Applicants for a facility use and event permit shall file with the
City Clerk a complete written sworn application signed by the applicant
at least 60 days prior to the date when the intended event is to commence.
The application and all information submitted to the City Clerk shall
remain in the City Clerk's office and shall be available for
inspection by the public.
Any applicant that does not adhere to the rules and regulations set
forth below for facility use and events permits, or as set forth in
the policy governing facility use and event permits, shall be subject
to denial of a permit and/or revocation of a permit.
The permit shall be valid only when used at the permit operating
area designated on the permit. The permit operating area may be changed
by submitting a change request form and paying any applicable change
fees.
The use of the permit operating area must be compatible with the
public interest in use of the sidewalk or street areas and other public
rights-of-way. In making such determination, the Chief Building Official
shall consider the width of the sidewalk or street or right-of-way,
the proximity and location of existing street furniture, including,
but not limited to, signposts, lamp posts, parking meters, bus shelters,
benches, phone booths, street trees and newsstands, to determine whether
the proposed use would result in pedestrian or street congestion.
The permittee shall comply with the Chief Building Official's
determination and/or adjustments of the permit operating area.
The proposed activity shall not be in violation of any City ordinances
or state statutes relating to zoning, health, fire, building or safety
requirements.
Permittees conducting business shall not make loud or unreasonable
noises by vocalization or otherwise for the purpose of advertising
or attracting business.
The permit operating area shall be kept in a clean and sanitary
condition, and the permittee and/or permit operator shall remove any
structure, device, trash, or debris caused, created or associated
with the business or activities on a daily basis.
Permittees conducting business shall not operate or conduct
business or activities that create a traffic or visual obstruction
hazard or any other type of public hazard or danger.
Permittees shall not operate or conduct business or activities
if the permittee, permit operator, or any agent or employee of the
permittee or permit operator who is assigned to work or conduct business
or activities within the permit operating area has been convicted
of a felony, misdemeanor, or ordinance violation involving force,
violence, moral turpitude, deceit, fraud, or the violation of any
law regulating the act of solicitation, peddling, hawking, canvassing,
or merchandising within the past five years in this state or subdivision
thereof or of the United States.
Upon receipt of a completed application, the application shall be
reviewed by the City within 30 days after the filing of the application,
which shall review the application to ensure it complies with the
requirements of this chapter.
If, as a result of such review, the application is found to be satisfactory,
the City shall endorse on the application its approval. The City Clerk
shall notify the applicant that his/her application has been approved.
With approval of the application, the City of Papillion reserves the
right to require the applicant to provide certain items such as trash
receptacles, first aid facilities, barricades, etc. The costs associated
with these items are the responsibility of the applicant. Approval
does not eliminate or minimize the applicant's liability for
damages, injury or monetary loss arising from the event.
If, as a result of such review, the application is found to be unsatisfactory,
the City shall endorse on such application its denial and state the
reasons for the same. The City Clerk shall notify the applicant that
his/her application is denied and that no permit will be issued. Any
applicant who has been denied a permit under this chapter three times
within a calendar year shall not be allowed to apply again for a full
calendar year from the date the last denied application was received
by the City Clerk.
Any person aggrieved by the denial of an application for a permit
shall have the right to appeal to the District Court of the county
as provided by state law.
Before any permit is issued, the applicant shall file with the
City Clerk a certificate or proof of General Liability insurance.
The required insurance coverage shall be set forth in the Master Fee
Schedule.
Conducting the business permitted under this chapter in an unlawful
manner or in such a manner as to threaten the health, safety or general
welfare of the public; or
Upon the suspension or revocation of a permit, the City Clerk shall
provide written notice to the permittee, setting forth the specific
reason(s) for the suspension or revocation. Such notice shall be sent
by certified mail, return receipt, to the permittee's local address.
If a permit is revoked, the permittee shall not be allowed to apply
for a permit for five full calendar years from the date of the revocation
for any permits listed under this chapter.