Subject: 9980/CityCode/11-421/AppealProcedures-AdultEntertainment
Date: Thu, 26 Aug 1993 16:14:48 -0500


                              ORDINANCE NO.   9980 
                  
                  
                   AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE,
                   PART II, SECTION 11-421, ET SEQ. TO REVISE
                   THE APPEALS PROCEDURES OF LICENSE DENIALS.
                  
                  
                            _________________________
                  
                  
       	    	 WHEREAS, the City Council of the City of Chattanooga
       after observing the experiences of other municipalities which 
have
       considered the secondary effects of adult-oriented establishments 

       upon the quality of urban life in this community; and
       	    	 WHEREAS, the City of Chattanooga desires to adopt
       "content neutral, time, place and manner" regulations which are
       designed to serve a substantial governmental interest and allow
       for reasonable alternative avenues of communication within this
       city; and
       	    	 WHEREAS, the City of Chattanooga has relied upon its own
       experience in regulating adult-oriented establishments here in
       this city and in other cities such as Louisville, Kentucky, and
       the State of Indiana; and
       	    	 WHEREAS, the continued operation of adult-oriented
       establishments, including adult cabarets and showbars, would be
       detrimental to the general welfare, health and safety of the
       citizens of the City of Chattanooga;
       	    	 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
       THE CITY OF CHATTANOOGA, TENNESSEE:
0C
       	    	 SECTION 1.  That Section 11-424(d) of the Chattanooga
       City Code be deleted in its entirety and the following 
substituted
       in lieu thereof:
            	 (d)  Whenever an application is denied or held for
            further investigation, the City Treasurer shall advise
            the applicant in writing of the reasons for such action. 
            If the applicant requests a hearing within ten (10) days
            of receipt of notification of denial, a public hearing
            shall be held thereafter before the City Council at
            which time the applicant may present evidence as to why
            his license should not be denied.  The City Council
            shall hear evidence as to the basis of the denial and
            shall affirm or reject the denial of an application at
            the hearing.  If any application for an adult-oriented
            establishment license is denied by the City Council and
            no agreement is reached with the applicant concerning
            the basis for denial, the City Attorney shall institute
            suit for declaratory judgment in the Chancery Court of
            Hamilton County, Tennessee, within five (5) days of the
            date of any such denial and shall seek an immediate
            judicial determination of whether such license or permit
            may be properly denied under the law.
           
           
       	    	 SECTION 2.  That all references within Chattanooga City
       Code, Sections 11-421, et seq. to the terms "board of
       commissioners" shall be deleted in their entirety and the term
       "city council" shall be substituted in lieu thereof.
       	    	 SECTION 3.  That this Ordinance shall take effect two
       (2) weeks from and after its passage as provided by law.
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       PASSED on Third and Final
       Reading November 23, 1993.    
s/s_________________________________
       	    	      	   	     	         CHAIRPERSON
      
       	    	      	   	     APPROVED: ______ DISAPPROVED: ______
      
       	    	      	   	     DATE: November 24, 1993
      
       	    	      	   	     s/s_________________________________
       	    	      	   	     	       	    MAYOR
       PAN:cjc