(A) The Administration shall determine whether and to what extent dedicated police, fire, and EMS protection is necessary for the special event for traffic control and the public health, safety, and welfare. The Administration shall base this decision on the size, location, duration, time, and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt public travel and use of the streets. The Administration, as advised by Albuquerque Fire Rescue, will determine the minimum number of required fire and EMS providers and their required service capabilities, including basic life support (BLS), advanced life support (ALS), fire suppression, and transport capabilities. The number of required fire and EMS providers and service capabilities will be based on guidelines set forth in the Federal Emergency Management Agency's IS:15 Special Events Contingency Planning, NFPA, and any relevant New Mexico state statute or administrative code. Except with regard to applications pertaining to public assembly special events or where unlawful, if stand-by of dedicated police, fire, or EMS protection is deemed necessary by the Administration, the Administration shall so inform the applicant. The applicant then shall have the duty to pay for the necessary police, fire, and EMS protection so long as the Administration determines it is possible for the event to take place without endangering the public health, safety, or welfare and that adequate police, fire, and EMS resources are available. The Administration's assessment of the quantity of spectators may be independent of representations by the applicant.
(B) Applicants wishing to engage in public assembly special events are not required to pay for any police, fire or EMS protection provided by the city.