ORDINANCE NO. 8077

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ESTABLISHING A LICENSING SCHEME FOR CERTAIN ENTERTAINMENT VENUES.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Article 16 of Chapter VI of the Code of the City of Lawrence, Kansas, 2006 Edition and amendments thereto is hereby enacted to read as follows:

Article 16. Entertainment Venue Licensing

6-1601 Findings and Purpose

(A) Findings

The City Commission of the City of Lawrence finds that:

Responsibly managed entertainment venues significantly contribute to the quality of life of the citizens of the City of Lawrence and enhance the vitality of the local economy by creating jobs and attracting patrons from outside of our community.

These benefits, however, do not accrue without potential cost. If due care is not exercised in the design, management and operation of these venues then they may harm the health, safety and welfare of the neighborhoods where they are located and the City as a whole. The existence of a poorly conceived or managed entertainment venue has the clear potential to increase the amount of crime in the area where the venue is located and damage property values in its vicinity. Further, such a venue may become a public nuisance for many reasons, including public disturbances and other crowd management issues.

These problems cause the depletion of public resources because they require sustained and disproportionate attention by law enforcement and other public services. In addition, adjacent retail businesses may be placed at risk due to the public’s concerns about safety or the reluctance to frequent areas where other related problems are present.

Therefore, in order to protect the health, safety and welfare of the public and the City of Lawrence’s neighborhoods and businesses, it is appropriate that entertainment venues be regulated by the following licensing scheme in order to prevent or alleviate the previously mentioned concerns.

(B) Purpose

The purpose of this ordinance is to regulate entertainment venues in order to prevent actions or conditions that harm the health, safety and welfare of individuals, neighborhoods, or the City of Lawrence. The ordinance is meant to alleviate the negative effects associated with improperly organized or managed entertainment venues and does not regulate based upon the content of any entertainment’s expressive conduct.

6-1602 Unlawful entertainment venue

(A) It shall be illegal for any property to be used as an unlawful entertainment venue as defined by this article.

(B) In the event that a property is used as an unlawful entertainment venue, each of the following individuals shall be deemed to have committed a public offense:

1. The owner or owners of the unlawful entertainment venue.

2. Each manager or supervisor of the unlawful entertainment venue who is on duty at the time the entertainment activities occur.

3. In the absence of any identifiable on duty manager or supervisor, or owner of the entertainment venue, any employee on duty in the unlawful entertainment venue at the time the entertainment activities occur.

4. Any person who schedules, organizes, or assists in the scheduling or organization of the unlawful entertainment activities. It shall be an affirmative defense to liability under this subsection if such person had a reasonable belief that the entertainment venue was properly licensed under this article at the time of the scheduling or organization of the unlawful entertainment activities, provided that he or she formed the reasonable belief based upon good faith investigation.

(C) Any person found guilty of committing a public offense under this section shall be punished by a fine not to exceed $1000 or a jail term not to exceed 90 days, or both such fine and jail time.

(D) Each day a violation of this section occurs shall give rise to separate and independent public offenses.

6-1603 Definitions

(A) Banquet rooms, conference rooms and classrooms means:

(1) Rooms in hotels, banquet facilities, conference facilities, educational facilities and other similar structures that are made available to members of the general public to rent for educational or social purposes. In order for a room or area to meet this definition for any given individual rental period, each of the following conditions must be met:

(a) The only entertainment activities being conducted consist of recorded audio or video presentations, whether or not an individual provides introductory comments, refers to the presentations in an attempt to educate an audience, or moderates the presentation of the recorded material.

(b) No alcoholic liquor or cereal malt beverage is sold or served within the room during the rental period.

(2) An educational facility for instruction in music or dance provided that the primary business purpose of the facility is such instruction and only during the time such instruction is being conducted. No business licensed under Chapter 41 of the Kansas Statutes shall be considered an educational facility under this subsection.

(B) Charges, Fees or Rents are collected when:

(1) Cover charges, admission fees, entry fees or any other fees are required to enter or remain on a property or to access a separate part of the property.

(2) A donation equal to or greater than a certain amount is required to enter or remain at a presentation.

(3) Rental fees are charged to individual patrons for the use of chairs, seats, tables, or other furnishings during the presentation.

