(a) Application consideration. An application for a permit pursuant to this Article IX must be submitted to the issuing authority, which will verify the information on the application form. The issuing authority is empowered to conduct any and all investigations to verify the information on the application. The issuing authority may include in its approval such conditions as may be necessary to ensure adequate parking and traffic circulation, to minimize impacts on adjacent property, to ensure compliance with all applicable laws and to otherwise protect the health, safety and welfare of the community. A permit may not be granted unless the issuing authority finds that:
(1) The conduct of the
will not impair the safe and orderly movement of pedestrian or vehicular traffic;
(2) The conduct of the
will not require the diversion of so great a number of city police resources as to pose an adverse impact on the health, welfare and safety of the public;
(3) The concentration of vehicles,
at the
will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the
;
(4) The conduct of the
is not reasonably likely to cause injury to
or property;
(5) Adequate sanitation and other required health facilities are or will be made available in or adjacent to the
area;
(6) There are sufficient parking places near the
;
(7) The applicant has paid all fees required in City Code Appendix A;
(8) The application meets all applicable code requirements; and
(9) The application is not detrimental to the public health, safety or welfare.
(b) Denial.
(1) Denying an application. The issuing authority may deny an application completely or in part. The issuing authority must explain the reason for denial in a written notice. The issuing authority must mail the notice of denial to the applicant at the street address provided in the application, and may send a copy electronically to the electronic mail address provided in the application. The notice of denial must inform the applicant that he or she has 20 days to request an administrative review, counting from the date the issuing authority mailed the notice of denial.
(2) Request for administrative review. An applicant has a right to request an administrative review of the issuing authority's decision to deny a permit. The applicant must serve the request for review on the issuing authority within 20 days, counting from the date the issuing authority mailed the notice of denial. The applicant must include with the request all documents and written arguments in support of the applicant's position.
(3) Written decision. If the issuing authority receives a request for administrative review within the 20-day period, the City Manager or the City Manager's designee must review the request and issue a written decision to the applicant within 20 days, counting from the date of receipt of the request. This written decision must be mailed to the applicant at the address on the permit application.