§ 14-174. Exemption from location restrictions; license appeal board.

(a)

If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of section 14-164, 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 location restrictions.

(b)

If the written request is filed with the city secretary within the ten-day limit, a license appeal board shall consider the request. The city secretary shall set a date for the hearing within 60 days form the date the written request is received.

(c)

There is created a license appeal board. It shall have the power to rule upon the appropriate disposition of applications for exemption from the location restriction for sexually oriented businesses.

(1)

The license appeal board shall consist of five members.

(2)

The city council shall by majority vote appoint five members to the board and may appoint as many as two alternate members.

(3)

Board members shall be appointed to two-year terms.

(4)

All members shall be residents of the city.

(d)

A hearing by the board may proceed only if five of the board members or alternates are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(e)

The license appeal board may grant an exemption from the location restrictions of section 14-164 if it makes the following findings:

(1)

That the location of the 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 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 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.

(f)

In making the findings specified in subsection (e) of this section, the board shall take into account among other things:

(1)

Crime statistics of the location and its 1,400-foot radius, without regard to city boundaries, maintained by the appropriate law enforcement agency of the previous six-month period;

(2)

County appraisal district appraisals for the location and its 1,400-foot radius, without regard to city boundaries, taking into account any decline or increase in property values;

(3)

Vacancy rates of residential, commercial, or office space within the surrounding 1,400-foot radius, without regard to city boundaries; and

(4)

Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal, or restoration for any property located within a 1,400-foot radius, without regard to city boundaries.

(g)

The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption 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 license appeal board is final.

(h)

If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 14-164 until the applicant applies for and receives another exemption.

(i)

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.

(j)

The grant of an exemption does not exempt the applicant from any provisions of this article other than the locational restrictions.

(Ord. No. 95-1, § 1(12-153), 4-18-95)