(4) A specific minimum purchase of products or services, such as a “two drink minimum” or other similar practice, is required to enter or remain on a property, except that the general policy of a business to prohibit loitering by any person who does not exhibit a good faith intent to be a customer of the business by requiring that the person leave the property shall not be included within this definition.

(C) Controlled Substance means any drug, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

(D) Entertainment activities means:

(1) Recorded audio or video presentations if any charges, fees, or rents are collected.

(2) Any of the following activities, whether or not charges, fees or rents are collected:

(a) Musical performances by live performers, whether vocal or instrumental or both.

(b) Dancing by patrons either in an area that is provided by the owners or operators of the property for that purpose or where patron dancing is customarily allowed by the owners or operators of the property.

(c) A presentation, other than a radio or television broadcast, comprised in whole or in part of recorded audio, that is presented by a live or recorded disc jockey, DJ, or other announcer who introduces or actively moderates the presentation of that recorded audio.

(E) Entertainment venue means any location where entertainment activities occur that is either held open for the use of members of the public or is a Class A or Class B club licensed under Chapter 41 of the Kansas Statutes. The following shall be excluded from this definition:

(1) Venues hosting entertainment activities sponsored by elementary or secondary schools, accredited universities or accredited professional or trade schools, but only during the time such activities are being so sponsored.

(2) Venues hosting entertainment activities sponsored by units of local, Kansas or the United States government, but only during the time such activities are being so sponsored.

(3) Venues hosting entertainment activities sponsored by nonprofit or not-for-profit organizations not held on the premises of a for-profit business, but only during the time such activities are being so sponsored.

(4) Property that belongs to any elementary or secondary school, accredited university, accredited professional or trade school, the City of Lawrence, Douglas County, the State of Kansas or the United States.

(5) Public streets, sidewalks and rights of way.

(6) Banquet rooms, conference rooms and classrooms as defined by this article.

(F) Patron means any individual who, on the day in question, is or has been admitted to an entertainment venue without the explicit objection of the owner or employees of that entertainment venue. There shall be a rebuttable presumption that any person who is within or on the premises of an entertainment venue, is waiting for admission to such venue or has left the venue for any reason other than having been denied admission to the venue is a patron of the entertainment venue. If a person has been a patron of more than one entertainment venue, for the purposes of this ordinance he or she shall be considered a patron of the last entertainment venue that he or she attended.

(G) Proposed entertainment venue means the premises that a license applicant proposes to use as an entertainment venue.

(H) Recorded audio or video presentation means an activity that includes the presentation of sound or pictures that are stored in any format, including analog or digital formats, and electronically reproduced.

(I) Substantial criminal activity means the level of criminal activity attributable to an entertainment venue that a reasonable person would determine poses a significant and disproportionate risk to the safety of members of the public, patrons of the entertainment venue, or law enforcement officers. In determining whether the risk caused by criminal activity is significant, disproportionate, and attributable to the entertainment venue, the following rules apply.

(1) The following criminal acts are attributable to an entertainment venue.

(a) Acts that occur within or on the premises of the entertainment venue that are committed by any patron, employee, independent contractor or owner of the entertainment venue.

(b) Acts that occur within 500 feet of the entertainment venue that are committed by any patron, employee, independent contractor or owner of the entertainment venue, provided a primary purpose in such person’s being in the area that the crime is committed is the attendance at or the traveling to or from the entertainment venue.

(2) Crimes that are considered in determining whether there is substantial criminal activity.

Only the following criminal acts under the ordinances of the City of Lawrence or the statutes of the State of Kansas shall be included in determining whether substantial criminal activity has taken place:

(a) Any crime involving the unlawful killing of another person.

(b) Any criminal violation related to the unlawful distribution of controlled substances.

(c) Any sex crime involving nonconsensual sexual activity or sexual activity of someone who is without the legal capacity to consent to such activity.

(d) Any gambling offense occurring within or on the premises of the entertainment venue.

(e) Any crime involving prostitution or the solicitation of prostitution.

(f) Any crime involving brawling, physical violence, the threat of physical violence or rude, insulting or angry physical contact.

(g) Any crime involving the intimidation of a witness.

(h) Any crime involving the kidnapping or unlawful confinement of an individual.

(i) Any crime involving intentional damage to the property of another.

(j) Any crime involving the unlawful taking of property.

(k) Burglary or aggravated burglary of any structure or vehicle.

(l) Any crime involving the unlawful possession or use of firearms, explosives, or other weapons.

