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368 <br /> <br /> h. The proposed adult entertainment business is more than 125 feet from <br />the right-of-way line of any freeway or street designed as a major arterial in the <br />current circulation element of the general plan. <br /> <br /> i. The distances set forth above shall be measured as a radius fi'om the <br />property line of the parcel on which the proposed adult entertainment business <br />would be located to the property lines of the property so zoned or used without <br />regard to intervening structures. <br /> <br /> j. Any waiver of the provisions of this subsection shall be pursuant to <br />the provisions of Division 1, Article V of the Code. <br /> <br />3. The proposed use does not involve an applicant, if an individual, or any of the <br />officers or general partners of an applicant, if a corporation or partnership, that have <br />been found guilty or pleaded nolo contendere within the past four (4) years to a <br />misdemeanor or a felony classified by the State as a sex or sex-related offense. <br /> <br />4. The applicant has submitted false or misleading information on the <br />application. <br /> <br /> 5. The applicant has had an application for an adult entertainment business <br />permit denied or revoked in the twelve (12) months preceding the date of the current <br />application. <br /> <br />6. The Manager shall deny the request for exception where the information <br />submitted by the applicant fails to substantiate the above-described findings. The <br />Manager shall render a written decision on the request for exception within thirty <br />(30) calendar days of receiving a completed exception application. The Manager <br />shall determine whether an application is complete within fifteen (15) calendar days <br />of its submittal to the Planning & Building Agency. <br /> <br />D. Appeal of Planning Manager. <br /> <br /> Any interested person may appeal the decision of the Manager to the City Council <br />in writing within twenty (20) calendar days after the written decision of the Manager. <br />Notice of the Manager's decision shall be mailed to all property owners within three <br />hundred (300) feet of the proposed use. Consideration of an appeal of the Manager's <br />decision shall be at a public hearing which shall be advertised as provided in Section <br />41-636 of the Code and shall occur within thirty (30) days of the filing or initiation of the <br /> 5 <br /> <br /> <br />