

(b) The protest appeal must be in writing and shall include the following information:

(c) Rejection of Appeal. The City Manager shall reject untimely or incomplete appeals. Such rejection shall be final and may be appealed to the Superior Court pursuant to the Alaska Rules of Appellate Procedure.

(d) License Denial. If a timely and complete protest appeal is filed based on the denial of an application for a license, the license shall not be issued until the City Manager has issued a written decision to grant the license.

(e) License Restriction or Revocation. If a timely and complete protest appeal is filed, the restriction or revocation shall be stayed until the City Manager has issued a written decision, unless the City Manager determines in writing that health or safety issues necessitate an immediate revocation.

(f) The Record—City Manager Decision. The City Clerk shall provide a copy of the applicant’s or license holder’s file or electronic file to the City Manager. The record consists of the applicant’s or license holder’s file or electronic file and the appellant’s protest appeal. Based on the record, the City Manager shall issue a written decision to the appellant within ten (10) business days of the date that the appeal was received, with copy to the City Clerk. For good cause shown, the City Manager may extend the date for the written decision for such additional period as may be necessary, not to exceed thirty (30) additional days. Copies of the appeal and decision shall be provided to any interested party requesting one.

(g) Appeal to Superior Court. Appeals may be taken to the Kenai Superior Court from the written decision of the City Manager within thirty (30) days of the date of the decision pursuant to the Alaska Rules of Appellate Procedure.