(A) All existing enterprises that were not previously required to obtain permits shall submit a complete application for a SOBP pursuant to these regulations within 60 days of the effective date of these regulations.
(B) An existing enterprise may continue to operate until the City Manager's determination on the SOBP application is final. The SOBP application receipt is required to be displayed in clear view at the premises of a Class I enterprise and is to be readily available at any location at which a Class II enterprise conducts business.
(C) If an existing Class I enterprise is in violation of the location restrictions of § 110.23(E)(4), the enterprise may submit verified proof that the business has not recouped the owner's investment prior to the date of application in lieu of the certification required in that section. The required documentation shall include:
(1) The amount of the owner's investment in the existing enterprise to the date the proof is submitted;
(2) The life expectancy of the enterprise;
(3) The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of the lease;
(4) Proof of the income of the enterprise since it commenced operations and a projection of yearly income. This may be in the form of tax returns or reliable financial statements; and
(5) A proposed schedule for amortization of the investment, to be considered in light of the intent of these regulations.
(D) Upon evaluation of the proof and a finding that a proposed amortization is reasonable under the circumstances, the City Manager shall approve a contingent SOBP. The contingent SOBP shall specifically state the reasons that the SOBP would have been denied but for the fact that the enterprise was in existence prior to enactment of these regulations.
(E) The contingent SOBP shall be renewed only through the amortization period. No SOBP shall be issued for that location beyond that period unless circumstances change so as to bring the enterprise into compliance with these regulations. The contingent SOBP shall be subject to revocation and suspension pursuant to these regulations.
(F) Upon finding that the proposal is not reasonable under the circumstances, the City Manager shall make a reasonable counter proposal or recommendation and the applicant may resubmit a revised proposal within 15-days' notice of the City Manager's determination and counter proposal. If the revised proposal is again found to be unreasonable by the City Manager, the City Manager shall make a final determination to deny the SOBP.
(G) Any enterprise which operates in the area of the city affected by these regulations at the time these regulations become effective shall have 60 days from the effective date to come into compliance with these regulations, subject only to provisions for a contingent SOBP based on location.
(Ord. 02-0521, passed 5-21-2002)