Clarification of interpretation

Checkout our iOS App for a better way to browser and research.

9-839. Clarification of interpretation

A. An applicant for a license subject to this article may request a municipality to clarify its interpretation or application of a statute, ordinance, code or authorized substantive policy statement affecting the procurement of that license by providing the municipality with a written request that states:

1. The name and address of the applicant requesting the clarification.

2. The statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification.

3. Any facts relevant to the requested ruling.

4. The applicant's proposed interpretation of the applicable statute, ordinance, code or authorized substantive policy statement or part of the statute, ordinance, code or authorized substantive policy statement that requires clarification.

5. Whether, to the best knowledge of the applicant, the issues or related issues are being considered by the municipality in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A, the municipality may meet with the applicant to discuss the written request and shall respond within thirty days of the receipt of the written request with a written explanation of its interpretation or application as raised in the written request. The municipality shall provide the applicant with an opportunity to meet and discuss the municipality's written explanation.

C. The municipality may modify a written explanation provided under subsection B on written notice to the applicant if required by a change in the law that was applicable at the time the clarification of interpretation was issued, including changes caused by legislation, administrative rules formally adopted by the governing body or a court decision.


Download our app to see the most-to-date content.