(a) Application consideration. An application for a permit pursuant to this Division J must be submitted to the issuing authority. The issuing authority is empowered to conduct any and all investigations to verify the information on the application. The issuing authority shall then route the application to the Chief of Police, Director of Community Development, Fire Marshal, Parks and Recreation Manager and City Traffic Engineer for review and consideration based upon the applicable laws or regulations relating to the proposed event and an assessment of the event’s likely impact on the public health, safety and welfare. The issuing authority shall grant the permit as provided herein with 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 shall be granted when it is found by the issuing authority that:
(1) The concentration of vehicles and persons at the public assembly points of a
will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such
or otherwise be injurious to the surrounding neighborhood or harm the public health, safety or welfare;
(2) The
is not being held for the primary purpose of advertising or selling any product or service and is not designed to be held purely for commercial purposes; and
(3) No
permit application for the same time and location is already granted, or has been received and will be granted. In the case of competing applications simultaneously under consideration for the same time and location, the issuing authority will use an impartial, blind lottery to determine which applicant is entitled to the permit.
(b) Approval or denial. The issuing authority shall act promptly upon a completed permit application but in no event fail to grant or deny a permit more than 20 days after its receipt or less than 48 hours prior to the event without the written consent of the applicant. If the application is denied, in whole or in part, the issuing authority shall notify the applicant of the determination in writing, setting out the specific reason therefore. The notice is to be mailed, e-mailed or sent by facsimile to the applicant at the street address, e-mail address or facsimile number provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after the date the notice was mailed to request an administrative review of the issuing authority’s determination to the City Manager or the City Manger’s designated representative. The issuing authority in denying an application for a permit may authorize an alternative permit for the
at a date, time, location, route or under conditions different from that named by the applicant. An applicant desiring to accept an alternative permit must, within five days after notice of the denial, file a written notice of acceptance with the issuing authority.
(c) Administrative review. An applicant has a right to request an administrative review of the issuing authority’s determination to deny a permit to the City Manager or the City Manager’s designated representative within 20 days after the date the notice of denial was mailed by serving the issuing authority with a written request for administrative review along with all documents and written arguments serving as a basis for the applicant’s position. If a request for administrative review is timely received by the issuing authority, the City Manager or the City Manager’s designee shall issue a written decision, setting forth the reasons therefore within a reasonable period, in no case later than 20 days from the date of receipt of the request for administrative review by the issuing authority. The decision of the City Manager or City Manager’s designee must be mailed to the applicant at the address on the permit application. Exhaustion of administrative remedies is not a precondition to judicial review.
(1958 Code, § 150.16) (Ord. 250, passed 10-7-1960; Ord. 75-3, passed 1-13-1975, renumbered to § 150.15; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2009-2, passed 2-2-2009; added by Ord. 2013-2, passed 2-25-2013)