Processing of application for special event permits; rejection of application; amendments

(a)

Order: Each application for a special event permit shall be processed in the order of receipt. The reservation of a particular park or right-of-way, or parts thereof, shall be allocated in order of receipt of a fully executed application, which contains all of the information required, accompanied by the application fee, security deposit and user fee, where applicable.

(b)

Rejection of application: The official shall reject an application for one (1) or more of any of the following grounds:

(1)

Failure to submit an application within the time periods prescribed in this chapter.

(2)

If the application for special event permit (including any required attachments and submissions) is executed improperly or is incomplete.

(3)

Failure to pay the required application fee at the time of submitting a complete and properly executed application.

(4)

If the application for special event permit contains a material misrepresentation or fraudulent information.

(5)

If the applicant is legally incompetent to contract or to sue and be sued.

(6)

If the applicant or entity on whose behalf the application for special event permit was made has in the course of a previous permitted special event damaged city property and upon being given proper notice failed to pay in full for such damage or claim.

(7)

If a fully executed prior application for special event permit for the same time and place has been received, and a special event permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy or use of the right-of-way, park or part hereof.

(8)

If the use or event intended by the applicant would conflict with previously planned programs organized and conducted by the city or non-city governmental agencies previously scheduled for the same time and place.

(9)

If the use or event intended by the applicant would present an unreasonable danger to the health or safety of the applicant or the public.

(10)

If the applicant has not complied or cannot comply with applicable local, state and federal licensure requirements for all or part of the planned event no less than five (5) days prior to the time for city council consideration.

(11)

If the use or event intended by the applicant is prohibited by law.

(12)

If the applicant fails to provide neighborhood notice requirements as provided in section 28-26(c) of this chapter.

In the event an application is rejected, the official shall provide notice of such rejection within ten (10) days of the official action by personal delivery or by deposit in the regular U.S. First Class mail, postage prepaid, to the name and address set forth on the application for special event permit.

(c)

Amendments to special event permit application; approval by the official; approval by city council action:

(1)

Approval by the official: Should an error by the permittee in the original application require the filing of an amended application, an applicant may amend the application anytime prior to approval by the official, provided that the applicant pay an additional fee in an amount specified by resolution of the city council to defray additional costs and expenses.

(2)

Approval by city council action: Should an error in the original application require the filing of an amended application, an applicant may amend the application anytime prior to city council action, provided that the applicant pay an additional fee in an amount specified by resolution of the city council to defray additional costs and expenses. The official shall update the posted notice and the notice to the Tampa Downtown Partnership and/or the Ybor City Development Corporation, as applicable. For any amendment filed less than thirty (30) days before the day that city council is scheduled to consider and act on the application for a special event, the city council shall have the authority, at its discretion, by a majority of its members present and voting, to waive or reduce the notice requirements.

(d)

Amendments to special event permit after approval by the official; amendments to special event permit after approval by city council action:

(1)

An amendment to petition that has been approved by the official may be filed anytime prior to the commencement of the event. There shall be a fee, as prescribed by city council resolution, for any amendment filed after approval by the official, to cover administrative costs to review and reschedule review of the amendment. Subject to a permittee having timely filed and paid the appropriate fee, the official shall promptly schedule review of an amendment.

(2)

An amendment to petition that has been approved by city council shall be filed within five (5) days after such city council action. City council shall have the authority, at its discretion, by a majority of its members present and voting, to waive the notice and five-day post-approval filing requirement. An amendment of an application after city council action shall be required any time there is a material change to the nature and conduct of the event. A material change shall mean a change to the event name, stated purpose, route, location, time or increase in city services to be provided. A material change shall require city council review and approval. There shall be a fee, as established by city council, for any amendment filed after city council action, to cover administrative costs to review and reschedule review of the amendment. Subject to a permittee having timely filed and paid the appropriate fee, city council shall promptly schedule review of an amendment at the next regularly scheduled meeting.

(e)

Priority of amendment: Any amendment or revision of an application or special event permit shall, for purposes of determining the priority of the application for special event permit, relate back to the original filing thereof, but the time in which official shall grant or deny the application for special event permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.

(Ord. No. 2009-126, § 1, 8-20-09)