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(A) If the Director of the Department of Public Safety denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 111.25 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 § 111.25 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 Council may proceed if a quorum is present. The 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 § 111.25 above if it makes the following findings:
(1) That 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) That the granting of the exemption will not violate the spirit and intent of this chapter of the city code;
(3) That the location of the 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) That 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 efforts of urban renewal or restoration; and
(5) That all other applicable provisions of this chapter will be observed.
(E) The 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 Council is final.
(F) If the Council grants the exemption, the exemption is valid for one year from the date of the Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 111.25 above until the applicant applies for and receives another exemption.
(G) If the 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 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 § 111.25 above.
(2005 Code, § 6-2-14)