(a)   No permit shall be issued if the proposed assembly or special event:
      (1)   Will cause unreasonable injury or damage to the public space requested;
      (2)   Conflicts with a prior permit, or a prior application that is likely to be granted, for the same public space and for the same time;
      (3)   Will continue for a duration longer than seven days, including any setup or teardown time;
      (4)   Will involve such a number of persons or activities as will exceed the reasonable capacity of the public space requested;
      (5)   Will interfere with the provision of proper fire and police protection to the area adjacent to the public space requested or any other area within the city;
      (6)   Will adversely affect adjacent or neighboring properties by causing excessive noise or creating a nuisance;
      (7)   Will unreasonably interfere with the safe, orderly and expeditious movement of vehicular or pedestrian traffic;
      (8)   Will be conducted primarily for the purpose of private monetary gain or commercial advertisement; and
      (9)   Will fail to comply in any respect with the provisions of this subchapter or any other applicable law.
   (b)   No permit shall be issued to any applicant that has unpaid or past due fees under this subchapter for any prior special event.
   (c)   No permit shall be issued for any assembly or special event to be held on any arterial street between the hours of 7:00 a.m. and 9:00 a.m., 11:30 a.m. to 1:00 p.m., and 3:30 p.m. to 6:30 p.m., Monday through Friday, without provision being made for an adequate number of police officers to provide for the safe, orderly and expeditious movement of vehicular and pedestrian traffic.
   (d)   In determining whether an application should be approved, the city may consider:
      (1)   Whether in holding any previous assembly or special events, the applicant has conformed to all permit requirements and the provisions of this subchapter; and
      (2)   The financial and practical ability of the applicant to conduct the proposed assembly special event in conformance with the provisions of the permit and this subchapter.
   (e)   No permit shall be issued for an event within 60 days in the case of a Class 2 or higher special event, 30 days in the case of a Class 3 or lower special event, or 48 hours in the case of an assembly after the application was filed with the city.
(Ord. 39-12, passed 6-19-2012)