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§ 32.41 ESCROW DEPOSIT.
   (A)   The applicant or sponsor of the special event involving the sale of food or beverages for immediate consumption, erection of structures, animals, water aid stations or another activity likely to create a substantial need for cleanup or extraordinary security measures due to public safety may be required by the city to provide an escrow deposit prior to issuance of the special event permit.
   (B)   The deposit shall be in an amount set by the City Council. The deposit will be returned to the applicant if the area used for the special event has been cleaned and restored to the same condition as it existed prior to the event and if no extraordinary security measures were required by the city for the event.
   (C)   If the property used for the event has not been properly cleaned or restored or if the city employed extraordinary security measures for public safety reasons, which were deemed necessary by the city, the applicant will be billed for the actual costs, less the escrow deposit.
   (D)   Failure to pay costs when due is a violation of the city code and may result in the issuance of an administrative citation and denial of any city approvals in the future.
(2001 Code, § 1017.13) (Ord. 10-15, passed - -)
§ 32.42 INSPECTIONS.
   The applicant must allow Health Officials, representatives from the licensing staff and the Building Department to inspect the property and buildings or structures that will be used for the event for the purpose of ensuring compliance with the law.
(2001 Code, § 1017.15) (Ord. 10-15, passed - -)
§ 32.43 APPLICATION CONSIDERATION.
   The City Council shall review the special event permit application and make a determination on whether to approve, deny or approve the permit with conditions and requirements as may be necessary to protect the public health, safety and welfare.
   (A)   Permit denial. The City Council may deny an application for a special event permit if it determines from a consideration of the application or other pertinent information, that:
      (1)   The information contained in the application or supplemental information requested from the applicant is false or there is a material defect or omission in the application;
      (2)   The applicant fails to supplement the application after having been notified by the city of additional information or documents needed;
      (3)   The applicant fails to agree to abide by or comply with all of the conditions and terms of the special event permit;
      (4)   The time, route, hours, location or size of the special event will unnecessarily disrupt the movement of other traffic within the area of the special event;
      (5)   The special event is of the size or nature that requires the diversion of too many law enforcement officers to properly police the event, site and contiguous areas such that allowing the special event would unreasonably deny law enforcement protection to the remainder of the city and its residents;
      (6)   Another special event permit application has already been approved to hold a different special event at the same time and place requested by the applicant or is so close in time and place as to cause undue traffic congestion, or the city is unable to meet the needs to provide for law enforcement and other city services for both special events;
      (7)   The location of the special event would cause undue hardship for adjacent businesses or residents;
      (8)   The location of the special event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way;
      (9)   The special event would endanger the public health, safety or welfare;
      (10)   The special event would seriously inconvenience the general public’s use of public property, sendees or facilities;
      (11)   The applicant fails to comply with the insurance requirements or the applicant’s insurance lapses or is canceled;
      (12)   The special event would create or constitute a public nuisance;
      (13)   The special event would be likely to cause significant damage to public property or facilities;
      (14)   The special event would engage in or encourage participants to engage in illegal acts;
      (15)   The applicant cannot meet or is unwilling to meet all of the requirements of this subchapter;
      (16)   The applicant fails to submit all application fees, investigation fees, inspection fees or the escrow deposit; and
      (17)   Other issues in the public interest that are identified by the City Council.
   (B)   Permit approval with conditions.
      (1)   The City Council may condition the approval of a special event permit by imposing reasonable conditions concerning the time, place and manner of the special event, if those conditions are necessary to protect the safety of persons and property, provided that the conditions shall not unreasonably restrict the right of free speech.
      (2)   Those conditions may include, but are not limited to:
         (a)   Alteration of the date(s), time(s), route or location of the special event proposed;
         (b)   Elimination of an activity at the special event which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the city;
         (c)   Requirements concerning the staging and disbanding areas of a parade or other events occurring along a route;
         (d)   Requirements concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way;
         (e)   Requirements for the use of traffic cones or barricades;
         (f)   Requirements for the use of city personnel and equipment;
         (g)   Requirements for the provision of first aid or sanitary facilities at the special event;
         (h)   Requirements for the use of special event monitors and providing notice of the special permit conditions to the events’ participants;
         (i)   Requirements or restrictions on the number and type of vehicles, animals or structures to be allowed at the special event and the inspection and approval of floats, structures and decorated vehicles by the city for safety purposes;
         (j)   Requirements for the use of garbage containers and the cleanup and restoration of any public property;
         (k)   Requirements for employing security personnel for the event or implementing specific security measures to ensure the safety of the public;
         (l)   Restrictions on the use of amplified sound;
         (m)   Requirements to provide notice of the special event to surrounding property owners;
         (n)   Requirements for an escrow deposit; and
         (o)   Restrictions on the sale or consumption of food and alcohol.
(2001 Code, § 1017.17) (Ord. 10-15, passed - -)
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