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to shall refuse to permit the City to examine the books, records and papers under his or her ntrol, or who shall willfully make may incomplete, false or fraudulent return shall be guilty a misdemeanor. 34-14. Use of Proceeds. Ay -five percent (95%) of the proceeds obtained from the collection of taxes pursuant to Chapter shall be used in accordance with Minnesota Statutes 469.190, as the same may be nded from time to time, to fund a local convention or tourism bureau for the purpose of keting and promoting the City as a tourist or convention center. 34-15. Appeals. Any operator aggrieved by a notice, order or determination made by the Director under this Chapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination. The petition for review shall be filed with the City within ten (10) days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review. Upon receipt of the petition, the City Manager, or the Manager's designee, shall set a date for a hearing and give the petitioner at least five (5) days prior written notice of the date, time and place of the hearing. At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represent by counsel of petitioner's choosing at petitioner's own expense. The hearing shall be conducted by the City Manager, or the Manager's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought. The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this Chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the Director. Any decision rendered by the City Manager, or the Manager's designee, pursuant to this subdivision may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the City within ten (10) days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as it is practical. The Council shall then review the 61