Amending Various Sections of Chapter 4 Licenses

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(u) Review of action; procedure; appeal to courts. (1) Any action taken by the Commission shall be final, except that any person or applicant may appeal to the Mayor for a review. The Mayor at his discretion may review, amend, modify, affirm or reverse a Commission action. The appeal shall be taken within twenty (20) days after the decision of the Commission complained about is mailed to the applicant or charitable person. Any appeal shall be initiated by filing a written notice of appeal with the Mayor and a copy with the Commission, setting forth the decision appealed from and the reason why appellant feels the decision is erroneous. The Mayor may adopt rules establishing procedures for hearing appeals taken. (2) Any person claiming to be prejudiced by action of the Commission or of the Mayor under this Section may appeal to the St. Joseph County Circuit or Superior Court to reverse such action. The appeal shall be limited to the cliam that the Commission or Mayor has violated theappellant's constitutional rights, has acted in excess of its jurisdiction, or has acted unreasonably, arbitrarily, and beyond the limits of its reasonable discretion. (3) the members of the Commission and the Mayor shall not be liable for damages or for any claim against them as individuals because of action taken by them in performance of their duties under this Section. (4) This Section shall be liberally construed to achieve its purpose. (v) Suspension or revocation of permit; notice; he (1) Whenever it is shown or whenever the Commission has reason to believe that any person registered under this Section has violated any of the provisions thereof, or that any promoter, agent, or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Commission shall immediately suspend the permit and give the permit holder written notice in person or by certified mail return receipt requested, of the suspension and of a hearing to be held within seven (7) days of such suspension to determine whether or not the permit should be revoked. This notice must contain a statement of the facts upon which the Commission has acted in suspending the permit. (2) At the hearing the permit holder, and any other interested persons, shall have the right to present evidence as to the facts upon which the Commission based the suspension of the permit and any other facts which may aid the eommission in determining whether this article has been violated and whether the purpose of the solicitation has been misrepresented. (3) If, after such hearing, the Commission finds that this article has been violated or the purpose of the solicitation has been misrepresented, it shall within two (2) days after the hearing file in its office for public inspection and send to the permit holder by registered mail, or serve him in any manner provided by general law for the service of notices, a written statement of the facts upon which it bases such a finding and immediately revoke the permit. (4) If, after the hearing, the Commission finds that this article has not been violated and the purpose of the solicitation has not been misrepresented, it shall, within two (2) days after the hearing give to the permit holder a written statement canceling the suspension of the permit and stating that no violation or misrepresentation was found to have been committed. (5) In all cases where a suspension of the permit occurs, the Chief of Police shall be notified immediately by the Commission of the suspension or r_evoation of any permit issued under this section. In like manner, the Commissiin shall immediately notify the Chief of Police, subsequent to the hearing of the decision of the Commission. -43-