(A) If the City Manager and/or Director of Public Works denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of any section of this chapter, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the Mayor of the city a written request for an exemption from the locational restrictions of this chapter.
(B) If the written request is filed with the Mayor within the ten-day limit, the City Counsel shall consider the request. The Mayor shall set a date for a public hearing within 60 days from the date the written request is received.
(C) A hearing by the City Counsel may proceed if a quorum of the City Counsel is present. The City Counsel shall hear and consider evidence offered by any interest person. The formal rules of evidence do not apply.
(D) The City Counsel may, in its discretion, grant an exemption from the locational restrictions of this chapter 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;
(3) 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 or rural 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 efforts of urban renewal or restoration; and
(5) All other applicable provisions of this chapter will be observed.
(E) The City Counsel 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 Counsel is final.
(F) If the City Counsel grants the exemption, the exemption is valid for one year from the date of the City Counsel’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of this chapter until the applicant applies for and receives another exemption.
(G) If the City Counsel denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the City Counsel’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.
(Ord. passed 12-16-1997)