(A) Application. Any person or organization desiring to use a public area of a public building or its grounds shall first obtain a permit from the Buildings Manager. To obtain the permit, a copy, sample, or description of any material or item proposed for distribution or display and a written application on a form provided by the Buildings Manager shall be submitted, setting forth the following:
(1) The full name, mailing address, and telephone number of the applicant;
(2) The full name, mailing address, and telephone number of the person or organization sponsoring, promoting, or conducting the proposed activity;
(3) The full name, mailing address, and telephone number of the individual person or persons who will have supervision of and responsibility for the proposed activity;
(4) A description of the proposed activity;
(5) The proposed dates and hours during which the activity is to be carried out;
(6) The approximate number of persons to be engaged in this activity, if known;
(7) An agreement to indemnify the county, its officers, boards, committees, agents, and employees from losses or claims of every kind and nature arising out of or resulting from the acts or omissions of the applicant, its officers, agents, or employees in connection with the permitted activity (but not for damages or losses directly caused by spectators or others reacting to the exercise of the applicant’s protected First Amendment rights);
(8) The proposed location of the activity;
(9) The time at which the applicant, its agents, or employees, intend(s) to begin to assemble for the activity;
(10) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the activity;
(11) The approximate number of spectators expected;
(12) A designation and description of any county services or equipment proposed to be utilized;
(13) A plan the applicant proposes to follow to clean and clear the site of the activity from debris, litter, pamphlets, and activity-related signage upon conclusion of the activity; and
(14) Any additional information that the Buildings Manager finds reasonably necessary to a fair determination as to whether a permit should issue.
(B) Applicant’s authority. If the applicant claims to represent an organization, a letter or other documentation is required showing that the applicant has authority to represent that organization.
(C) Applications for permit to solicit contributions. Any applicant desiring to use a public area of a public building or its grounds for purposes of soliciting funds not prohibited by § 37.038 shall, in addition to the above requirements, submit a statement signed by the applicant that the applicant represents, and will be soliciting funds for, a non-profit charitable, fraternal, religious, veterans, or political group, and that the:
(1) Applicant’s organization has received an official Internal Revenue Service (IRS) ruling or letter of determination stating that the organization or its parent organization qualifies for tax-exempt status under 26 U.S.C. § 501(c)(3), (c)(4), or (c)(5); or
(2) Applicant’s organization has applied to the IRS for a determination of tax-exempt status under 26 U.S.C. § 501(c)(3), (c)(4), or (c)(5), and that the IRS has not yet issued a final administrative ruling or determination of this status.
(D) Failure to complete application. Failure to submit the information required by subsections (A), (B), and (C) of this section shall result in denial of a permit; however, no permit shall be denied without the opportunity for a hearing as provided for herein.
(E) Filing. Applications shall be filed during regular working hours in the Buildings Manager’s office or any other place as he or she may designate. Applications shall be filed a reasonable period of time in advance of the proposed activity, taking into account the number of participants and spectators expected to attend the activity, the police protection and crowd control necessary to ensure the safety and welfare of the participants, spectators, and the public, the potential disruption to the county agencies, departments, and services and the public’s access thereto, and the spontaneity or timeliness of the subject matter to which the activity pertains. Applications may be submitted by mail or in person. If mailed, applications are deemed filed upon receipt by the Buildings Manager.
(F) Permit issuance. A single permit shall be issued, disapproved, or an alternative permit issued without unreasonable delay, and in no event later than ten days following receipt of the completed application by the Buildings Manager. A permit is deemed a privilege, and not a property right of the applicant.
(1) Except as provided in § 37.063, each permit shall authorize the permittee to conduct the activity for the period of time requested; provided that a permit shall not be issued for a period of time in excess of seven calendar days, unless specifically approved by the Financial and Administrative Committee. After the expiration of the permit, a new permit may be issued to the former permit holder upon submission of a new application. In such a case, applicants may be permitted to incorporate by reference any required information or documentation filed with a previous application.
(2) If permits are requested for the same public area for the same time period, the Buildings Manager will issue permits on a first-come, first-served basis.
(Ord. passed 10-9-2007; Ord. 18-0466, passed 5-8-2018)