(A) Completed applications for a permit authorizing a free speech event:
(1) Will be filed in the Director's office at least two business days before the date of such event to ensure an administrative review. The Director may, but is not required to, accept a completed application less than two business days before an event upon good cause shown. Applications will not be accepted less than 24 hours before an event.
(2) Will be denied, approved, or conditionally approved by the Director within one business day after receiving the application. The Director will promptly attempt to notify the applicant orally, and provide written notification to the applicant and City Manager. Such notice will provide detailed facts and reasons for any denial or conditional approval.
(3) The Director will consult with the City Attorney's office before denying, or specially conditioning, a permit for a free speech event.
(B) The Director must receive applicant's acceptance of the approval or conditional approval at least 24 hours before the event. Failure to accept the Director's decision or to timely file an administrative review request will be deemed a withdrawal of the application.
(C) The applicant may appeal to the City Manager in writing within one business day of either oral or written notification, whichever is first.
(D) An administrative hearing will be held at a time and place mutually agreeable to the parties. If the parties cannot agree on the time or place, then it will be held the next business day after the Director's decision at 4:00 p.m. in the City Manager's office. The City Manager will issue a decision orally at the conclusion of the hearing and will also notify the applicant and the director in writing of the City Manager's decision. Any notification will describe, with particularity, the facts and reasons supporting the decision.
(E) The City Manager's decision is a final determination. There will be no right of City Council appeal.
(F) Applicant will be deemed to have waived his/her administrative review rights should the applicant fail to:
(1) File a completed application at least two days before an event;
(2) Seek review of the Director’s decision; or
(3) Attend the administrative hearing personally or through an authorized representative.
(Ord. 1129, passed 12-20-04)