(m) Crimes involving unlawful assembly, remaining at an unlawful assembly, or riot.

(n) Unlawfully providing aid to a person who has committed or is committing a crime.

(o) Any crime involving the interference with a law enforcement officer or firefighter in the discharge of his or her duties.

(p) Any unlawful attempt to commit any of the crimes listed in this section.

(3) Substantial criminal activity per se.

If the amount of criminal acts attributable to a licensed entertainment venue holding other than a temporary license reaches the following levels within any consecutive 365 day period, it shall be considered to be per se evidence of substantial criminal activity.

(a) One attributable criminal act that constitutes an off-grid or severity level 1, 2 or 3 felony under the laws of the State of Kansas, and amendments thereto; or

(b) Two attributable criminal acts that constitute off-grid or level 1,2,3,4 or 5 felonies under the laws of the State of Kansas, and amendments thereto; or

(c) Three or more attributable criminal acts that constitute felonies under the laws of the State of Kansas and amendments thereto; or

(d) Ten or more attributable criminal acts that constitute misdemeanor offenses or felony offenses under the laws of the State of Kansas, or amendments thereto, or violations of the ordinances of the City of Lawrence, and amendments thereto, that could subject an offender to a term of incarceration.

(4) Per se substantial criminal activity definition not exclusive.

The definition of per se substantial criminal activity does not limit the ability of the City of Lawrence to proceed under the general definition of substantial criminal activity in any licensing action under this article.

(J) Unlawful entertainment venue means any entertainment venue where entertainment activities occur without a currently valid license issued pursuant to this article.

6-1604 License Classifications, Fees, and Durations

Subject to the procedures of this article dealing with the issuance, suspension, revocation and surrender of licenses:

(A) An entertainment venue may obtain a regular license. The regular license shall be effective for a period of three years or until suspended, revoked or surrendered and shall cost $25.

(B) An entertainment venue may obtain a temporary license for entertainment activities of limited duration. A temporary license shall be effective for a period of 24 hours or until suspended or rescinded or revoked and shall cost five dollars.

(C) A probationary license may be issued pursuant to the procedure set forth in this article after the revocation or suspension of a regular license. Probationary licenses shall cost $300 and shall be effective for a period of one year or until suspended, revoked or surrendered.

6-1605 License Issuance

(A) Regular License Application

(1) Regular license application shall be made by completion of a form designated for that purpose by the City Clerk. The City Clerk may require any information in the application process that he or she reasonably deems necessary to fulfill the purposes of this article and failure to fully and accurately complete the application form shall be reason for license denial, suspension, rescission or revocation. The application form shall require that a person be identified as the registered manager of the entertainment venue. Accurate contact information for the registered manager must be provided. The contact information must remain accurate at all times and may be updated with the City Clerk in the event that it changes. The registered manager shall be the person who is responsible for the day to day operation of the proposed entertainment venue.

(2) Nothing in this section shall prohibit an entertainment venue owner from also serving as the registered manager of the entertainment venue.

(3) The applicant(s) for the license shall be the owner, owners, or the registered manager of the proposed entertainment venue. If the applicant is the registered manager, he or she will present with his or her application a notarized statement from the owner or owners of the proposed entertainment venue authorizing the registered manager to apply for a license for entertainment activities for the property in question.

(4) The owner of an entertainment venue may replace the registered manager of a licensed entertainment venue by filing a notarized statement confirming the change and identifying the new registered manager with the City Clerk. If a registered manager leaves the employ of the licensed entertainment venue or is unable to continue serving in that capacity due to death, disability, incarceration, or for any other reason the owner shall appoint a new registered manager with 10 days. Failure to comply with this requirement is cause for license suspension or revocation. Until such appointment has been received by the City Clerk, the owner or owners shall be responsible for all duties and obligations of the registered manager.

(5) At the time of application, each owner of a proposed entertainment venue shall indicate whether or not he or she is willing to participate as a panel member for licensing action hearings. The City Clerk shall maintain a list of those owners who have indicated a willingness to participate. An owner shall have the right to request removal from such list at any time.

(B) Temporary License Application

(1) Temporary license application shall be made by completion of a form designated for that purpose by the City Clerk. The City Clerk may require any information in the application process that he or she reasonably deems necessary to fulfill the purposes of this article and failure to fully and accurately complete the application form shall be reason for license denial or suspension, or the license may be rescinded.

