(a) The outdoor events manager may modify, deny or revoke a special event or parade permit when, due to the scope of the event, and the number of police personnel required to provide protection and traffic control for the event, and due to the need for police personnel elsewhere in the city, the event would require the diversion of such a number of police personnel that it will be more likely than not that normal police protection elsewhere in the city cannot be provided continuously and safely for the duration of the event. If the application for a permit is denied by the outdoor events manager, the denial shall state the reasons for the denial of the application. All notices required under this section shall be in writing and sent by certified mail, return receipt requested, through the United States postal service.
(b) The outdoor events manager may deny a special event or parade permit for failure of the applicant to comply with the requirements set forth in this article. In no event shall a permit be denied be based on any of the factors set forth in § 20-405(b).
(c) The outdoor events manager may deny a special event or parade permit when by reason of disaster, public calamity, riot or other emergency, the outdoor events manager, in consultation with the police chief and/or fire chief, determines that the health and safety of the public or property requires revocation or denial, provided that the outdoor events manager shall not deny a special event or parade permit based on any of the factors set forth in § 20-405(b).
(d) The outdoor events manager shall deny a permit if:
(1) An applicant has an outstanding debt with the city, or if the event is done on behalf of or in the name of a person, organization, corporation or other group that has an outstanding debt with the city, until such time as payment is received in full;
(2) An applicant has failed or is unwilling to comply with all the requirements of the pre-event committee;
(3) An applicant has failed to complete payment of any sums required for a previously permitted event, until such time as payment is received. In the alternative, the outdoor events manager may condition the granting of a new permit on the payment of amounts in arrears in connection with the previous event. The outdoor events manager may not require the payment of arrears for previous events unless the outdoor events manager or his or her designee had mailed or delivered to the applicant a demand for such payment within 60 days after the ending date of such previous event;
(4) The applicant is legally incompetent to contract or to sue and be sued;
(5) An applicant who caused significant damage to city streets, sidewalks, parks and/or other city real or personal property and, at the time of submitting an application for a new event, failed to adequately repair the damage or failed to pay a bill for restoration services in full, provided that the outdoor events manager or his or her designee, mailed or delivered to the applicant a demand for such repair or restoration fees within 60 days after the ending date of such previous event;
(6) The applicant has, in this city, violated a material condition and/or restriction of a permit, or if the applicant’s conduct regarding the event was in violation of law or local ordinance;
(7) It appears by competent evidence that the applicant has made a material misrepresentation or given incorrect material information on the application. Prior to such denial or revocation, the outdoor events manager shall notify the applicant of the evidence and provide the applicant with three business days in which to rebut said evidence in writing;
(8) The applicant fails to submit a complete application, including an acceptable emergency services and fire safety plan and traffic control plan;
(9) The applicant fails to attend and participate in the scheduled events calendar committee meeting, if required, and the pre-event meeting;
(10) The applicant does not have all the necessary permits required to carry out the event, or does not fulfill any or all of the other event requirements, as established in this article;
(11) The applicant is unable or unwilling to provide any required insurance;
(12) The applicant has failed to pay all application and permitting fees;
(13) The applicant is unable or unwilling to pay any additional costs related to health and safety as may be required;
(14) The applicant has failed to execute a user fee agreement;
(15) A prior application for a permit for the same time and place has been received and the permit has been or will be granted and the applicant did not accept alternative dates, times and location offered by the events calendar committee;
(16) The use of activity intended by the application would conflict with previously planned programs conducted by the city at the same time and place as determined by the events calendar committee;
(17) The applicant fails to provide any additional information that has been requested by the outdoor events manager; or
(18) At any time, the event is being held for an unlawful purpose, and/or violates a federal, state or local law or ordinance.
(e) When the outdoor events manager denies a permit, he or she shall set forth in writing the reasons for such denial in as much detail as possible. When the outdoor events manager modifies a permit application, he or she shall, if requested by the applicant, state in writing on the permit the reasons for the modification in reasonable detail. A modification, denial or revocation based upon inadequate police resources shall state with specificity the reasons for the outdoor events manager’s opinion, giving as much detail as is possible. In denying the permit, or in granting the permit with modifications, the outdoor events manager shall abide by the provisions of this article. Where a permit for an event is denied or modified, the outdoor events manager or his or her designee shall forward a copy of the written determination to the city manager and the council member(s) of the affected district.
(Ord. 19255-08-2010, § 1, passed 8-3-2010, eff. 10-1-2010)