§ 6.7. PERMITS-BASIS FOR DENIAL.

The Executive Director shall approve a permit application unless:

(A) A written application for a permit to use the same location at the same time has been received and such application has been or will be approved authorizing an activity which does not reasonably permit multiple occupancy of the area;

(B) The proposed activity would conflict with a previously planned program sponsored by the Commission and scheduled for the same location as that requested by the applicant;

(C) The Executive Director has reasonable cause to conclude, based upon the inherent nature of the activity, that the applicant or any person or persons participating in the proposed activity will, in connection with that activity, cause physical injury to persons or substantial damage to property; provided, however, that in determining whether such reasonable cause exists the Executive Director shall not consider the content of expression which is proposed or anticipated;

(D) The proposed activity is inconsistent with the purpose for which the facility or area has been established or designated;

(E) The location selected is inappropriate because (1) the nature of the proposed activity or the number of persons expected in connection with the activity would be likely to damage trees, plants or other vegetation; (2) the activity would unduly disturb adjacent neighborhoods because of the nature of the proposed activity or the number of persons expected to be involved; or (3) other activities have been scheduled in an area or areas near the location proposed by the applicant, or they normally occur in such area or areas, and permitting the proposed activity to occur in the proposed location would unreasonably interfere with park use and enjoyment by participants in such activities;

(F) The applicant fails to obtain necessary approvals, permits, or licenses from other governmental departments or agencies;

(G) The applicant has not complied with the procedural requirements established by Commission resolution for the filing of permit applications;

(H) The applicant fails or refuses to pay a processing fee or a user fee, or both, which the Commission has established by resolution;

(I) The applicant fails or refuses to post a performance bond when required to do so by the Commission;

(J) The applicant fails or refuses to provide insurance when required to do so by the Commission;

(K) The applicant fails or refuses to execute an agreement to reimburse the Commission for any cost incurred by it in restoring damage to the property occasioned by, or arising out of, the permitted activity, and to defend the City against and indemnify and hold the City harmless from, any liability to any person occasioned by, or arising out of, the permitted activity, when such an agreement is required by the Commission;

(L) The application contains misrepresentations of material fact;

(M) The proposed activity is prohibited by law;

(N) The applicant refuses to comply with conditions reasonably imposed on approval of the permit application by the Executive Director or the Commission in order to insure that public or private property is not damaged and that the comfort, convenience, safety and welfare of the public are not disturbed;

(O) The proposed activity is required to be put out for bid under the Port's policies regarding competitive bidding. Whenever a permit application is denied, the Executive Director shall inform the applicant of the reason for the denial and when a change in location would allow approval, shall offer alternative suitable locations.

(Added by Ord. 92-00, File No. 000634, App. 5/19/2000)