(2) The applicant for a temporary license shall be the owner of the proposed entertainment venue, or shall be the registered manager who shall present a notarized statement to the City Clerk from the owner or owners of the proposed entertainment venue authorizing the registered manager to apply for a license for entertainment activities on the property in question.

(3) No entertainment venue shall receive temporary licensure for more than five 24 hour periods within any calendar year.

At the time of application for a regular license under this article, the applicant shall schedule a fire code inspection of the property with the Fire Department and an inspection to ensure compliance with the property’s site plan and the Land Development Code, Chapter XX of the Code of the City of Lawrence, Kansas 2006 Edition, and amendments thereto, with Planning and Development Services. The inspections shall be conducted within ten business days unless inspectors are not available within that time period. Failure to provide the inspectors with sufficient access to the proposed entertainment venue to enable them to conduct a thorough inspection shall be grounds for license denial.

(D) License Disqualification

A proposed entertainment venue shall be disqualified from receiving a regular or temporary entertainment license if any of the following conditions are met:

(1) The owner or applicant of the proposed entertainment venue is under 18 years of age.

(2) Any owner or applicant of the proposed entertainment venue has had a regular or temporary license issued under this article revoked or rescinded within the last two years.

(3) Any owner or applicant of the proposed entertainment venue currently has a probationary license for an entertainment venue issued under this article.

(4) The applicant, owner, or registered manager of the entertainment venue has been convicted of any public offense defined in this article within the last five years.

(5) The applicant, owner, or registered manager of the entertainment venue has been convicted of a felony under the laws of Kansas or any other state within the past three years.

(6) The applicant, owner, or registered manager has been convicted of any criminal offense related to the distribution or sale of controlled substances, any weapons violation related to firearms or explosives, any crime involving gambling, or any crime involving prostitution within the past five years.

(7) Within the past year, the applicant, owner or registered manager has been convicted of any criminal offense that, if committed in Kansas, would constitute a Class A or Class B misdemeanor.

(8) The property is not in compliance with Article 2 of Chapter VIII (the fire code) or the provisions of Chapter XX (the Land Development Code), of the Code of the City of Lawrence, Kansas 2006 Edition, and amendments thereto, including the site plan requirements of the proposed entertainment venue.

(9) If the applicant is an existing business, within the last three years any person has been convicted of any crime related to the distribution of controlled substances, any weapons violation related to firearms or explosives, or any crime related to prostitution while on or within the proposed entertainment venue, provided such person was an owner, independent contractor or employee of the business at the time of the offense.

(10) The proposed entertainment venue has been declared to be a public nuisance under the criminal or civil laws of the State of Kansas within the last two years.

(E) License issuance

Unless a proposed entertainment venue is disqualified from licensure as provided in this article, the City Clerk shall issue an entertainment license to the applicant. Excluding any holidays recognized by the City of Lawrence, the license shall be issued within three business days of application in the case of temporary licenses, and within ten business days of application for regular licenses. If the City Clerk is unable to process an application for a regular license within the ten business day period, or inspections are not completed within those ten days, a provisional license shall be issued. The provisional license shall, except for its duration, confer the same rights and obligations as a regular license, and shall be effective until a final determination of license eligibility is made or until the provisional license is suspended or revoked. In the event that a provisional license is issued pursuant to this section and it is subsequently determined that the proposed entertainment venue was disqualified from licensure then notice of that fact will be sent by the City Clerk to the applicant by restricted mail or personal service. The provisional license will remain in effect for ten days following the mailing or personal service of such notice.

(F) License not transferable.

Licenses issued under this article are for individual entertainment venues at fixed locations and are not transferable to any other location. In addition, if the ownership of the entertainment venue changes the entertainment venue’s current license shall expire and a new license shall be required. In the event that the ownership of a licensed entertainment venue changes the new ownership may operate the entertainment venue at its fixed location for a period not to exceed 20 days while application is made for a license.

6-1606 Right of Inspection

Every license issued pursuant to this article shall be conditioned upon an immediate right of entry and inspection by law enforcement officers, the City Manager and his or her designees. Application for and acceptance of such a license shall be considered to be consent on behalf of an entertainment venue for such inspections, which may be conducted without prior notice at any time the premises are occupied. Any person performing a lawful inspection pursuant to this section shall be granted entry into the licensed entertainment venue without delay.

