3-19-6: DESIGNATION OF FESTIVAL BLOCKS:
   A.   Request for Designation: Only an applicant, as defined in this chapter, may request that an area be granted festival block designation by the City Council. The City Clerk shall review the applicant's request and application for conformance with festival block standards. The City Clerk may deny a request for a festival block designation if the proposed site does not meet standards and regulations.
   B.   Application Process: The applicant requesting a festival block designation shall provide a true, valid, and complete application to the City Clerk.
   C.   Review Of Complete Application Recommendations: The City Clerk shall initially review the application for completeness and forward it to the Police and the Fire Chiefs for their recommendations.
   D.   Recommendations: The Police and Fire Chiefs shall provide the City Clerk in writing their recommendations whether to approve or deny the application and the facts and reasoning supporting their recommendations. The Police and Fire chiefs may recommend special conditions to be placed upon the festival block designation to protect the public's health, safety, and welfare, prevent unlawful disturbances or nuisances, and allow for emergency personnel access to the area. Recommended special conditions may include but are not limited to restrictions on the size or layout of the designated festival block site.
   E.   Application Investigation: The City Clerk shall investigate the required factors and standards for the proposed festival block site.
   F.   City Clerk's Denial Of Application: The City Clerk may deny an application for festival block designation for any of the following reasons:
      1.   The application is incomplete or inaccurate;
      2.   The application fee is not submitted with the application;
      3.   The Police Chief and Fire Chief do not recommend granting of the designation either absolutely or conditionally;
      4.   The commercial or residential premises within the proposed festival block have a history of alcohol license violations or criminal violations;
      5.   The proposed festival block site does not meet the factors and standards as set forth within section 3-19-8 of this chapter; or
      6.   Less than seventy five percent (75%) of the stakeholder businesses support the designation of the proposed festival block.
   G.   Public Hearing: The City Clerk's Office shall conduct a public hearing concerning any proposed festival block that the City Clerk has determined meets the initial designation factors, standards, and application requirements. The public hearing shall be held only after notice is published in the City's newspaper of record as set forth in 1-5-1 of this Code and written notification has been distributed to all the properties within three hundred feet (300') of the affected area at least fourteen (14) days prior to the date set for the hearing.
   H.   Recommendation To City Council: After conducting its investigation and public hearing, gathering other public input, and reviewing the application and recommendations by the Police and Fire Chiefs, the City Clerk may submit a written recommendation to the City Council regarding the designation of the proposed festival block. The written recommendation shall include the facts and reasoning the City Clerk relied upon to make their recommendation.
   I.   Action By City Council: The City Council may approve or deny the City Clerk's recommendation for a proposed area to be granted a festival block designation. The City Council may impose special conditions or terms on a designated festival block.
   J.   Determinations: The City Clerk shall determine the following for all designated festival blocks:
      1.   The geographical parameters of the festival block, which the Clerk's Office shall keep and maintain a copy thereof for the public to review upon request;
      2.   The design and proper posting requirements for all the festival block perimeter signs; and
      3.   The specific requirements for a special event application within a designated festival block to opt into an open container zone during such an event.
   K.   Appeal: Festival block designation applications denied by the City Clerk may request an appeal review of the denial following the review procedure set forth in section 3-19-14 of this chapter. (Ord. 13-22, 3-29-2022)