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<br /> -6- <br /> during any probationary period established by the <br /> Commission in its decision. Appeals of penalty <br /> points assessed during a probationary period may <br /> be filed as provided in subdivision (4) (e) above, <br /> prior to scheduling of another revocation <br /> hearing. <br /> (h) For the purposes of this subsection, "social <br /> function" shall be defined as any activity on an <br /> organization's premises at which the number of <br /> non-members in attendance exceeds the number of <br /> resident members of the fraternity or sorority <br /> building, and which involves the consumption of <br /> alcoholic beverages and either of the following: <br /> 1. The use of an amplified sound system indoors <br /> or outdoors which is audible from any property <br /> line of the premises; or <br /> 2. The occurrence of any group activity outside <br /> of enclosed buildings. <br /> (i) It shall be unlawful for any person to violate or <br /> to cause or permit to be violated any terms of a <br /> specific use permit issued under this section. <br /> For the purposes of this section, "person" shall <br /> include the organization and the president and <br /> vice-president of the organization. <br />SECTION 3. (a) From and after six (6) months after the <br />effective date of this ordinance, it shall be unlawful for an <br />organization occupying an existing fraternity or sorority building <br />on the effective date of this ordinance to continue to occupy the <br />building without submitting an application for a specific use <br />permit for the building in accordance with Section 35 of the <br />General Zoning Ordinance. <br />(b) From and after one (1) year after the effective date of <br />this ordinance, it shall be unlawful for any such organization to <br />continue to occupy a fraternity or sorority building within the <br />City without a current, valid specific use permit issued under <br />Section 35 of the General Zoning Ordinance. <br />(c) From and after the effective date of this ordinance, the <br />initial occupancy of a fraternity or sorority building shall be <br />subject to the specific use permit requirements of section 35 of <br />the General Zoning Ordinance. <br />SECTION 4. That the amount of the fee for specific use permit <br />applications for fraternity and sorority buildings is hereby <br />established at $25.00. Provided, that this fee shall be waived for <br />the initial application for each organization occupying an existing <br />fraternity or sorority building on the effective date of this <br />ordinance. <br />SECTION 5. That if any word, phrase, clause, sentence, or <br />paragraph of this ordinance is held to be unconstitutional or <br />invalid by a court of competent jurisdiction, the remaining <br />provisions of this ordinance shall remain in effect as if the <br />unconstitutional or invalid portion had not been adopted. <br />SECTION 6. That all ordinances and resolutions or parts of <br />ordinances or resolutions in conflict herewith are hereby repealed. <br />SECTION 7. That any person violating any provision of this <br />ordinance shall be deemed guilty of a misdemeanor and upon <br />conviction shall be subject to the penalty provided in section 1-5 <br />of the San Marcos Code of Ordinances. <br />