5.05.050 Application for permit.

(A) An application for a special event or temporary outdoor promotion required by this chapter shall be filed with the city manager on a form furnished by, or acceptable to, the city manager, and signed by the applicant under penalty of perjury. If the application is filed by an organization, the application shall be prepared, signed under penalty of perjury, and filed by an officer of such organization, who is not less than eighteen years of age. An indigent natural person may only apply on his or her own behalf and cannot apply on behalf of another person, corporation, association, partnership or other legal entity.

(B) A completed application for a special event permit shall be filed not less than thirty working days, nor more than six months, prior to the opening date of the proposed special event. However, it is recommended that a completed application be filed at least ninety calendar days prior to the proposed special event to accommodate unforeseen circumstances or delays.

(C) A completed application for a temporary outdoor promotion permit shall be filed not less than ten working days, nor more than six months, prior to the proposed temporary outdoor promotion. If the city manager denies the special event or temporary outdoor promotion permit, the event organizer or other affected person may appeal the denial to the city council under Section 5.05.100. Once any decision of the city council on appeal becomes final, the event organizer or other affected person may then file a petition for writ of mandate pursuant to California Code of Procedure Section 1094.6 or 1094.8 regarding the validity of the city's decision to grant or deny the application.

(D) An application will be deemed complete unless, within three working days, the applicant is given notice that the application is incomplete and told what information is missing. Notwithstanding the city manager's acceptance of a completed application, no special event or temporary outdoor promotion permit date shall be considered confirmed until a special event or temporary outdoor promotion permit is issued pursuant to Section 5.05.080.

(E) No application filed for a special event proposed to be scheduled fewer than thirty working days from the filing of an application will be accepted, except for an application for a spontaneous special event.

(1) An event organizer must give written notice to the city manager at least forty-eight hours in advance of any proposed spontaneous special event. Such written notice must contain all of the following information:

(a) The name, address and telephone number of the person or persons seeking to conduct the spontaneous special event, which person or persons shall be considered the applicant for purposes of this subsection.

(b) The name, address and telephone of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the spontaneous special event is proposed to be conducted.

(c) The name, address and telephone number of the person who will chair the spontaneous special event and who will be responsible for the conduct of the participants.

(d) The location and date of the spontaneous special event, including the assembly area, disbanding area, and the route to be traveled, if applicable.

(e) An estimate of the approximate number of persons who will be participating in the spontaneous special event and an estimate of the approximate number of persons who will be observing the spontaneous special event.

(f) The time at which the spontaneous special event will begin and conclude.

(g) The type of security or other arrangements that will be provided to assure that participants are properly directed.

(h) The application shall be accompanied by a declaration under penalty of perjury demonstrating that the failure to submit a timely application was not within the applicant's control because the precipitating news, circumstances or events did not exist, or could not have been known to the applicant in time to file a timely application under this chapter.

(2) The city manager may impose reasonable time, place and manner restrictions on the spontaneous special event.

(3) The city manager may deny permission to conduct a spontaneous special event if he or she makes a written finding requiring denial pursuant to Section 5.05.090 within twenty-four hours of receipt of the application. If the city manager makes a finding pursuant to Section 5.05.090, he or she shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone and in writing, to the applicant. In lieu of denial, the city manager may propose to the applicant an alternative time, route, venue or manner of conducting the activity which would be acceptable to the city and would obviate any finding made pursuant to Section 5.05.090. Once the city manager makes his or her final determination whether to deny or grant the permit, the applicant may file a petition for writ of mandate pursuant to California Code of Civil Procedure Section 1094.6 or 1094.8 challenging the validity of the city manager's decision.

(4) The applicant will be charged for the actual costs incurred for any increases in the cost of services attributable to the shortened review period. Such costs may include, but are not limited to, any staff overtime.