(A) If the City Administrator and/or City Secretary 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 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 Council 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 of Whitesboro City Council may proceed if a quorum of the City Council is present. The City Council shall hear and consider evidence offered by any interest 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 this chapter 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;
(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 or rural 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 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 this chapter until the applicant applies for and receives another exemption.
(G) If the City Council denies the exemption, the applicant may not reapply 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.
(Ord. 884, passed 11- -02)