(a) Upon review of the application and from such other information as may otherwise be obtained, the Director of Public Safety and Service shall issue a permit under this chapter when he finds that all of the following circumstances exist.
(1) The applicant has not made any false, misleading or fraudulent statement of material fact in the application for the permit or in any other document required by this chapter.
(2) The applicant has met the standards in this chapter and has paid the fee required and agrees to such conditions as are imposed in the permit.
(Ord. 147(02-03). Passed 1-16-03.)
(3) The proposed activity will not conflict with or interfere with another proposed activity for which a permit has been granted under this chapter, or where the permit requested is for a park event, that the activity will not conflict with regularly scheduled league or tournament activity or use of special purpose areas of the parks, including without limitation the fitness trail and private rental of the community center at Gold Star Park.
(Ord. 320(16-17). Passed 11-16-17.)
(4) The proposed activity will not substantially disrupt police and fire protection, nor the movement of pedestrian and vehicular traffic, especially during normal business hours.
(5) If the proposed permit includes the sale of goods and merchandise:
A. The applicant is an association of merchants organized for at least a year and at least one member of the association or organization maintains its regular place of business on each block to be closed; or
B. The items to be sold are manufactured or made by the seller, or if flowers or vegetable products, picked, arranged and produced by the seller.
(6) If a large concentration of persons is anticipated in attendance, that adequate provisions have been made for sanitation, crowd control, police protection, traffic control and routing, emergency health care and clean up.
(7) Where the permit requests use of or will result in the elimination of access to a City parking lot, the proposed activity will not conflict with rights of any periodic rental customers during hours when payment would normally be required for parking privileges, or suitable alternative parking space is provided.
(8) The applicant has not within the preceding five years under a prior permit, violated a material term or condition of a permit, unless a change in circumstances, management or control, or other precautions to prevent the recurrence of the violation are shown by the applicant so as to reasonably assure the Director of Public Safety and Service that the terms and conditions of the permit will be followed.
(Ord. 147(02-03). Passed 1-16-03.)
(9) No carnival type exhibitions or carnival rides shall be permitted in connection with any street fair/festival or park event; provided, however, that inflatable rides operated by amusement ride companies licensed by the Ohio Department of Agriculture are permissible if they provide minimum primary liability insurance coverage in the amount of $2,000,000.00 per occurrence with the City of Marietta as a named insured.
(10) No games or schemes of chance shall be permitted in connection with any street fair/festival or park event; provided, however, that the permit holder may conduct games or schemes of chance all proceeds of which are donated to a nonprofit organization or to an I.R.C. Section 501(c)(3) charitable organization after deduction of only the expenses of the prizes awarded for participation.
(11) The applicant is a charitable organization or nonprofit organization; or there is designated a charitable organization, as defined in I.R.C. Section 501(c)(3), to whom all proceeds after reasonable expenses shall be donated by the applicant, subject to the limitations more fully set forth in subsection (10) above.
(Ord. 72(08-09). Passed 5-15-08.)
(b) In the event the Director of Public Safety and Service shall receive applications for permits to be issued under this chapter that are in conflict either as to dates, locations and/or facilities, or purposes, then in determining which permits(s) to issue the Director shall give first priority to an applicant who shall have been issued a permit for the same or substantially similar activity in the prior calendar year.
(Ord. 147(02-03). Passed 1-16-03.)