98-038 ORD PROVIDING THAT ORDINANCE NO 1710 BE AMENDED BY ADDING ARTICLE SIX OF CHAPTER 21 TO BE NUMBERED SECTIONS 21-125 THROUGH 21-149 OF SAID ORDINANCE

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(e) When the Chief of Police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under Subsection (b)(5) of this section, an applicant may not be granted another license unti) the appropriate number of years required under Sec. 21-129(a)(9)(B) has elapsed. Sec.21-135. APPEAL. If the Chief of Police denies the issuance of a license, or suspends or revokes a license, the Chief of Police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the state district court. An appeal to the state district court must be filed within thirty (30) days after the receipt of notice of the decision of the Chief of Police. The licensee shall bear the burden of proof in court. Sec. 21-136. TRANSFER OF LICENSE. A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. Sec. 21-137. LOCATION OF SEXUALLY ORIENTED BUSINESSES. (a) A person commits an offense if'the person operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of. (1) a church; (2) a school; (3) a child care facility; (4) a boundary of a residential district; (5) a public park; (6) the property line of a lot devoted to residential use; or (7) any building or structure in which alcoholic beverages are offered for sale.