§ 881-5. Issuance or Denial of License.  


Latest version.
  • (a)

    The director of safety shall act upon any application or request for renewal of a license for a facility for public assembly within 10 days of its receipt. The director of safety shall act upon any application or request for renewal of a license involving street events and other events requiring a special event permit within 30 days of the date of the event.

    (b)

    If the director of safety finds that the applicant for a license or renewal thereof is providing an environment both inside and outside the facility which reasonably protects the safety and welfare of the patrons to the facility and the public, the director shall approve the plan of operating procedure and issue such license.

    (c)

    The director of safety may deny a license, withhold final issuance, or grant conditional issuance if the director determines that:

    (1)

    The information provided is incomplete; or

    (2)

    The information is complete, but the applicant is not reasonably protecting the safety and welfare of the patrons to the facility and the public; or

    (3)

    Applicant has not complied with applicable federal, state and local laws and regulations pertaining to public safety.

    (d)

    In determining whether the applicant is reasonably protecting the safety and welfare of the patrons of the facility and the public, the director of safety shall consider:

    (1)

    The number, age and anticipated conduct of patrons and others attracted to each category of event.

    (2)

    Whether the plan of operating procedure, the information submitted with the application for a license and other information known to the director establishes that:

    a.

    The applicant has made arrangements to ensure safe ingress or egress.

    b.

    The applicant has made adequate provisions for crowd control and emergency medical services.

    c.

    The applicant has made adequate arrangements for communication between internal and external security personnel, including city personnel, if any, and arrangements for emergency communication with patrons.

    d.

    The applicant has adopted adequate procedures for admission to ensure the safety of patrons and the exclusion of others not entitled to entry.

    e.

    The applicant has made adequate plans for emergencies, including but not limited to methods for safe ingress and egress.

    (3)

    Prior experience of city personnel and others which relates to the applicant's provision of an environment which reasonably protects the safety of patrons to an event and the public.

    (e)

    If the director of safety makes a preliminary determination that issuance or renewal of a license is not warranted, the applicant shall be notified in writing with reason for such determination specified. The applicant shall be provided with an opportunity for a hearing. If after such hearing the director finds that information has been presented or conditions agreed to by the applicant which establish that the applicant is reasonably protecting the safety of patrons and the public, the director shall approve the plan of operating procedure and issue or renew such license.

    (f)

    If after hearing the director of safety denies the issuance or renewal of a license, the director shall specify in writing the findings of fact and conclusions of law upon which the denial is based.

(Ordained by Ord. No. 439-1980, eff. Oct. 29, 1980; reordained by Ord. No. 455-1980, eff. Nov. 5, 1980; a. Ord. No. 223-1997, eff. Aug. 4, 1997)