6-1607 License Violations

The following acts or conditions shall be violations of any license issued pursuant to this article, and may result in license suspension, revocation, or rescission subject to the standards and procedures of this article.

(A) The licensee has become ineligible to obtain a license under this article.

(B) The licensee provided false or intentionally misleading information in the application for licensure.

(C) The failure of the owner or any employee of the licensed entertainment venue to comply with the right of inspection provisions of Section 6-1606.

(D) Substantial criminal activity as defined by this article.

(E) The use, possession or distribution of illegal controlled substances on the premises of the entertainment venue by any patron, employee or owner of the entertainment venue. Distribution, use or possession of illegal controlled substances by patrons shall only be a license violation under circumstances where the owners or employees of the entertainment venue knew or reasonably should have known of the distribution, use or possession and failed to take reasonable steps to prevent such use.

(F) The failure to immediately cease entertainment activities when an emergency order to cease entertainment activities is issued pursuant to this article. There shall be no violation, however, for failure to cease such activities if it is determined at a licensing action hearing that such order was not properly issued.

6-1608 Hearing Board Created.

An entertainment venue license hearing board shall be created. The board shall consist of five members of the public who are residents of the City of Lawrence. Each member shall be appointed by the Mayor with the approval of the City Commission. Each member shall serve a one year term. Board members may be removed if they are no longer willing to serve, move outside the City of Lawrence, or fail to attend a hearing panel they are assigned to without prior notice or good cause shown. There is no limit to the amount of terms that an individual may serve. The members of the board shall participate in the administrative adjudication of license actions as is provided by this article.

6-1609 Notice of Violations and Intent to Take Licensing Action

Upon determining that a license violation has occurred for a license issued under this article, the City Manager or his designee may elect to take licensing action under this article. If licensing action is taken, notice shall be sent to the registered manager of the licensed entertainment venue by certified mail and further, notice shall be served at the entertainment venue by delivering a copy of such notice to any employee of the entertainment venue during the entertainment venue’s regular business hours. If the licensed entertainment venue is closed for business during the seven days immediately following the mailing of the notice, the notice may be posted on the premises of the licensed entertainment venue in a manner that is reasonably likely to come to the attention of the operators of such venue. Such notice shall include:

(A) The date and nature of each alleged violation. The alleged violations shall be set forth with a reasonable degree of specificity.

(B) A notice of intent to take licensing action. Such notice shall include the proposed action to be taken regarding the license and shall include the effective date of the action.

(C) A notice of the right to request a hearing on the proposed licensing decision, and the steps that must be taken to request such a hearing including the deadline to request such a hearing.

(D) The date the proposed licensing action will take effect if no licensing hearing is requested.

6-1610 Emergency Order to Cease Entertainment Activities

In the event that the Chief of Police or his or her designee reasonably determines that the entertainment activities or patrons of a licensed entertainment venue pose an immediate and substantial threat to public safety or the safety of the patrons of the licensed entertainment venue, he or she may order the entertainment activities to cease until the threat has abated. Such an order shall be delivered to the registered manager, any on-duty manager of the entertainment venue, or if no such manager can be immediately identified, to any employee of the entertainment venue. An immediate and substantial threat is one that poses a substantial likelihood in the immediately foreseeable future that a breach of the peace resulting in injury to persons or damage to property will occur.

6-1611 Licensing Action Hearing.

(A) A licensing action hearing must be requested in writing within ten days of the service of the notice of violation, or else the proposed license action shall become effective.

(B) The request for hearing must be filed in writing with the City Clerk.

(C) The hearing panel shall consist of two members of the entertainment venue license hearing board and one owner of a licensed entertainment venue, each chosen at random by the City Clerk from those eligible and willing to serve. Any person chosen to serve who would be unable to serve fairly or impartially, or who has any substantial conflict of interest shall be recused from the panel and a replacement randomly selected from the list of those eligible. In the event that no licensed entertainment venue owner desires or is able to serve, the panel shall consist of three members of the entertainment venue license hearing board. Each hearing panel shall elect one of its members to be the presiding member, who shall in charge of conducting the hearing and signing all orders of the hearing panel.

(D) A hearing shall be held within 14 days of the date that the request for hearing is received by the City Clerk unless it is continued for good cause.

