§ 58-58. Violations.

(a)

The city manager, or the city manager's designee, shall have authority to issue a notice of violation on the special event sponsor with respect to any special event which was not permitted as required by this article, or where one or more permit conditions have been violated. The notice of violation shall indicate the nature of the violation and specify the fee, if any, to bring the violation into compliance and a reasonable time for bringing the violation into compliance.

(b)

If the special event sponsor of a permitted special event fails to comply with a notice of violation previously issued, and the violation is confined to the limits of a merchant display area as shown on the approved site plan or sketch, the city manager, or the city manager's designee, may order the use of such merchant display area temporarily suspended until the violation is cured, or the city manager, or the city manager's designee, may proceed as set forth in subsection (c) of this section.

(c)

In the event that the special event sponsor fails to comply with a notice of violation or temporary suspension order previously issued, or in the event any violation of this article of such magnitude that there is an imminent threat to public health, safety or welfare regardless of whether notice has previously been issued, the city manager, or the city manager's designee, may revoke a special event permit without further notice. Examples of violations posing an imminent threat to public health, safety or welfare include, but are not limited to, failure to control parking or traffic, failure to comply with occupancy load restrictions, construction or use of temporary structures which are unsafe, and failure to comply with applicable food and beverage laws.

(d)

Any notice of violation, temporary suspension order and revocation of permit authorized in this section shall be deemed delivered when delivered to the permittee, or to any person listed in the application for permit as managing or supervising the special event, or if such person does not appear to be on site, to any other person who appears to be in control of the special event or who appears to be acting on the special event sponsor's behalf. Delivery may be by hand or mailed; but if mailed, delivery shall not be complete until the notice or permit revocation has also been posted in conspicuous locations on the sponsoring property. It shall be unlawful for any person to remove a posted notice or permit revocation from the site.

(e)

Once a permit has been revoked, the special event sponsor must close down the special event. Once a temporary suspension order has been issued, the special event sponsor must close down that portion of the special event subject to the order. The special event sponsor shall be required to show that noncompliance has been cured and pay a fee as established by resolution of the city council before the special event may be resumed.

(f)

The authority conferred by this section shall apply in addition to any other remedies at law or ordinance for violations of this article.

(Ord. No. 1998-61, § 8, 9-15-98; Ord. No. 2001-103, § 5, 1-15-02; Ord. No. 2005-52, § 1, 12-13-05; Ord. No. 2013-16, § 7, 8-20-2013)