§ 7-72.5. Notice; posting; hearing.

(a)

Upon receipt of an application for a new license under this article, the director shall schedule a public hearing upon the application not less than forty (40) days from the date of receipt of the application; and it shall be the duty of the director to 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. This section shall apply only to applications for new licenses and shall not apply to applications for a permit to conduct a single public dance or public ball.

(b)

The director shall require public notice to be given of the application for a new license, by the posting of a notice of the public hearing, for a period of not less than ten (10) consecutive days, with the first posting to be not less than thirty (30) days in advance of the public hearing, in a conspicuous place on the premises whereon the establishment 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 state the type and class of license applied for, the name and address of the applicant, the designated neighborhood, a brief description of the type of activities for which application is being made or considered and the time when and place where a public hearing will be held on the application; provided that, 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, 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 (which term shall include residents of the neighborhood and all owners or managers of trading or commercial businesses located in the designated neighborhood, and the commander of the police district in which the designated neighborhood is located, or his or her representative) concerning the desires of the residents of the designated neighborhood, the reasonable requirements of the designated neighborhood (including, but not limited to, the cabaret license already granted for establishments within the designated neighborhood), and the effect the issuance of the license would have on either the health or welfare or morals of the designated neighborhood. Admissibility of evidence, exhibits and petitions shall conform with the general rules of evidence.

(d)

The approval or denial of any application for a new license shall rest within the sound 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) as well as all other requirements of this article.

(e)

No application shall be received or acted upon for either a new license or for changing or modifying a presently licensed premises if, within two (2) years next preceding the date the application is tendered to the department of excise and licenses, the director denied an application (including an application for renewal) for any class of cabaret license or any class of license issued under this article at either;

(1)

The location or premises for which application is being made; or

(2)

Any location or premises which is part of, or contained in, the location or premises for which application is being made; or

(f)

A hearing upon application for renewal or change of ownership of the licensed premises may be scheduled at the discretion of the director, either upon the director's own initiative or upon proper complaint to the director, and the procedure, costs and requirements in this event shall be the same as shown in this division for a new license application.

(Ord. No. 251-86, § 1, 4-28-86; Ord. No. 500-01, § 8, 6-18-01)