(A) The Administrator can revoke a film permit upon learning or discovering facts requiring permit denial not previously disclosed or reasonably discoverable.
(B) The Administrator may revoke a film permit when the permittee and/or filming violates the permit's terms and conditions, or when filming participants violate applicable laws or regulations; provided, however, that this subsection does not authorize revoking a permit because of the need to protect participants from the conduct of others; and, provided further, that the Administrator cannot revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within a reasonable time.
(C) If the Administrator revokes a permit before the filming date, the Administrator must immediately serve written notice of revocation on the permittee and provide copies of the notice to all city personnel charged with carrying out any responsibility under this chapter. If the Administrator revokes a permit on the day of filming after learning of facts justifying revocation less than 24 hours before the filming commenced, the Administrator must announce such action to the filming participants, city officers and employees monitoring or controlling traffic during the filming, and the person in charge of the filming, if such person can be located at the filming location. Written notice must be delivered after such action to the permittee.
(D) An applicant is entitled to an administrative hearing before a hearing officer designated by the city manager provided.
(1) The applicant appeals the Administrator's decision within 24 hours of receiving notice of such conditions;
(2) Filming is scheduled at least 48 hours after the hearing time;
(3) The hearing will be at the Administrator's office at 4:00 P.M. the day after the hearing is requested, unless otherwise agreed upon. The hearing officer will issue a decision orally at the conclusion of the hearing and also notify the applicant, the Administrator in writing of the hearing officer's decision;
(4) Any notification of action, whether oral or written, must describe with particularity the facts and the reasons for the decision;
(E) The Administrator must consult with the city attorney before revoking a filming permit.
(F) Appeals to Council. Any person aggrieved by the decision of the Administrator may appeal to the council in the manner provided by this chapter.
(G) Failure to appeal. In the event no appeal is taken by the permittee, the decision of the Administrator revoking or suspending such permit becomes final and conclusive on the expiration of the time fixed for the appeal as set forth in this chapter.
(Ord. 1225, passed 1-19-10)