No adult-related establishment shall operate or remain open for business between the hours of ten p.m. and eight a.m. of the following day.
An applicant for an establishment permit of an establishment permittee may apply in writing to the chief of police for an exemption from the hours of operation specified by this section. The application shall state the name and address of the establishment and of the applicant or permittee; the proposed hours of operation; and a detailed statement of all facts, circumstances and reasons for the proposed exemption.
Within fifteen (15) days of receipt of the exemption application, the chief of police shall forward the application to the city manager, together with a recommendation as to whether the application should be granted, in whole or in part, or should be denied. The chief of police may also make recommendations as to the imposition of reasonable conditions should the application be granted.
The city manager shall act upon the exemption application within fifteen (15) days of its receipt from the chief of police. The city manager shall grant the application, in whole or in part, if the applicant presents sufficient evidence to support findings that the prescribed hours of operation will cause or have caused the applicant financial hardship, and that exemption of the applicant from the prescribed hours will not endanger the public peace, health, safety or general welfare. The city manager shall not grant the exemption application, in whole or in part, if the establishment is or has become a public nuisance, or if granting the exemption to the specific establishment will endanger the public peace, health, safety or general welfare, or if facts exist which would justify the denial or revocation of a permit under this chapter. In determining whether to grant or deny the exemption application, the city manager shall have the authority to grant the application in part by specifying hours different than those requested, and shall additionally have the authority to grant the application with reasonable conditions related to the public peace, health, safety or general welfare. The decision of the city manager shall within five days be mailed to the applicant or permittee.
Any applicant or permittee aggrieved by the decision of the city manager relating to the granting or denial of the exemption application may, within ten (10) days after the date of mailing of the decision of the city manager appeal to the city manager by the filing of a written notice thereof with the city clerk. If such appeal is not filed within ten (10) days, the decision of the city manager shall be final. The appeal shall be heard utilizing the procedures specified in Section 5.04.110(A) of this chapter. (Prior code § 28.06.090)