12.72.180 Action on application-Grounds for denial or revocation.
A. Complete applications for building use and park use permits submitted fifteen (15) days before the proposed activity date shall be acted upon by the director within a reasonable time under the circumstances, but not less than five days before the date for which the permit is sought. Complete applications received less than fifteen (15) days before the proposed activity shall be acted upon as soon as reasonably practicable, but the building use or park use permit shall be deemed denied if not issued at least three days prior to the proposed activity date. All permits shall be shown upon demand of any city official.
B. The director may deny or revoke the permit, by written notice to the applicant if the director finds that one or more of the following conditions exist:
1. The building, park or portion thereof applied for is not available because of prior reservation or a city sponsored or co-sponsored activity; a permit has already been issued for that same location, date, and time; or the number of persons expected to attend would exceed the capacity of the building, park or portion thereof;
2. The proposed activity would detract from use of the building or park for its intended and ordinary purposes;
3. Due to the scope, date, time, or duration of the proposed activity, it would seriously inconvenience persons who regularly use the building or park, or adversely impact the surrounding neighborhood, and the applicant is unable or unwilling to modify the activity scope, location, date, time, or duration to minimize such inconvenience or impact;
4. The proposed activity is of a size, scope, or duration that requires the significant diversion of police officers such that police protection of other areas of the city may be adversely impacted;
5. The applicant failed to file a complete or timely application;
6. The proposed activity would violate federal, state, or local laws or regulations;
7. The applicant fails to agree in writing to clean, repair and restore the building or park or portion thereof to its condition immediately prior to the activity for which the permit is sought;
8. The applicant fails to agree in writing to provide monitors at the ratio of one for every fifty (50) persons expected to attend the activity. Such monitors shall be responsible adults and shall be in attendance for the duration of the activity for which the permit is issued;
9. The organizers of the activity, or agents or persons acting in concert with the organizers, have made it known that they have a specific intent, manifested by specific plans, to engage in or provoke violence;
10. In the case of park use permits, the applicant fails to agree in writing to provide chemical toilet facilities in the number specified by the director for the activity in parks that do not have toilet facilities or where the estimated attendance exceeds fifty (50) persons. This requirement shall apply only if the director specifically requires chemical toilet facilities as a condition of permit approval;
11. The applicant, after receiving a building use or park use permit, fails or refuses to inform the director of the significant changes to the activity from what was set out in the application, has submitted false or misleading information as part of the application, fails to comply with a permit condition, or fails to obtain or comply with any other required city, state or local permit; or
12. The applicant or sponsoring organization either was issued a citation within the prior three-year period for failure to: (a) obtain a building use or park use permit when a permit for the activity was required; (b) comply with the conditions of the building use or park use permit; or (c) obtain a special event permit under Chapter 12.48 for a special event in a park; or the prior activity caused damage to city property and the debt remains outstanding.
C. The director may impose permit conditions which require changes in the scope, time, duration, location, activities and any other matters as set out in the application as the director determines to be reasonably necessary to protect the public peace, health, safety or welfare. The director may require the applicant to furnish evidence of insurance and agree to indemnify the city as a condition of issuance of a building use or park use permit.
D. Any changes in the application filed after the permit has been issued and prior to the date of the activity may require modification of the permit conditions or denial of the proposed changes.
E. No application shall be submitted earlier than twelve (12) months prior to the date of the activity; however, the director may reserve a building or park for a specific date when an activity is held in such building or park on an annual or regular basis.
F. Where the director finds, from the application and his or her initial investigation thereof, that one or more of the conditions exist justifying denial or revocation, the director shall notify the applicant thereof in writing of the director's intent to deny or revoke the permit. The notice shall specify the grounds for the denial or revocation and the right to request a hearing before the director.
G. The applicant may request in writing that a hearing be held before the director on the notice to deny or revoke a permit. Such request shall be filed with the director within two business days of the date of the director's notice specified in subsection F of this section, and the hearing shall be held not more than two business days after receipt of the request. The director within two business days of the hearing shall render his or her decision to the applicant. Said decision shall be in writing and shall specify the grounds therefor. If no request is made by the applicant for a hearing before the director as provided herein, the notice of intent to deny or revoke the permit shall operate as a denial and shall be final.
H. Any decision of the director may be appealed by the applicant to the city manager pursuant to Section 12.72.190. (Ord. 2012-042 § 5)
