(A) Upon receiving a completed special event application with all requested supporting documentation, the special event permit request will be reviewed by the permit official with the exception of any special event request that requires a street closure or partial street closure or alcohol sales, distribution, consumption and/or possession which must be reviewed and approved by Town Council. Nothing in this section shall authorize the permit official and/or Town Council to deny a permit based upon political, social and/or religious grounds or reasons, or based upon the content of the views expressed by the applicant.
(B) The permit official and/or Town Council may attach reasonable conditions to any permit approval.
(1) Denial. A permit may be denied for any of the following reasons:
(a) An incomplete or unexecuted document;
(b) The proposed event is only for personal or individual use;
(c) The applicant failure to submit permit fees;
(d) The applicant failure to tender required indemnification agreements and/or insurance certificates with proper information;
(e) An application containing false or misinformation;
(f) The applicant is a minor and not legally able to enter a binding agreement;
(g) The applicant legally incompetent to contract or to sue and be sued;
(h) The applicant has made misrepresentations regarding the nature or scope of the event in prior occasions;
(i) An applicant’s failure to obtain proper road closure permit necessary for roads within jurisdiction of the state’s Department of Transportation;
(j) The applicant has previously permitted a violation or has violated the terms of a public assembly or parade permit issued to or on behalf of the applicant;
(k) The applicant has damaged town property on prior occasions and has not paid for such damage in full;
(l) A fully executed prior application for the same time and place has already been received and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiply simultaneous events;
(m) The proposed event would conflict with previously planned programs organized, conducted or sponsored by the town and previously scheduled at or near the same time and place;
(n) The proposed event would present an unreasonable danger to public health or safety;
(o) The proposed event would substantially or unnecessarily interfere with traffic;
(p) The proposed event and/or associated congregation of people, animals and/or vehicles at assembly points would likely interfere with the movement and/or access of emergency response equipment and police protection in areas contiguous or in the vicinity of the event;
(q) The proposed event would be inadequately supplied with sufficient law enforcement and traffic-control officers in order to adequately protect participants and non-participants from traffic-related hazards at the time of the event in light of other demands for police protection at the time of the proposed event;
(r) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations concerning the sale or offering for sale of any goods or services;
(s) The use of proposed activity by applicant is prohibited by law;
(t) The proposed picket or demonstration is to commence before 6:00 a.m. or terminate after 8:00 p.m.;
(u) The proposed parade or demonstration is being held for the sole purpose of advertising a product, service, good or event and is designed to be held primarily for private profit;
(v) The conduct of a proposed parade, picket or demonstration is reasonable likely to result in violence to persons or property causing serious harm to public; and/or
(w) For non-First Amendment protected public assemblies or parades, the following criteria shall also apply in the consideration of permit applications:
1. Extent to which the event contributes to the economic revitalization and business development of the town;
2. Impact of the event to public health, safety and welfare;
3. Impact of the event on business and resident populations within or adjacent to the proposed event site;
4. Evaluation of any previous event produced by the event organizer with regard to planning, quality, public safety and welfare and payment of invoices; and
5. Frequency and timing of event or similar events.
(2) Time and notice of decision.
(a) The permit official notwithstanding action required by Town Council shall approve or deny permit applications within a reasonable amount of time for the applicant to make necessary accommodations and in conjunction with allowing adequate time for the permit official’s necessary processing of the application before the commencement of a proposed first amendment protected public assembly, parade, picket or demonstration where the purpose of such event is a spontaneous response to a current event or where other good and compelling causes are shown to have an expedited approval.
(b) When action is necessary by Town Council, approvals or denials on permit applications with street closure requests and/or alcoholic beverage sales and/or consumption requests should be made within a reasonable amount of time in accordance to the Town Council’s prescribed agenda schedule before the requested event date.
(c) Notice of approval or denial shall be communicated to the applicant within five working days of the decision.
(d) A notice of denial shall clearly set forth the grounds which the permit was denied and contain a proposal for measures by which the applicant may cure any defects in the application or otherwise procure a permit, when feasible.
(e) Where an application is denied because the proposed event would conflict with another event that has or will be approved previous to the permit official receiving said application, the permit official shall propose an alternative place, date and/or time, when feasible.
(3) Revocation. The permit official may revoke any permit granted for special events the violation by any participant, or the failure of any participant to comply with the terms and conditions of the permit.
(4) Cost and fees. For special events (other than town-sponsored events), the applicant shall be responsible for all direct costs incurred by the town associated with the special event including, but not limited to, hiring and paying for necessary law and fire officials, reimbursing all costs associated to appropriately close streets (when needed), providing street and sidewalk cleaning, trash receptacle replacement, trash removal and disposal.
(5) Final decision. Findings and determination of the Town Council shall be considered final.
(Ord. passed 7-11-2017)