(A) If the City Secretary denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 115.05, 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 § 115.05.
(B) If the written request is filed with the City Secretary within the ten-day limit, a Permit and License Appeal Board shall consider the request. The Permit and License Appeal Board shall consist of the Mayor, one City Council Member and a third person to be jointly selected by the Mayor and the City Council Member. Such person must live or operate a business within the city. 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 at least two of the Board members are 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 § 115.05 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 contraiy to the public safety or welfare;
(2) That the granting of the exemption will not violate the spirit and intent of this chapter;
(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 Board 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 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. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 115.05 until the applicant applies for and receives another exemption.
(G) If the Board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the Board'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 § 115.05.
(Ord. 310, passed 3-11-2010)