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SEC. 42A-28.   DENIAL OR REVOCATION.
   (a)   The director shall deny a neighborhood market permit if:
      (1)   the proposed neighborhood market will be located within one mile of another neighborhood market permitted under this chapter that has the same or overlapping operating dates and times;
      (2)   the proposed neighborhood market will unreasonably disrupt the surrounding areas or the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
      (3)   the applicant fails to adequately provide for:
         (A)   the protection of the vendors and attendees at the neighborhood market;
         (B)   maintenance of public order in and around the neighborhood market location;
         (C)   crowd security, taking into consideration the size of the neighborhood market; or
         (D)   emergency vehicle access.
      (4)   the applicant fails to comply with or the proposed neighborhood market will violate a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this article;
      (5)   the applicant makes a false statement of material fact on an application for a neighborhood market permit or fails to properly complete an application for a neighborhood market permit;
      (6)   the applicant has had a neighborhood market permit revoked within the preceding 14 months;
      (7)   the applicant or a vendor at the applicant's neighborhood market has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a neighborhood market permit or this chapter;
      (8)   a neighborhood market has been conducted at the location of the proposed neighborhood market on at least 40 days during the same calendar year in which the proposed neighborhood market is to be conducted;
      (9)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the neighborhood market would pose a serious threat to the public health, safety, or welfare;
      (10)   the applicant or any other person responsible for the conduct or sponsorship of the neighborhood market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or other person or the applicant fails to pay any outstanding fees assessed under Section 42A-6 for the proposed neighborhood market or for a past neighborhood market; or
      (11)   the applicant has a history of conducting or sponsoring a neighborhood market in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.
   (b)   The director shall revoke a neighborhood market permit if:
      (1)   the permit holder failed to comply with or the neighborhood market is in violation of any provision of the neighborhood market permit, a city ordinance, or any other applicable law;
      (2)   the permit holder made a false statement of material fact on an application for a neighborhood market permit or failed to properly complete an application for a neighborhood market permit;
      (3)   the chief of the police department, the chief of the fire-rescue department, or the director determines that the neighborhood market poses a serious threat to the public health, safety, or welfare;
      (4)   the permit holder failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed neighborhood market or for a past neighborhood market;
      (5)   the permit holder or any other person responsible for the conduct or sponsorship of the neighborhood market is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the permit holder or other person;
      (6)    the applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by another city ordinance or other applicable law for the conduct of all activities included as part of the neighborhood market; or
      (7)   the director is notified of any code violations on the property where the neighborhood market will be held. (Ord. 31144)