(a) Application for an outdoor event shall be granted to an applicant by the Building Official within 15 business days of the filing of the application unless the Building Official finds from a preponderance of the evidence presented that:
(1) false or misleading information is contained in the application or required information is omitted;
(2) the preparations specified in the application are insufficient to protect the community or the persons attending the event from health dangers or to avoid violations of state or local law;
(3) the city, upon investigation, determines the promoter has failed to comply with the requirements of an agreement with any city from a previously scheduled event, or has failed to adhere to all requirements of law in conducting a previous event;
(4) the times and place for the event create a substantial danger of traffic or pedestrian congestion and disruption of other lawful activities;
(5) the preparations specified in the application are insufficient to limit the number of persons in attendance at the event to the maximum number stated in the application;
(6) the preparations specified in the application fail to meet the requirements for a certificate of occupancy and all other requirements of the applicable chapters of the Code of the city, including but not limited to the provisions of the "fire code" and "zoning" chapters of said Code, and the applicable requirements of the Texas Food Establishment Rules where food or beverages will be offered for sale or consumption as said ordinances, laws or rules currently exist and as they may hereafter be amended;
(7) the event would violate any applicable federal, state or municipal law;
(8) the preparations fail to meet the conditions which the Building Official has required pursuant to the conditions for permit established by Articles I and II;
(9) the proposed event would conflict with another event regulated by this article;
(10) the applicant has failed to pay past fees associated with an outdoor event;
(11) the applicant has committed any violation of a provision of this article within the previous 12 months; or
(12) the event does not comply with applicable zoning ordinances and/or restrictions of the city.
(b) Any application denied under subsection (a) above may be amended within five business days of the denial. Any amended application shall be reprocessed under said subsection (a) above as if an original application but without an additional fee being assessed.
(Ord. No. 3162, § 3, 10-10-02)