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Item No. 6 (continued) M /S: Bury /Rhodes to close the public hearing. Carried unanimously by voice vote and public hearing closed at 8:15 p.m. Title read. M /S: Rhodes /Mosher RESOLUTION NO. 9931 CONFIRMING ABATEMENT EXPENSE STATEMENT AND ORDERING COLLECTION ON TAX ROLL PERTAINING TO ABATEMENT OF DILAPIDATED STRUCTURE LOCATED AT 612 JEFFERSON AVENUE adopted unanimously by roll call vote. ---------------------------------------------------------------------------------- (Council recessed from 8:20 to 8:25 p.m.) ---------------------------------------------------------------------------- - - - - -- 7. Public Hearing - appeal of denial by Chief of Police of application for a Dance Permit - Shooter McGee's, 768 Woodside Road (203 -10) Councilman Chandler stated that because his son is an employee of the appellant, and to avoid any appearance of a possible conflict of interest, he will not participate in discussion of the issue. Councilman Chandler then left the chambers for the duration of the consideration of this item. Ms. Case advised that the issue before Council is quite small and limited in scope, and to assist in understanding the context in which the Council's decision should be made, read the applicable section of the Municipal Code under the Article on dance permits: "Sec. 4.19. Grounds for denial of permit." She noted that there are several grounds listed, and that the one on which the Chief of Police based his denial of the permit is subsection (e): "No permit shall be issued in the event it is determined that the proximity of the dance location to residential property would disturb the quiet enjoyment of the occupants of such residential property." In addition, Ms. Case read from Section 4.20. "Issuance of permit generally." "If, after review and investigation and after receipt of the reports from any other department reviewing and investigating the application, the Chief of Police finds that the proposed dance would not be injurious to the public safety; would not create a public nuisance and would not be in conflict with the provisions of Section 4.19, the permit shall be issued; otherwise the permit shall be denied." She noted that it was on this basis that the Chief of Police made the finding that the dance permit would be disturbing to the quiet enjoyment of the occupants of nearby residential property, and why he denied the dance permit, and advised that after hearing the testimony and other evidence, if the finding is that the dancing would disturb the quiet enjoyment of the neighboring residents, then Council also must deny the dance permit; that Council may modify the action by the Chief of Police including issuance of a permit with conditions, if the findings would mitigate the quiet enjoyment, or if the finding is that issuance of the dance permit would not disturb the quiet enjoyment of the adjacent residents, then the Council should overrule the Chief of Police and grant the permit. Reg.Mtg. 7/15/85 Page 6 MINUTE BOOK NO. 45 Page No. 512