§ 9-2-53. DECISION ON APPLICATION.

(A)

The accountable official shall approve an application under Section 9-2-37 ( 24-Hour Live Music Permit ), Section 9-2-38 ( Multi-Day Special Event Permit ), or Section 9-2-39 ( Outdoor Music Venue Permit ) if:

(1)

the music office and the special events office have recommended a temporary event impact plan under Section 9-2-52 ( Temporary Event Impact Plan ), if applicable; and

(2)

the accountable official finds that the conditions included in the temporary event impact plan or other recommendation of the music office are sufficient to:

(a)

mitigate adverse impacts of the proposed venue on adjacent residential, commercial, and civic uses; and

(b)

protect the health and safety of residents living in areas adjacent to the proposed event or venue.

(B)

If the accountable official finds that an application does not meet the requirements in Subsection (A) of this section, the accountable official shall:

(1)

request that the music office reconsider its recommendation to include additional restrictions;

(2)

approve the application subject to additional conditions and restrictions that the accountable official determines are sufficient to meet the requirements in Subsection (B) of this section; or

(3)

deny the application.

(C)

The accountable official may not deny an initial permit for an outdoor music venue located within the footprint of a restaurant (general) use under Section 25-2-808 ( Restaurants and Cocktail Lounges ), but the accountable official may:

(1)

impose conditions on the permit, as provided in Subsection (B)(2) of this section; and

(2)

deny an application to renew the permit under Section 9-2-62 ( Denial of Permit for Repeated Offenses ) based on repeated violation of applicable decibel limits.

(D)

A decision under this section must:

(1)

be in writing;

(2)

describe conditions of approval, including requirements of the temporary event impact plan; or

(3)

be mailed to the applicant and any interested party within three days after the decision is issued, per the requirements of Section 9-2-54 ( Notice of Application ).

(E)

The accountable official may not issue a decision under this section earlier than the 14th day after the date that notice of the application is provided under Section 9-2-54 ( Notice of Application ).

Source: Ord. 20110210-029; Ord. 20121018-024.