§ 13.24.030. Authority to grant permits, licenses, leases, concessions or contracts—Permittee responsibilities; appeals.

A.

The city council may grant permits, licenses, leases, concessions or contracts for any of the acts mentioned in Sections 13.24.010, 13.24.020 and 13.24.060 in city parks, upon such conditions as do not unlawfully surrender the city's right of supervision, regulation and control, are consistent with park purposes, and do not unreasonably interfere with the rights of the public to the enjoyment of the park.

B.

The director of the department may issue temporary permits for temporary use of city parks, facilities and identifiable areas within city parks upon such conditions as do not unlawfully surrender the city's right of supervision, regulation and control, are consistent with park purposes, and do not unreasonably interfere with the rights of the public to the enjoyment of the park, as follows:

1.

To conduct any of the acts or activities specified in Sections 13.24.010, 13.24.020, 13.24.050, or amplification under 13.28.010;

2.

To allow temporary concessions in city parks that do not have an existing concessionaire contract;

3.

For temporary use of identifiable portions of city parks.

C.

All temporary permits issued by the director shall be in conformity with such procedures as are established by the director and on file with the department. Such procedures shall provide that in granting or refusing such permission, the director shall be guided by the following standards: whether the park, facility, or other identifiable portion of a city park has already been reserved or applied for by someone else for approximately the same time, whether the proposed use and the hours requested are such that other users of the park or residents of the neighborhood would not be subjected to undue inconvenience, whether the use is exclusive or compatible with other uses of the park, whether the proposed use is consistent with park purposes and any other factor that may reasonably bear upon the matter.

D.

When issuing a permit under this chapter, the director may impose reasonable conditions concerning time, place and manner of the use to ensure compliance with this chapter and departmental policies.

E.

A person applying for a permit must be eighteen years of age, or twenty-one years of age if the applicant is also applying for an alcohol permit.

F.

A permittee shall comply with all permit requirements, conditions, and with all applicable laws and ordinances and the responsible party must carry the permit during the conduct of the event or use and must show the permit to any person upon request. The permittee is responsible for the conduct and behavior of their guests and participants. The permit is not transferrable. If the permittee fails to fulfill any of the conditions stated in the permit, the director may terminate the permit immediately and such termination may result in ineligibility for future permits, removal, fine, arrest, and/or forfeiture of fees. The permittee shall be responsible for cleaning and removing all litter and debris left on the city park, facility or identifiable area immediately upon the conclusion of the event. If the permittee fails to clean and remove all such litter and debris upon conclusion of the event, the city may perform such cleaning and the permittee will be responsible for the costs of the city cleaning. Payment of any city cleaning costs will be due and payable within ten days of receipt of the bill from the city comptroller.

G.

The fee for the permits and uses authorized by this section shall be in the established amounts.

H.

If other requirements of the city code are applicable to a permit issued under this section, it shall also be a condition of the permit granted by the director that the permittee obtain the appropriate permits, licenses, privileges or contracts including but not limited to health regulations and business licenses.

I.

Appeals.

1.

An applicant may appeal the denial of an application for a permit under this section in writing within ten days after notice of the denial has been received by submitting a written request to the appeals official. Within five business days, or such longer time period agreed to by the applicant, the appeals official shall hold a hearing on whether to issue the permit or uphold the denial. The applicant shall have the right to present evidence at said hearing and to question the appropriate city officials. The decision to issue the permit or uphold the denial shall be based solely on the approval criteria set forth in this chapter. The appeals official shall render a decision on the appeal within five business days after the date of the hearing.

2.

The decision of the appeals official is subject to review by the city council. The applicant may appeal the decision of the appeals official to the city council by submitting a written appeal request to the appeals official, who shall forward the request for placement on the agenda of the next available regular city council meeting in compliance with all ordinances, policies and statutes relating to the placement of items on the council agenda and the posting of the agenda. The decision to issue or uphold the denial shall be based solely on the approval criteria set forth in this chapter.

(Ord. No. 17845, § 1, 7-31-2012)