§ 9-208.4. Permit—Denial

(a) The director shall deny an application for a permit or revoke any permit if the director finds any of the following:

(1) The application contains materially false or intentionally misleading information;

(2) The event or activity is proposed to be located or is located in or upon a premises, building or structure which is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the Uniform Building or Fire Codes set forth in title 5 of this Code;

(3) The event or activity is proposed to be located or is located in or upon a premises, building or structure which lacks adequate on-site parking for participants attending the proposed event or activity, under the applicable standards set forth in title 13 of this Code;

(4) The event or activity is in conflict with other applicable provisions of any federal, state and/or local laws;

(5) The event or activity is scheduled to occur at a location and time in conflict with another event or activity scheduled for the same day or weekend where such conflict would adversely impact on the city's ability to provide adequate city services in support of other scheduled events or scheduled government functions;

(6) The event will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location;

(7) The event will require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service or municipal functions to any other portion of the city;

(8) The concentration of persons, animals or vehicles will unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

(9) The event or activity will have a substantial adverse impact on the health and safety of the general public, residents and businesses within a five hundred-foot radius of the event or violate the city's noise ordinance;

(10) The event or activity will take place in an area of the city scheduled or on any public right of way that is scheduled for maintenance, construction or repair prior to the application for the event and the conduct of the event would interfere with such maintenance, construction or repair or the maintenance, construction or repair would represent a threat to the health or safety of the participants in the event;

(11) The ability of persons to enter and exit residential or business properties impacted by the event will be unreasonably impaired considering factors such as the duration, size and scope of the event;

(12) The proposed use, event or activity will have a significant adverse environmental impact;

(13) The applicant has violated significant condition(s) of a previous permit issued for the same or similar event within the prior thirty-six (36) months. The city shall notify the applicant in writing of any such violations within sixty (60) days of the violation.

(b) When the grounds for denial of an application is based on any of the circumstances specified in subsections (1)—(13) above which can be corrected by altering the date, time, duration, route, or location of the special event, the director shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed special event as are necessary to achieve compliance with subsections (1)—(13) above.

(Ord. No. 04-7, § 2, 6-21-04 )