§ 5-17.16. Revocation of permit.

(a)

Revocation by Chief of Police: Previous grounds for denial. The Chief of Police shall revoke a permit authorizing an event where the Chief of Police determines from the facts that there were grounds for denying the permit in the manner hereinbefore provided for by this chapter which were first disclosed or otherwise made known to the Chief of Police after issuance of the permit and such facts were not discoverable upon the exercise of due diligence by the Chief of Police prior to the issuance of the permit.

(b)

Revocation by Chief of Police: Violation of terms and conditions. The Chief of Police may revoke a permit authorizing an event where the Chief of Police determines from the facts that the event is being conducted in violation of the terms and conditions of the permit, or where the event participants have violated any applicable law or regulation; provided, however, that this subsection shall not authorize the revocation of a permit because of the need to protect participants from the conduct of others; and, provided further, that the Chief of Police shall not revoke a permit in the manner provided by this subsection unless and until such Chief of Police advises the permittee or responsible event participants of such violation and provides a reasonable opportunity to correct same.

(c)

Notice of revocation. Where the Chief of Police determines to revoke a permit authorizing an event prior to the date of such event based upon the facts, the Chief of Police shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the City Manager, City Attorney and all remaining City officers charged with carrying out any responsibilities under this chapter. However, where the Chief of Police determines from the facts to revoke a permit authorizing an event on the day of such event and has learned of such facts within twenty-four (24) hours of the event, the Chief of Police shall announce such action to the event participants, to those City officers and employees engaged in monitoring or controlling traffic during the event, and to the person in charge of the event where such person can be located at the site of the event. Thereafter, the Chief of Police revoking such permit shall cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the City Manager and City Attorney.

(d)

Hearing on revocation. In all cases, except where the Chief of Police learns of the facts justifying a revocation of the permit within twenty-four (24) hours of the event, the applicant shall have a right to a hearing before the City Manager within twenty-four (24) hours of the revocation; provided that the event is scheduled at least forty-eight (48) hours before the request for hearing is made. The hearing shall be at the City Manager's office at 4:00 p.m. the day after the hearing is requested, unless otherwise agreed upon. The City Manager shall issue a decision orally at the conclusion of the hearing and shall also notify the applicant, the Chief of Police and the City Attorney, in writing of the City Manager's decision.

(e)

Content of notices of revocation. Any notification of action by the Chief of Police or City Manager in subsections (c) or (d) of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by telegram, facsimile or any written document signed or sent by the Chief of Police of City Manager, respectively.

(§ 2, Ord. 781, eff. August 24, 1992)