(a) Denial of Permit. The City Manager or designee may deny an application for a special event permit if the City Manager or designee determines any of the following:
(1) One or more of the application criteria in TMC 12.70.050 is not met;
(2) The applicant has knowingly made a false, misleading or fraudulent statement of fact in the application or during the review process;
(3) The application was not submitted timely, lacks the required information or documentation or does not include the required fees;
(4) The applicant, in the last two years prior to the date of application, has organized a special event that did not conform to the requirements of this chapter or failed to comply with any conditions imposed on the permit;
(5) The City does not have the necessary resources to accommodate the event because of its size, location or duration; or
(6) The event will significantly inconvenience the residents or businesses in the affected area due to street closures, traffic congestion or noise.
(b) Appeal. Except for a denial based upon subsection (a)(3) of this section, an applicant may appeal the denial of an application for a special event if a written notice of appeal is submitted to the City Clerk within five business days of the date of the denial. The notice of appeal shall specify the following:
(1) The name and contact information of the appellant;
(2) The date of application;
(3) The date of the denial of the application; and
(4) The factual basis for the appeal.
Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule the matter for the Governing Body’s consideration at the next available meeting. The Governing Body may affirm, reject or modify the decision of the City Manager or designee after taking into consideration the public health, safety and welfare of the community.