§ 9-208. Application for permit  


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  • (a) An application for a permit required by this article shall be filed with the director on a form furnished by or acceptable to the director, and signed by the applicant under penalty of perjury. If the application is filed by an organization, the application shall be prepared, signed under penalty of perjury and filed by an officer of such organization, who is not less than eighteen (18) years of age. An indigent natural person may only apply on his/her own behalf and cannot apply on behalf of another person, corporation, association, partnership or other legal entity.

    (b) A completed application shall be filed not less than fifteen (15) working days, nor more than six (6) months before the date of the proposed special event. However, it is recommended that a completed application be filed at least thirty (30) calendar days prior to the proposed special event to accommodate unforeseen circumstances or delays. If an applicant for a special event desires to ensure the opportunity for an appeal to the city council in accordance with section 9-214, the application shall be filed with the director not less than sixty (60) calendar days, nor more than six (6) months before the date of the proposed special event. Applications filed less than sixty (60) calendar days prior to the proposed special event shall not be subject to appeal to the city council and the decision of the director shall be final. In the event that the decision of the director becomes final, the event organizer or other affected person may then file a petition for writ of mandate pursuant to California Code of Civil Procedure Section 1094.6 or 1094.8 regarding the validity of the director's decision to grant or deny the application.

    (c) No application filed for a special event proposed to be scheduled fewer than fifteen (15) working days from the filing of an application will be accepted unless such special event is precipitated by news, circumstances or events coming into public knowledge fewer than fifteen (15) working days before the proposed event. The application shall be accompanied by a declaration under penalty of perjury demonstrating that the failure to submit a timely application was not within the applicant's control because the precipitating news, circumstances or events did not exist or could not have been known to the applicant in time to file a timely application under this Article. An application with such declaration shall be deemed to be a request for expedited review. Under such expedited review, the director will issue the permit, with or without conditions, by the end of business of the third (3) working day after acceptance of a completed application unless the director makes a finding requiring denial pursuant to section 9-212. The applicant will be charged for the actual costs incurred for the expedited review and for any increases in the cost of services attributable to the shortened review period. Such costs may include, but are not limited to, any staff overtime. The decision of the director shall be final and not subject to appeal to the city council. The applicant may file a petition for writ of mandate pursuant to California Code of Civil Procedure Section 1094.6 or 1094.8 challenging the validity of the director's decision.

    (d) An application will be deemed complete, unless within three (3) working days, the applicant is given written notice that the application is not complete and told what information is missing, either in person or by a letter addressed to the applicant and deposited in the U.S. mail. Notwithstanding the director's acceptance of a completed application, no special event date shall be considered confirmed until a special event permit is issued pursuant to section 9-211