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<br />City Commission. The presumption shall be rebutted whenever <br /> <br />such an applicant shall establish at public hearing that the property <br /> <br />will continue to be utilized as a hotel or motel. In civil <br /> <br />proceedings the presumption of change of use shall shift the <br /> <br />burden of proof on this issue to the party against whom it operates; <br /> <br />and in criminal proceedings the presumption shall constitute prima <br /> <br />facie evidence of a change in use. <br /> <br />(2) The presumption established by this subsection shall not go into <br /> <br />effect for a hotel or motel if: 1) prior to June 6, 1984, units in the <br /> <br />hotel or motel have been offered to the public for sale, conveyance, <br /> <br />lease, or sublease which would result in a subdivision; 2) an <br /> <br />application to rebut is filed pursuant to this subsection within sixty <br /> <br />(60) days after June 15, 1984; and 3) said application is approved. <br /> <br />For a hotel or motel which may qualify pursuant to this paragraph, <br /> <br />no presumption shall go into effect until the later of the expiration <br /> <br />of said sixty-day period without the filing of an application to <br /> <br />rebut, or a final determination that the applicant has failed to rebut <br /> <br />the presumption. <br /> <br />(e) This section shall not apply to any units or other components of a <br /> <br />subdivided property which were sold, conveyed, leased, or sublease to the <br /> <br />public in bona fide transactions by the subdivider prior to June 15, 1984 <br /> <br />nor to any units or components so transferred after June 15, 1984 pursuant <br /> <br />to a bona fide contact with the transferee entered into before June 15, <br /> <br />099-63 RU-4A Article XIX Amendment 3/5/99-1/12/00 8:16 AM draft. <br />Page 35 of 44 <br />