(A) The Mayor may grant a waiver to the provisions of §§ 5.6.2 and 5.6.3 for the purpose of holding public assemblies in locations within the City which are open to the public. Such application does not require consideration by the full City Council, but may be acted upon by the Mayor without appearing on the City Council agenda, at the discretion of the Mayor.
(1) All applications for a waiver shall be submitted in a timely manner prior to the event. Timely, in this instance, is a minimum of 14 days prior to the event and preferably 30 days. The form for such application shall be provided by the City and shall be signed by the applicant. The application may not be filed more than 180 days before the event. The minimum period may be waived after due consideration of the factors specified under division (F) below of this section.
(2) Applications submitted shall have proof of insurance in an amount acceptable to the City; and which includes the City as an additional insured.
(3) The application shall designate either the applicant, or one or more members of the group submitting the application, as the contact person for the event. The contact person shall be present at all times during the event, and shall not consume any alcoholic beverages during the event, and shall be in charge of and responsible for all beverage servers and patrons.
(B) If the application is for the use of any city equipment or if any city services shall be required, the applicant shall pay, prior to the issuance of a waiver, the charges for those services in accordance with any schedule of service costs approved by the city commission by resolution.
(C) If the event is to be held on a regular or recurring basis at the same location, an application for a waiver for the calendar year or any portion thereof may be filed at least 60 days and not more than 180 days before the date and time of the first event proposed. The Mayor or City Council, as appropriate, may waive the minimum period after due considerations of the factors under division (F) below of this section.
(D) An application not acted upon within ten calendar days of submission, or by the day of the event, shall be deemed denied.
(E) The Mayor shall uniformly consider each application upon its merits and shall not discriminate in granting or denying waivers under this chapter based upon political, religious, ethnic, color, race, creed, national origin, age, marital status, gender or actual or perceived sexual orientation, gender identity or disability related grounds.
(F) Any application submitted in a less than timely manner as designated in this section may be denied as untimely without further review, unless a waiver of the minimum filing period is granted after due consideration of the date, time, place and nature of the event, and a determination that the impact on City services and public safety will not be adversely impacted by granting such a waiver. An approved application shall be given to the applicant by personal delivery or by mail. If no action has been taken within ten calendar days of submission or by the date of the event, the application has been deemed denied.
(G) Upon granting the waiver, a copy of the waiver shall be routed as may be appropriate in the discretion of the Mayor.
(H) In the event the Mayor denies the waiver request, the Mayor may authorize the activity at a different time, date or location and issue an alternate waiver to the applicant.
(I) In the event the waiver is denied by the Mayor, the applicant may appeal the decision to the City Council by submitting the completed application, as it existed at the time of the decision by the Mayor, to the Clerk/Treasurer together with a letter explaining why the applicant believes the decision should be overturned. The appeal materials must be received within seven calendar days of the decision by the Mayor. Appeals received after that time will be returned as untimely. The Clerk/Treasurer shall, upon receipt of a timely appeal, schedule the public hearing for the next regular meeting of the City Council, providing for appropriate notice according to the applicable rules. To reverse the decision of the Mayor, the concurring vote of a majority of the commission shall be needed to approve the application or approve the application with additional conditions. The decision of the City Council shall be final.(1985 Code, § 9.04.040) (Ord. 372, passed 8-20-2019)