(E) Hearings shall be open to the public. At the hearing, the City Manager or his or her designee shall present evidence of the alleged violations. Following the presentation of evidence, if a majority of the hearing panel determines by a preponderance of the evidence that a substantial license violation has occurred, the hearing panel may order the license to be suspended for a definite period of time not to exceed one year or revoked. In lieu of such suspension or revocation, the hearing panel may offer the licensed entertainment venue the opportunity to continue operation under the terms and conditions of a probationary license. The hearing panel is not limited to taking action equal to or less stringent than the proposed action in the notice of violation. The decision of the hearing panel shall be rendered in writing and signed by the presiding member.

(F) Methods of proof of substantial criminal activity.

The individual criminal acts that are alleged to meet the definition of substantial criminal activity under this article may be proven through the introduction of evidence that the alleged perpetrators of those acts have been convicted of those acts or entered into a diversion agreement for those acts, or if no conviction of diversion has occurred, by the introduction of evidence that substantiates the occurrence of those acts.

6-1612 Licensing Action Hearings on Temporary Licenses.

License action hearings on temporary licenses shall be held pursuant to the procedures specified in Section 6-1611 of this article, except that upon a finding by the preponderance of the evidence that a license violation has taken place, the hearing panel may rescind any temporary license that has been issued. The fact that the entertainment activities covered by a temporary license may have already occurred shall not affect the ability of the hearing panel to issue such an order.

6-1613 Probationary Licenses.

(A) A probationary license shall be conditioned on those reasonable and lawful terms and conditions that the hearing panel shall find will preserve the public’s safety and advance the purposes of this article. In appropriate circumstances, such conditions may include but are not limited to:

(1) A requirement that the entertainment venue adopt a security plan including security staffing, training and procedural requirements.

(2) A requirement that the entertainment venue make infrastructure improvements aimed at increasing the safety of the venue including, but not limited to, the installation of lighting, security cameras, or magnetometers.

(3) A requirement that the entertainment venue only admit or allow the attendance of those individuals 21 years of age or older while entertainment activities are taking place.

(4) A provision limiting the days of the week or the hours of the day that entertainment activities may take place.

(5) A requirement that the entertainment venue provide a reasonable monetary reimbursement to offset the expense of providing extraordinary levels of law enforcement response to the entertainment venue.

(6) A provision allowing for periodic review and modification of the conditions of the probationary license.

(7) A provision requiring the entertainment venue to obtain sufficient identification from each of its customers prior to their admission to entertainment activities.

(B) Such a license shall be issued for a term of one year unless it is subsequently suspended, surrendered or revoked as provided in Section 6-1611.

(C) When the probationary license expires, and provided no licensing actions are pending upon the license’s expiration, the licensee may reapply for a regular license under this article.

(D) Licensing action proceedings for violations of the terms and conditions of a probationary license must be initiated within 90 days of the expiration of that license. If the hearing panel orders the probationary license suspended or revoked, the order suspending or revoking the probationary license shall have identical affect on any subsequently issued regular license.

6-1614 Appeals

(A) Any person may appeal the City Clerk’s decision to deny his or her application for a license under this article to the City Commission. Either the City Manager or his or her designee, or any entertainment venue license holder may appeal any final decision of a hearing panel in a licensing action hearing to the City Commission.

(B) To request an appeal hearing before the City Commission, the person or party filing the appeal must file a written request for the appeal hearing with the City Clerk.

(D) For appeals of the decision of a hearing panel, the hearing will be held as soon as the City Commission’s schedule allows. If the appeal is from a decision of a hearing panel suspending or revoking the license of an entertainment venue or placing such entertainment venue’s license on probationary status, the hearing panel’s decision will be stayed pending the City Commission’s decision on the appeal.

(E) The City Commission shall hear evidence and decide the issue de novo based upon a preponderance of the evidence, and if it finds a license violation has occurred it shall not be limited by the City Manager’s proposed action or the hearing panel’s decision in selecting the appropriate punishment or remedy from those lawfully available under this article.

6-1615 Severability

If any section, clause, sentence, or phrase of this article is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 2. Effective Date. This ordinance shall take effect and be in full force and effect ninety days following its adoption and publication as provided by law.

Adopted this ________________ day of ________________, 2007.

PASSED:

Sue Hack, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Wheeler, Director of Legal Services