Sec. 191.108. - Issuance of permit; conditional approval; grounds for denial.

(a) Within ten business days of receiving the items and information required by Section 191.104 (a), the Chief or his or her designee shall conditionally approve the application and issue a Permit for the staging, promoting or conducting of a special event at the time and location named in the application. The Applicant must provide the items required by Sections 191.105 and 191.106 above within ten business days of being provided conditional approval by the Chief or the Chief's designee. If the Applicant fails to provide those items within ten days of conditional approval, the application shall be deemed incomplete and disapproved. If those items are provided within that time, the application shall be deemed approved as of the date the Applicant submits the last of the required items. (b) An application for a permit shall be denied if: (1) The applicant has made any false material representation in the application. (2) The applicant fails to provide any of the items or information required by this Chapter. (3) The special event will substantially interfere with any other special event for which a permit has already been granted, or with the provision of public safety or other City services in support of such other previously scheduled events, or will have an unmitigable adverse impact upon residential or business access and traffic circulation in the area in which it is to be conducted. (c) An application may be denied by the Chief in the public interest if the conduct of the special event will substantially interrupt the safe and orderly movement of aerial or marine navigation, or of public transportation or other vehicular and pedestrian traffic in the area of the special event; or will cause unresolvable conflict with construction or development in public rights-of-way or at the public facility where the special event is held; or will close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. or between 4:00 p.m. to 6:00 p.m. so as to cause unsafe conditions for the public; or the expected attendance at the event will exceed the lawful capacity of the facility under the City's Fire Code; or the parking available at the facility will be inadequate to accommodate the expected attendance at the event. (d) If a permit is denied, the Chief shall provide the applicant with written reasons for denial within five business days. The applicant, within five business days after denial, may appeal the denial to a committee composed of the Chief Operating Officer, the Director of the Public Works Department, the Sheriff, the Fire Chief, and the General Counsel, or their designees, for a final decision by majority vote based upon the documents and circumstances presented to be rendered within five business days of receiving the appeal. Except for the provisions of subsection (e) below, judicial review of any such final decision may be obtained by a writ of common law certiorari in the Circuit Court of the Fourth Judicial Circuit, within five days of rendition of the final decision. (e) In the event that an applicant alleges that a permit denial is a First Amendment prior restraint, and any appeal under subsection (d) above has been denied, the City will immediately institute judicial proceedings and must prove that any expression is without constitutional protection or that permit denial is not based on expressive content, or that denial is otherwise permissible under the First Amendment or the State Constitution. Permit denial, in the face of such judicial review, will continue only to preserve the status quo until such time as judicial review and determination is complete. The City will request expedited judicial determination to ensure a prompt final judicial resolution. (Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.