§ 33-31. Objection to restrictions; posting; hearing.

An applicant may object to any restrictions imposed pursuant to section 33-30. All such objections must be in writing and delivered to the director of excise and licenses no more than ten (10) days after delivery of the written report which enumerated the conditions that make restrictions on a license necessary. Failure to make written objections within the ten (10) days shall be deemed acceptance of the restrictions. Upon receipt of written objections to the restrictions the director of excise and licenses shall:

(a)

Schedule a public hearing concerning the restrictions. This hearing shall be not less than forty (40) days from the date of receipt of the written objections to restrictions. The director shall designate the neighborhood being affected by such application. The designation of the geographical extent and boundaries of such neighborhood shall be within the sole discretion of the director.

(b)

The director shall require public notice of the hearing concerning restrictions on the license to be given by the posting of a notice of the public hearing. The posting shall be for a period of not less than thirty (30) consecutive days in advance of the public hearing. The posting shall be in a conspicuous place on the premises whereon the facility is proposed to be operated, legible from the public street or public way (other than an alley) nearest to such premises. This public notice shall contain the following information: (i) the name and address of the applicant, (ii) the designated neighborhood, (iii) that the hearing concerns restrictions to the lodging license, (iv) that the applicant objects to some or all of the restrictions, and (v) the time and place of the public hearing on the application. Such posted notice of the public hearing shall be displayed on a sign or signs, in number, size and location as prescribed by the director.

(c)

At the time and place specified in the notice, or at such other time to which the hearing may be continued by the director, the director or any hearing officer shall receive petitions and hear such information and evidence as may be offered by the applicant and residents of the designated neighborhood concerning the conditions in the neighborhood that promote violations of law on the premises requesting a license and the effect the issuance of the license without the restrictions would have on the health or welfare or morals of the designated neighborhood. For purposes of this section, the word resident shall mean residents of the designated neighborhood and all owners or managers of businesses located in the designated neighborhood. Admissibility of evidence, exhibits and petitions shall conform with the general rules of evidence.

(d)

The imposition or nonimposition of any restriction on the license shall rest within the sole discretion of the director after evidence has been presented during such public hearing. In making the decision, the director shall consider all of the items shown above in subsection (c).

(Ord. No. 436-97, § 1, 7-7-97)