Subject: 10270/CityCode/11-422(e),426&435/adult establishments Date: Wed, 15 Feb 1995 16:49:24 -0500 ORDINANCE NO. 10270 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 11, RELATIVE TO ADULT- ORIENTED ESTABLISHMENTS. ______________________________ SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Part II, Section 11-424(b) be and hereby is amended by deleting the second sentence thereof up to and including the colon and inserting in lieu thereof the following: An applicant for a license shall furnish the following information under oath: SECTION 2. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Chattanooga City Code, Part II, Section 11-424(b) be and hereby is amended by deleting subsection (b)(13) in its entirety and inserting in lieu thereof the following: (13) If the applicant is a corporation, the application shall specify the name, address and telephone number of the corporation, the date and state of incorporation, the name and address of the registered agent for service of process of the corporation, the names and addresses of the officers and directors of the corporation, and the names and addresses of any persons holding fifty percent (50%) or more of the stock of the corporation; if the applicant is a partnership, the application shall specify the name and address of the partnership, the name and address of all general partners of the partnership; if the partnership is a limited partnership, the application shall specify the name and address of all general partners who have a controlling interest in the partnership. 0C SECTION 3. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, be and hereby is amended by adding a new section 11-438 as follows: A711-438. Denial of Applications or Renewals. (a) As used in this section, "application" shall mean (i) an application for a license, (ii) an application for a permit, (iii) an application for a license renewal, and (iv) an application for a permit renewal. (b) Whenever an application is denied, the City Treasurer shall notify the applicant in writing of the reasons for such action; such notice shall also advise the applicant of the applicant's right to request a hearing before the City Council. If the applicant desires to request a hearing before the City Council to contest the denial of an application, such request shall be made in writing to the Clerk of the City Council within ten (10) days of the applicant's receipt of the notification of the denial of the application. If the applicant timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the Clerk's receipt of such request before the City Council at which time the applicant may present evidence as to why the application should not be denied. The City Council shall hear evidence concerning the basis for denial of the application and shall affirm or reverse the denial of an application at the conclusion of said hearing; any such hearing shall be concluded no later than twenty-two (22) days after the applicant's receipt of notification of denial of an application, unless an extension beyond such time period is requested by the applicant and granted by the City Council. (c) If the City Council affirms the denial of an application, the Office of the City Attorney shall institute suit for declaratory judgment in a court of record in Hamilton County, Tennessee, within five (5) days of the date of any such denial seeking an immediate judicial determination of whether such application has been properly denied under the law. SECTION 4. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Section 11-424(d), be and hereby is amended by deleting said subsection in its entirety and redesignating subsection 11-424(e) as 11-424(d). SECTION 5. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Section 11-427(d), be and hereby is amended by deleting said subsection in its entirety and redesignating subsection 11-427(e) as 11-427(d). SECTION 6. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Section 11-431, be and hereby is amended by adding a new subsection (g) as follows: (g) Notwithstanding anything herein to the contrary, any application for renewal of a license or for renewal for a permit shall be handled, investigated and approved or denied within the same time periods as those established in this Article for original license applications and permit applications. In the event a license renewal application or permit renewal application is denied, the applicant shall have all rights of appeal to the City Council as set forth in A711-438 of this Article. SECTION 7. BE IT FURTHER ORDAINED that Chattanooga City Code, Part II, Section 11-432, be and hereby is amended by deleting subsections (b) and (c) in their entirety and inserting in lieu thereof the following: (b) Notwithstanding anything herein to the contrary, before revoking or suspending any license or permit, the Mayor shall give the license holder or permit holder not less than ten (10) nor more than twenty (20) days' written notice of the charges against such license holder or permit holder and of the revocation of such license or permit, or of the period of time such license or permit is to be suspended; such notice shall also advise the license holder or permit holder of the license holder's or permit holder's right to request a hearing before the City Council. In the event the license holder or permit holder does not request in writing a hearing before the City Council within the time set forth in such notice, the suspension or revocation shall be effective beginning the date set forth in such notice. If the license holder or permit holder desires to request a hearing before the City Council to contest the suspension or revocation, such request shall be made in writing to the Clerk of the City Council within ten (10) days of the license holder's or permit holder's receipt of the notification from the Mayor. If the license holder or permit holder timely requests such a hearing, the effective date of a suspension or hearing shall be stayed pending the final outcome of judicial proceedings to determine whether such license or permit has been properly revoked or suspended under the law. If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within fifteen (15) days of the Clerk's receipt of such request before the City Council at which time the license holder or permit holder may present evidence as to why the suspension or revocation is improper or contrary to the provisions of this Article. The City Council shall hear evidence concerning the basis for such suspension or revocation and shall affirm or reverse the suspension or revocation at the conclusion of said hearing; any such hearing shall be concluded no later than twenty-two (22) days after the license holder's or permit holder's receipt of notification of the suspension or revocation, unless an extension beyond such time period is requested by the license holder or permit holder and granted by the City Council. (c) If the City Council affirms the suspension or revocation, the Office of the City Attorney shall institute suit for declaratory judgment in a court of record in Hamilton County, Tennessee, within five (5) days of the date of any such affirmation seeking an immediate judicial determination of whether such license or permit has been properly revoked or suspended under the law. SECTION 8. BE IT FURTHER ORDAINED that this ordinance shall take effect two weeks from and after its passage as required by law. PASSED on Third and Final Reading August 1, 1995. s/s_________________________________ CHAIRPERSON APPROVED: __X___ DISAPPROVED:_______ DATE: ____________, 1995. s/s_________________________________ MAYOR