§ 26-268. Exemption from location restrictions.

(a)

If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 26-267 of this article, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 26-267.

(b)

If the written request is filed with the city secretary within the ten-day limit, the city council shall consider the request at a public hearing. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.

(c)

The council shall hear and consider evidence offered by any interested 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 Section 26-267 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 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 blight;

(3)

That the location of the proposed 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

(4)

That all other applicable provisions of this article will be observed.

(e)

Failure of the council to reach a majority vote shall result in denial of the requested 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 council grants the exemption, the exemption is valid for one year from the date of the council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 26-267 until the applicant applies for and receives another exemption.

(g)

If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board's action.

(h)

The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 26-267. The grant of an exemption does not exempt the applicant from the provisions of section 26-267 prohibiting substantial enlargement of a sexually oriented business.

(Ord. No. O-01-15 , § I, 1-12-2015)