Criterial for denial of special event permits

The city manager, or designee, may deny a permit to an applicant when:

(1)

The special event intended by the applicant would conflict with previously planned programs organized and conducted by the city and previously scheduled for the same time and place;

(2)

The proposed special event is prohibited by, or inconsistent with, the classifications and uses of the park, or part thereof, designated pursuant this chapter;

(3)

The special event would present an unreasonable danger to the health or safety of the applicant, or users of a park, or city employees, or the public;

(4)

The special event is prohibited by law, or by this code, or is not in compliance with the Americans with Disabilities Act (ADA);

(5)

The application for permit contains a material falsehood or misrepresentation;

(6)

The applicant is legally incompetent to contract, or to sue and be sued;

(7)

The applicant, or the person on whose behalf the application for permit was made, has on a prior occasion made material misrepresentations regarding the nature of scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant;

(8)

The application for permit is not fully completed and executed, or does not include all required permits, plans, and other required documentation within the required time period;

(9)

The applicant or the person on whose behalf the applicant for permit was made, has on prior occasions damaged city property and has not paid in full for such damage;

(10)

A state of federal, state or local emergency has been declared by lawful authority for the proposed time;

(11)

An applicant has failed to complete payment of any sums required for a previously permitted special event until such time as payment is received, or may condition the granting of a new permit on the payment of amounts in arrears in connection with previous special events;

(12)

An applicant has failed to substantially perform a cleanup plan which was made a condition of a previous permit, or who has defaulted on a previous sanitation bond or fee or supplemental user fee deposit in connection with a permitted special event until such time as restitution is made;

(13)

The applicant has failed to pay any required fees or security deposits or submitted all of the required supporting documentation, or provided the required insurance;

(14)

A fully executed and complete prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular public right-of-way, park, or part thereof; and

(15)

The applicant or the venue has conducted a special event on a prior occasion without obtaining a special event permit.

No applicant for, or recipient of, a special event permit shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of a festival and its attendees from hostile members of the public or counter-demonstrators or for general law enforcement in the vicinity of the special event. However, the holder of a permit shall be required to provide for a plan for internal security for the special event and shall be required to provide and pay for off-duty police officers and private security guards for such internal security purposes as required by the chief of police, or designee. In determining the adequacy and appropriateness of any internal security plan, the chief of police, or designee, shall be guided solely by considerations of the number and qualifications of off-duty police and private security guards necessary to provide internal security within the boundaries of the special event, as indicated by experience with similar events

No permit shall be denied, nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any message which may be conveyed at a festival, or on account of the identity or associational relationships of the applicant, nor to any assumptions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the special event.

(Ord. No. 14357, § 2, 3-13-25)