A. Except as otherwise provided in Subsection B., the approval authority shall issue a permit upon a finding that the following requirements have been met, unless a particular requirement is waived by the approval authority:
1. The permit application has been reviewed by the appropriate departments and approval has been recommended by those departments. If a deposit is required by Public Works, the applicant has agreed, in writing, to make the deposit;
2. The applicant has obtained and provided required satisfactory evidence of insurance policies, bonds and other means of securing obligations;
3. The applicant has obtained all necessary permits and approvals from other agencies, including the New Mexico Department of Transportation and other agencies having jurisdiction in the case of a special event affecting State rights-of-way;
4. The applicant has contracted with SPPD for any necessary security services or has otherwise provided for adequate security. If a security plan was required; the applicant has provided for security under the approved plan. If a deposit is required by SPPD, the applicant has agreed, in writing, to make the deposit;
5. The applicant has contracted with SPFD for any necessary safety and medical services or has otherwise provided for adequate safety and medical care. If a safety plan was required; the applicant has provided for safety personnel under the approved plan. If a deposit is required by SPFD, the applicant has agreed, in writing, to make the deposit;
6. Where required, the applicant has obtained approval of any necessary temporary traffic control plan by the Director of Public Works;
7. The applicant has obtained or caused to be obtained all required business licenses to conduct the activities proposed for the special event;
8. The applicant has complied with the provisions of this Chapter, paid in advance all required fees, and agreed to comply with the conditions to be imposed upon the permit;
9. The activities proposed for the special event will not violate applicable noise restrictions;
10. The concentration of persons and equipment will not unduly interfere with normal and proper fire and police protection services, ambulance services, or with the orderly operation of public roadways, sidewalks, hospitals, parks, schools, or other public and quasi-public institutions;
11. The applicant has provided reasonable means for informing all interested persons or persons whose commercial interests may be adversely impacted of the special event, and has an appropriate plan to inform persons participating in the event of the terms and conditions of the permit and of applicable laws; and
12. In the case of a residential block party or other similar neighborhood event, the applicant has submitted a petition in favor of the event signed by at least four-fifths (4/5) of the residents of the block or area to be occupied by the event.
B. The approval authority may deny a permit upon an unfavorable determination regarding any of the items described in Subsection A. In addition, the approval authority may deny a permit if the applicant, in connection with a previous special event permit issued to the applicant, has:
1. Violated a condition of that previous permit; or
2. Violated a provision of this Code in connection with the event authorized by that permit.
C. Independent of any other provision of this Chapter, the approval authority may deny or withhold further action on a permit application upon a determination that:
1. The permit application is incomplete or a submittal required by this Chapter has not been submitted in a timely manner; and
2. There is insufficient time remaining before the date of the proposed special event for the application to be processed, reviewed and approved even if the application is completed or the required submittals received. (Ord. 2020-6, 9-1-2020)