§ 21-77. Decision regarding application; conditional approval; final approval; denial; grounds for denial.

(a)

Within three (3) business days after receipt of the department, division and/or office reports, the county administrator or the manager of the parks and recreation division, whichever the case may be, shall either approve, conditionally approve, or deny the permit application, and notify the applicant by hand delivering a copy of the decision to the street address listed on the application and/or by faxing, e-mailing or mailing a copy of the decision by next day delivery to the mailing address listed on the application. The county administrator or the manager of the parks and recreation division, whichever the case may be, shall base his or her decision solely on the reports timely received and the requirements of this article. If no decision is timely made regarding the application, it shall be deemed approved.

(b)

If the permit application is conditionally approved, the county administrator or the manager of the parks and recreation division, whichever the case may be, shall inform the applicant of any conditions precedent and notify the applicant that final approval of the application shall be subject to the applicant proving at least three (3) business days before the date of the public assembly that the applicant has complied with or satisfied all the conditions precedent. In addition, at least three (3) business days before the date of the public assembly, the applicant shall tender the indemnification agreement and certificates of insurance required under section 21-81. If the applicant fails to provide such proof or fails to tender the requisite indemnification agreement or certificates of insurance at least three (3) business days before the date of the public assembly, the application shall be deemed denied. However, if the applicant provides such proof and tenders the requisite indemnification agreement and certificates of insurance at least three (3) business days before the date of the public assembly, the application shall be given final approval as of the date proof was received and the requisite indemnification agreement and certificates of insurance were tendered. The county administrator or the manager of the parks and recreation division, whichever the case may be, shall promptly notify the fire rescue department, public works department, risk management division, building division, and the sheriff's office of final approval of the application.

(c)

(1)

If an application for a public assembly permit is denied, the county administrator or the manager of the parks and recreation division, whichever the case may be, shall provide the applicant with the reasons for the denial, and shall afford the applicant an opportunity to cure or resolve the problems or issues which caused the denial. If applicant cures and resolves the problems and issues at least three (3) business days before the date of the public assembly, the county administrator or the manager of the parks and recreation division, whichever the case may be, shall inform the applicant that the application is approved, subject to the applicant also complying in a timely manner with all conditions precedent, including tendering the required indemnification agreement and certificates of insurance. Furthermore, if an application is or will be denied by the county administrator or the manager of the parks and recreation division, whichever the case may be, because the public assembly would take place at the same time and place as a previously scheduled or approved event, the county administrator or the manager of the parks and recreation division, whichever the case may be, shall inform the applicant of alternative locations or routes where the public assembly could be held.

(2)

An application for a public assembly permit may be denied if any of the following problems have been found to exist:

a.

The applicant did not fully or properly complete and execute the application and any related forms for a permit (including any required attachments or submissions);

b.

The applicant did not tender the required non-refundable application fee with the application, or has not tendered the indemnification agreement, the insurance certificate, or the security deposit;

c.

The applicant did not file the application by the minimum time period prescribed by the ordinance;

d.

The application contained a material falsehood or misrepresentation;

e.

Under Florida law, the applicant is legally incompetent to enter into a contract or to sue and be sued;

f.

The applicant or the person on whose behalf the application was filed has on prior occasions damaged county property and has not paid in full for such damage, or has any other outstanding and unpaid debts to the county;

g.

Another fully executed application for a permit for the same time and place has been filed, and a permit has been or will be granted to the prior applicant authorizing a public assembly for the same time and place, or which would not reasonably permit multiple occupancy of the particular public park, public right-of-way, or part thereof;

h.

The requested public assembly would conflict with a program, event, meeting or activity organized and/or conducted by the county previously scheduled or planned for the same time and place;

i.

The public assembly would substantially interfere with or would have an unmitigatible adverse impact upon residential or commercial access and traffic circulation in the area in which it is to be conducted;

j.

The public assembly would substantially interrupt the safe and orderly movement of aerial or marine navigation, or of public transportation or other vehicular or pedestrian traffic in the area of the public assembly, or would cause an unmitigatible conflict with construction or development in the particular public right-of-way or public park;

k.

The public assembly proposed by the applicant would present an unreasonable danger to the health or safety of the applicant, participants, observers, spectators, or other users of the particular public right-of-way or public park, county employees, or the general public;

l.

The applicant has not complied or cannot comply with applicable licensing or other permitting requirements, including building permits, sign permits, and occupational licenses;

m.

The applicant has not complied or cannot comply with all of the conditions, restrictions or requirements found necessary by the reviewing departments, divisions, or office, including any conditions precedent; or

n.

The use or activity proposed by the applicant is prohibited by law, by court order, by this article or by any other ordinances of the county.

(Ord. No. 2004, § 2, 5-18-04)