(A)   Within 20 days of the date of denial of an application for a tattoo license, the applicant may request, in the form of a written application to the City Clerk, a hearing before the City Council for reconsideration of his or her license application or for a variance of any of the provisions of this chapter, the violation of which provision constituted grounds for the original denial of the application. Such hearing shall be conducted as follows.
      (1)   At the hearing, the applicant and his or her attorney may present and submit evidence on the applicant’s behalf to show that the grounds for the original denial no longer exist.
      (2)   After reviewing an applicant’s evidence, the City Council shall determine whether to sustain the denial or grant the application for the license.
      (3)   At the hearing, the applicant and his or her attorney may present a statement and adequate evidence showing that:
         (a)   There are exceptional or extraordinary circumstances or conditions applying to the proposed tattoo parlor referred to in the appeal application submitted to the City Clerk, which circumstances or conditions do not apply generally to any proposed tattoo parlor; or
         (b)   The granting of such tattoo license will not, under circumstances of the particular case, materially affect adversely the health, safety or welfare of the persons residing or working in the neighborhood, or attending any tattoo parlor, and will not under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to the immediate neighborhood or the city at larger.
   (B)   In all cases where City Council grants a variance of any provision of this chapter, City Council shall find that:
      (1)   The granting of the variance, under such conditions as Council may deem necessary or desirable to apply thereto, will be in harmony with the general purpose and intent of this chapter; and
      (2)   It will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(Prior Code, § 40-99) (Ord. 993, passed 6-5-1995; Ord. 1477, passed 6-17-2019)