§ 883-5. Issuance or Denial of Permit.

(a)

The director of safety shall grant or deny a public assembly permit for an event being held in a permanent facility within 20 days of the date of application. The director of safety shall grant or deny a public assembly permit for an event involving street events or 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 is reasonably protecting the safety and welfare of the patrons to the event and the public and that the facility in which the event is to take place is operated pursuant to a license issued under Chapter 881, the director shall issue a permit to hold the event.

(c)

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

(1)

The information provided is incompatible; or

(2)

The information is complete but the applicant is not reasonably protecting the safety of patrons to the event or the public; or

(3)

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

(d)

When the director of safety determines that in order to reasonably protect the safety and welfare of patrons to an event and the public it will be necessary for the applicant to use city services or personnel, the director may condition a permit upon the use of such city services and personnel as the director deems adequate. Further, the applicant shall reimburse the city for the costs of such city services and personnel at the city's established rate, unless the city has otherwise agreed.

(e)

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

(1)

The number, age and anticipated conduct of patrons and others attracted to the event;

(2)

Whether the information submitted with the application for a permit, information submitted pursuant to Section 881-3, and other information known to the director establishes that:

a.

The applicant has made arrangements to ensure safe ingress and egress to the event;

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 applicant's provision of an environment which reasonably protects the safety of patrons to the event and the public.

(f)

If the director of safety makes a preliminary determination that a permit should not be issued or that the granting of a permit should be conditional, the applicant shall be notified in writing with the reasons 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 to the event and the public, the director shall issue the permit.

(g)

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

(Ordained by Ord. No. 438-1980, eff. Oct. 29, 1980; reordained by Ord. No. 456-1980, eff. Nov. 5, 1980; a. Ord. No. 223-1997, eff. Aug. 4, 1997)