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If the Police Chief denies the issuance or renewal of a license, or suspends or revokes license, the Police Chief shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been suspended or revoked has the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the Police Chief. The applicant or licensee shall bear the burden of proof in court.
(Ord. 12-3-98, passed 12-3-1998)
(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 250 feet of:
(1) A church;
(2) A school;
(3) A boundary of a residential or historic district as defined in this chapter;
(4) A public park;
(5) The property line of a lot devoted to a residential use as defined in this chapter;
(6) A hospital;
(7) Licensed day-care;
(8) Buildings and property owned or leased by the city, county, state or federal government; or
(9) Cemeteries.
(B) A person commits a misdemeanor if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(C) A person commits a misdemeanor if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(D) For the purposes of divisions (A) and (B) above, measurement shall be made in accordance with the city’s zoning ordinance.
(E) For purposes of division (B) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(F) Any sexually oriented business lawfully operating on the passage of this subchapter that is in violation of divisions (A), (B) or (C) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) in nonconforming.
(G) A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, school, licensed day-care center, government building, cemetery or hospital within 250 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 12-3-98, passed 12-3-1998)
(A) If the Police Chief denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 154.082 above, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of § 154.082 above.
(B) If the written request is filed with the City Secretary within the ten-day limit, the City Council 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 City Council may proceed if at least a quorum of the Council members are present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(D) The City Council may, in its discretion, grant an exemption from the locational restrictions of § 154.082 if it makes the following findings:
(1) The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) The granting of the exemption will not violate the spirit and intent of this chapter of the city code;
(3) The location of a proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any effort of urban renewal or restoration; and
(5) All other applicable provisions of this chapter will be observed.
(E) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.
(F) If the City Council grants the exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 154.082 above until the applicant applies for and receives another exemption.
(G) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the City Council’s action.
(H) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of § 154.082 above.
(Ord. 12-3-98, passed 12-3-1998)
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