§ 9-195. Action by city manager upon application

(1) Upon the filing of a completed application, the city manager or his/her designee shall conduct an appropriate investigation, including consultation with the police, fire, public services, development services, community services, legal department, risk manager and inspection of the premises as needed, and the permit shall be issued by the city manager with or without conditions, unless the city manager finds that:

(a) The event or activity at a proposed location is a use not permitted under the applicable zoning ordinance except where such use is part of an existing legal nonconforming use and except such uses having a conditional use permit issued in contemplation of the event or activity for which the permit is sought;

(b) 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;

(c) 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 employees and the public attending the proposed event or activity, under the applicable standards set forth in title 13 of this Code, except where such use is part of an existing legal nonconforming uses with respect to parking;

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

(e) 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;

(f) The applicant has made a material misrepresentation in the application;

(g) The event or activity will have a substantial adverse impact on the health and safety of any area in the city or violate the city's noise ordinance;

(h) The event or activity will have a substantial adverse impact on traffic within any area of the city;

(i) The event or activity will be incompatible with other uses in the vicinity; or

(j) If the application is for renewal of a permit, where the applicant has violated conditions of the previous permit, or ordinance or regulations of the city, or any county, state or federal statutes or ordinance in the conduct of business or activity.

(Ord. No. 95-13, § 2, 9-18-95)