Sec. 22-97Denying and revoking permits

Upon submission of a complete application and all information and materials required by this chapter, payment of any required fee, and receipt of any additional materials deemed necessary, the city manager shall, within ten business days, act on the request for a special event permit unless additional time is provided by agreement with the applicant. If additional time is necessary due to the absence of the city manager and the applicant does not agree to additional time to permit the city manager's review of the application and materials, the application may be denied for lack of appropriate review.

(a) Reasons for denial of a special event permit include:

(1) The event will disrupt traffic within the city beyond practical solution;

(2) The event will interfere with access to fire stations and fire hydrants;

(3) The location of the special event will cause undue hardship to adjacent businesses or residents;

(4) The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city;

(5) The application contains incomplete or false information;

(6) The applicant fails to comply with all terms of this article including failure to remit all fees and deposits or failure to provide proof of insurance, bonds and a save harmless agreement to the city; or

(7) The event will last longer than seven days.

(b) All permits issued pursuant to this article shall be temporary and do not vest any permanent rights. Reasons for revocation of a special events permit include:

(1) Application contained incomplete or false information;

(2) Applicant does not comply with all terms and conditions of permit or any other applicable city, state, or federal laws;

(3) Applicant fails to arrange for or adequately remit all fees, deposits, insurance or bonds to the city; or

(4) There exists an emergency or exigent circumstances such as a disaster or public calamity that impacts the public safety, health, welfare, and good order to such an extent that it is reasonably prudent to revoke or deny the permit.

(c) If an application for a permit is denied or revoked, the city manager shall notify the applicant in writing, providing the reason(s) for same, and the applicant of his/her right to appeal. If the permit is revoked, the special event may not proceed and, if revoked while ongoing, the special event must cease immediately.

(d) If an application for a permit is denied or revoked, the applicant may request in writing that the action be reviewed by the governing authority. Such a request must be submitted to the city clerk within five days of the action complained of and must state with specificity the grounds for the appeal.

(1) The hearing before the governing authority shall be scheduled for a date within 14 days of the filing of the appeal. The governing authority has the discretion, upon determining that exigent circumstances warrant, to schedule and hold an earlier meeting to consider an appeal.

(2) The appeal hearing shall be limited to the grounds stated in the appeal. The city manager and other persons directly affected by the decision at issue may speak and present evidence at the hearing and the parties may be represented by counsel at the appeal hearing.

(3) The governing authority shall issue its decision on the appeal within five days of concluding the hearing.

History: (Ord. No. 2022-5, § 1(Exh. A), 10-6-2022)