A. Permits for special events involving only the exercise of free speech rights may be denied by the city manager by written notice to the applicant of the city manager's findings that approving the permit would be contrary to the public interest for one or more of the following reasons:
1. A large number of persons would be seriously inconvenienced by the special event for one or both of the following reasons:
a. The time and duration of street closures and parking restrictions will unduly interfere with the operation of businesses, schools, hospitals, churches, or other private, public or quasi-public institutions located adjacent to the proposed special event site, and the applicant is unable or unwilling to modify the special event scope, location, date, time, or duration to minimize such interference; or
b. The time and duration of the use of amplified sound would unduly interfere with the quiet enjoyment of residential property for an extended period of time, and the applicant is unable or unwilling to modify the special event scope, location, time or duration to minimize such interference.
2. Approving the permit would be contrary to the public health, safety, or welfare for one or more of the following reasons:
a. The special event will unduly interfere with ingress to, egress from, or travel on a freeway or state designated highway;
b. The special event requires a temporary street closure that will unduly interfere with the orderly and safe movement of traffic, the provision of public services unable or unwilling to modify the special event scope, location, date, time or duration to minimize such interference;
c. The special event will require a significant diversion of police officers such that police protection for other areas of the city may be adversely impacted, and the applicant is unable or unwilling to modify the special event scope, location, date, time or duration to minimize such impact; or
d. The anticipated number of special event participants would exceed the capacity of the street, sidewalk, alley, or park.
B. For special events involving activities other than only the exercise of free speech rights, the special event permit may be denied by the city manager by written notice to the applicant of the city manager's findings that: (1) approving the permit would be contrary to the public interest or the public health, safety, or welfare for the reasons set forth in subsection A; or (2) the assembly to occupy all or any portion of a public street, sidewalk, alley, or park would detract from the use of such public facilities for their intended and ordinary purposes and the special event scope, location, date, time, or duration would adversely impact the surrounding neighborhood.
C. Applications for a special event permit may be denied by the city manager, by written notice to the applicant of the city manager's findings that the applicant or the sponsoring organization either was issued a citation within the prior three year period for: (1) failure to obtain a special event permit; (2) material misrepresentation of the conditional use permit scope or number of participants; or (3) violation of the permit conditions; or the prior event caused damage to city property and the debt remains outstanding.
D. Special event permits may be revoked by the city manager, and the city manager may order cancellation or termination of a special event, by written notice to the applicant of the city manager's findings that allowing the special event to occur or continue would be contrary to the public interest, or the public health, safety, or welfare for one or more of the following reasons:
1. The applicant, after receiving a special event permit: (a) fails or refuses to inform the city of significant changes to the special event from what was set out in the application; (b) has submitted false or misleading information as part of the application; (c) fails to comply with a special event permit condition; or (d) fails to obtain or comply with any other required city, state, or local permit;
2. A significant number of the participants expected to attend the special event have made it known that they have a specific intent, manifested by specific plans, to engage in or provoke violence;
3. A fully enforced general curfew will be in existence at the time and place for the special event, creating the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit;
4. There is an emergency that creates the need to prevent the special event from occurring or continuing at the date, time, and place specified in the special event permit;
5. The special event organizer failed to make a timely application for a special event permit, and the special event does not qualify for a permit waiver as provided in Section 12.48.040;
6. After issuance of the special event permit, the city manager discovered that: (a) the special event will conflict with a previously scheduled special event or street closure at the same or adjacent location; (b) the special event activities would violate a city, state, or local law or regulation; or (c) the permit was otherwise issued in error; or
7. There are grounds for denial of the special event permit as stated in subsections A, B, and C.
E. No special event permit shall be denied or revoked, except in an emergency, without providing a reasonable opportunity for a hearing for the applicant to challenge the basis of the permit denial or revocation as provided in Section 12.48.140. (Ord. 2012-042 § 4)