A. Existing Circumstances: An application for a planned special event permit shall be denied if the City Clerk, in consultation with the SET, determines any one of the following circumstances exists:
1. The applicant made any material false statement or misrepresentation in the application.
2. The applicant fails to provide any content neutral items or logistical information required on the application or subsequently requested by the SET.
3. The applicant fails to obtain any other required license, permit or authorization from the Police Department, the Fire Department, the Parks and Recreation Department, the Central District Health Department, the Ada County Highway District, the City Clerk's Office, Planning and Development Services, Risk Management or the Public Works Department.
4. The applicant, or any other person representing the planned special event, failed to timely pay reimbursement costs associated with a previous special event, or failed to pay costs associated to another park event.
5. The applicant is not in good standing with the City. For purposes of this section, "not in good standing" means the applicant:
a. Pleaded guilty to, or was found guilty of, a misdemeanor or felony violation of Federal, State or local law occurring during the course of a prior special event; or
b. Within the previous five (5) years, had a planned special event permit revoked or suspended for a violation of any provision of this chapter.
6. The planned special event will:
a. Interrupt aerial or marine navigation; or
b. So substantially impair or impede public transportation that it cannot be managed through permit conditions; or
c. Cause such significant vehicle or pedestrian traffic congestion that it cannot be managed through permit conditions; or
d. Unduly disrupt construction, maintenance or repair occurring in any public right-of-way, park or other area;
e. Exceed the lawful capacity of the facility, venue or area in which the planned special event will be held; or
f. Have inadequate parking facilities; or
g. Be inconsistent with the International Fire Code.
B. Interference Or Conflict: An application for a planned special event permit may be denied if the City Clerk, in consultation with the SET, determines the planned special event will substantially interfere or conflict with:
1. Any other planned special event for which a permit has already been issued; or
2. Any other event or activity already approved within a park; or
3. The availability or provision of public safety or other necessary public services.
C. Notice Of Denial: Notice of a denial shall be deemed properly served if sent by United States Postal Service regular mail to the address on file in the City Clerk's Office that was provided by the applicant, or if notice is hand served upon the applicant. An applicant's failure to accept, acknowledge or receive notification of a denial shall not invalidate the denial, provided notice was properly served.
D. Included Provisions In Notice: Notice of a denial shall include the grounds upon which the denial is based, and shall include a statement that informs the applicant of their right to appeal the denial. (Ord. 10-14, 3-25-2014)