§ 25-249. Acknowledgment of exemption.

Any place, area or property that falls within the definition of a "rave club" set forth in section 25-248, but can demonstrate that it possesses other characteristics rendering it unlikely that the place, area or property would serve as a site for the sale, possession or use of illicit drugs, for violent activity, or for any of the other dangers or problems set forth in section 25-247, may apply for an acknowledgment of exemption from the designation as a "rave club," as follows:

(1)

The owner or operator must file a request for exemption with the zoning manager, at no charge or expense, that includes the following:

a.

An affidavit explaining in detail the operation and/or planned operation of the place, area or property, including the planned hours of operation; and

b.

A certification to the zoning manager naming all owners, principals and managers of the proposed place, business and/or event, and certifying under oath that none of the owners, principals or managers would be barred from receiving a license to operate a rave club pursuant to the provisions of subsections 25-251(a)(3) and (a)(7), and that none of the owners, principals, or managers have had an exemption under this section revoked in the past five (5) years; and

c.

A certification from the building official that the place meets all requirements of chapter 9, Building and Construction Regulations, relevant to its intended use;

d.

A certification from the fire marshal that the place complies with all provisions of chapter 18, Fire Prevention and Protection, relevant to its intended use; and

e.

Any other information which the zoning manager from time to time may require on the application for acknowledgment of exemption.

(2)

Upon receipt to a full and complete request for an acknowledgment of exemption, the zoning manager shall have thirty (30) days within which to issue the acknowledgment of exemption or a letter denying the acknowledgment of exemption and detailing the findings of fact upon which the acknowledgment is denied. The zoning manager may issue the acknowledgment of exemption if he or she finds, based on the preponderance of the evidence before him or her, including any evidence revealed through his or her independent investigation or submitted by law enforcement agencies for consideration, that the place or event is unlikely to serve as a site for the sale, possession or use of illicit drugs, for violent activity, or for any of the other dangers or problems set forth in section 25-247. The zoning manager shall deny the request for an acknowledgment of exemption if the submission did not meet all requirements of subsection 25-249(1) above; if he or she concludes that the place, area or property is not zoned for the intended use; or if he or she is unable to conclude, based on the preponderance of the evidence before him or her, that the place or event is unlikely to serve as a site for the sale, possession or use of illicit drugs, for violent activity, or for any of the other dangers or problems set forth in section 25-247.

(3)

Any acknowledgment of exemption issued pursuant to this section shall remain in force, unless revoked, provided that the holder of the acknowledgment shall notify the zoning manager within thirty (30) days of any event that constitutes a change in the information contained in the application for acknowledgment of exemption. Notice of any such change must be accompanied by appropriate certifications as to the new condition. For example, if there is a change of ownership or management, the submission must include a new certification under oath that the new owners, principals, or managers would not be barred from receiving a license to operate a rave club pursuant to the provisions of subsections 25-251(a)(3) and (a)(7), and have not had an acknowledgment of exemption revoked in the past five (5) years.

(4)

The zoning manager shall revoke the acknowledgment of exemption, in writing, upon his or her finding that:

a.

There were any misrepresentations made to the county in connection with the request for an acknowledgment of exemption; or

b.

There have been at least two (2) or more separate instances of drug sale, possession or use at the place or event; or

c.

There has been at least one instance of a drug overdose at the place or event; or

d.

There have been two (2) or more separate instances of underage drinking at the place or event; or

e.

There have been two (2) or more instances of violence at the place or event; or

f.

The ownership or management has changed such that the place or event would not qualify to be issued an acknowledgment of exemption if a new request were filed; or

g.

There have been three (3) or more documented instances of violation of the county's noise ordinance; or

h.

The establishment is found to have been operating at hours other than the hours of operation set forth in the affidavit supporting the request for an acknowledgment of exemption; or

i.

The owners, principals and/or managers have failed on two (2) or more occasions to timely notify the zoning manager of a change of circumstances as required by subsection 25-249(3), above; or

j.

Based on information contained within a notice of changed circumstances, or other information brought to the zoning manager's attention in connection with his investigation of changed circumstances, the zoning manager determines that the place, establishment or event no longer qualifies for an acknowledgment of exemption, applying the standard in subsection 25-249(2).

(5)

Any interested person may appeal the zoning manager's determination to issue or not issue an acknowledgment of exemption, or to revoke an acknowledgment of exemption, in the same manner as provided in section 25-260 for appeals of a license denial, suspension or revocation decision. A revocation of acknowledgment of exemption shall become effective immediately, notwithstanding that an appeal may be filed.

(Ord. No. 2001-08, § 1, 4-10-01)