(a) If the chief of police denies the issuance of a late-hours permit for a Class A, B, or C dance hall to an applicant because the location of the dance hall is in violation of Section 14-3.1 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 14-3.1.
(b) If a written request is filed under Subsection (a) of this section with the city secretary within the 10- day limit, a permit and license appeal board, created under Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 14-3.1 for a late-hours permit for a Class A, B, or C dance hall, whichever applies, if it finds that:
(1) the location of the proposed dance hall will not have a detrimental effect on nearby property or be contrary to the public safety or welfare;
(2) the location of the proposed dance hall will not downgrade the property value or quality of life in any adjacent area or encourage the development of urban blight;
(3) the location of the proposed dance hall operating under a late-hours permit in the area will not be contrary to any program of neighborhood conservation or interfere with any efforts of urban renewal or restoration; and
(4) all other applicable provisions of this chapter will be observed.
(e) The board shall grant or deny the exemption by majority vote. Failure to reach a majority vote will result in denial of the exemption. Any dispute of fact must be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal board is final.
(f) If the board grants the exemption, the exemption is valid for one year from the date of the board’s action, unless a two-year exemption is granted under Subsection (g) of this section.
(g) Two-year exemptions.
(1) The board, by a majority vote, may grant a dance hall an exemption from the locational restrictions of Section 14-3.1 for a two-year period after the date of the board’s action, if, in addition to determining that the dance hall qualifies for an exemption under Subsection (d) of this section, the board finds that:
(A) the dance hall has been granted an exemption from the locational restrictions of Section 14-3.1 for the three consecutive years preceding the current exemption request;
(B) the applicant has not had any dance hall license suspended, revoked, or denied within the 24 months preceding the exemption request; and
(C) no violations of this chapter have been committed by the applicant, or by any employee of a dance hall of the applicant, within the 24 months preceding the exemption request.
(2) If the board grants a two-year exemption for a dance hall under this subsection, the applicant is still required to annually obtain a dance hall license and a late-hours permit for the dance hall and pay the required license and permit fees in accordance with this chapter. If an annual late-hours permit for the dance hall is denied under Section 14-3.1(c), then the two-year exemption becomes void, and a new exemption must be obtained from the permit and license appeal board.
(h) Upon the expiration of an exemption, a dance hall operating under a late-hours permit is in violation of the locational restrictions of Section 14-3.1, until the applicant applies for and receives another exemption.
(i) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(j) The grant of an exemption for a late-hours permit for a Class A, B, or C dance hall does not exempt the applicant from any provision of this chapter other than the locational restrictions of Section 14-3.1. (Ord. Nos. 21184; 21837; 23137; 24440; 25002)