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a. That the person was enrolled as a student at an <br />educational facility located within the downtown public <br />safety zone when excluded; and <br />b. Is currently enrolled as a student at the same educational <br />facility. <br />2. The court may grant an educational variance to an excluded <br />person if the excluded person certifies that the person will be <br />enrolled at an educational facility within the downtown public <br />safety zone if the variance is granted. <br />(2) <br /> Revocation of Variances. Variances may be revoked in accordance with <br />the following provisions: <br />(a) The grounds for revocation of any variance other than a residential <br />variance are as follows: <br />1. The applicant provided false information in order to obtain the <br />variance; <br />2. The person is arrested or cited for any of the offenses <br />enumerated in subsection (1) of section 4.874 of this code in <br />the downtown public safety zone subsequent to the issuance <br />of the variance; or <br />3. The circumstances giving rise to the issuance of the variance <br />no longer support a continuation of the variance. <br />(b) Residential Variance Exception. A residential variance may be <br />revoked only: <br />1. If the applicant provided false residential information in order <br />to obtain the variance; or <br />2. If the circumstances giving rise to the issuance of the variance <br />no longer support a continuation of the issuance of the <br />variance. <br />(3) Revocation Procedure. <br />(a) A peace officer who has probable cause to believe a person who <br />has been granted a variance has violated its terms or conditions <br />may issue to the person a notice to show cause that requires the <br />person to appear at municipal court at a specified date and time, at <br />which time the court will set a date and time for a show cause <br />hearing. <br /> <br />Ordinance - Page 7 of 8 <br /> <br />S0808115-attA.doc <br /> <br />