(A) Order. Application for permits shall be processed in order of receipt, and the use of a particular area shall be allocated in order of receipt of fully executed applications accompanied by the application fee.
(B) Conditional approval. Applications for permits for activities or events which require insurance, approval or permits from other governmental entities, or compliance with other terms or conditions, will be reviewed and, if the application otherwise conforms to all other requirements, a conditional approval will be issued. If, within the time frame prescribed by the City Council, any required fee or security deposit is not paid, or an insurance certificate evidencing the requisite insurance is not filed with the City Clerk, or the approval or permit of other governmental entities has not been received, or the other terms and conditions have not been met, the conditional approval will automatically expire, the application for permit will be deemed denied and written notices of denial will be sent to the applicant. No permit shall be issued unless all applicable fees and security deposits are paid within the times prescribed by the City Council. Failure to pay fees or security deposit within that time frame shall cause the application to be deemed denied and further notice sent to the applicant.
(C) Written denials.
(1) Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied and, where feasible, shall contain a proposal by the city for measures by which the applicant may cure any defects in the application for permit or otherwise procure a permit.
(2) To the extent permitted by law, the City Clerk may deny an application for permit if the applicant or the person on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The City Clerk may also deny an application for permit on any of the following grounds:
(a) The application for permit (including any required attachments and submissions) is not fully completed and executed;
(b) The applicant has not tendered the required application fee, indemnification agreement, insurance certificate, or security deposit as required by this chapter;
(c) The application for permit contains a material falsehood or misrepresentation;
(d) The applicant is legally incompetent to contract or to sue and be sued;
(e) The applicant or the person on whose behalf the application for permit was made has on prior occasions damaged city property and has not paid in full for the damage, or has other outstanding and unpaid debts to the city;
(f) A duly executed prior application for permit for the same time and place has been received, and a permit has or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular area;
(g) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place;
(h) The proposed use or activity is prohibited or inconsistent with the classifications and uses of the area designated pursuant to this chapter and the inventory maintained by the City Clerk;
(i) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the area, employees or of the public;
(j) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulation of the city concerning the sale or offering for sale of any goods or services; or
(k) The use or activity intended by the applicant is prohibited by law, by this code and ordinances of the city, or by regulations of the City Council.
(D) Issuance of a permit. If the application is complete (including any required attachments and submission) and properly executed, the City Clerk may issue a permit under this chapter for any permitted use. If the proposed activity or event requires that a public street be closed, the application shall be forwarded to the City Council for their approval or denial.
(Prior Code, § 47-3)