(a) 
Promoters.
No person may act as a promoter of a mass gathering unless he obtains a permit from the issuing officer under the provisions of this division. If the owner of the property on which the mass gathering is to be held is not the promoter as defined in section 42-111, the owner of the property shall not be required to obtain a permit under the provisions of this division.
(b) 
Permit requirement.
No person may direct, control, or participate in the production of a mass gathering unless a valid permit for the event has been issued as provided in this division.
(c) 
Violation of permit.
No person may direct, control, or participate in the production of a mass gathering in violation of the terms and conditions of a permit issued in accordance with this division.
(Code 1975, § 15-94)
(a) 
Generally.
Not less than 60 days before a mass gathering is to be held, the promoter of the mass gathering shall file an application for a permit with the issuing officer or as otherwise designated by the city manager.
(b) 
Contents of application.
The permit application under this division shall include:
(1) 
The name and address of the promoter, his partners and co-producers assisting in the promotion of the mass gathering or event;
(2) 
A financial statement of the promoter, his partners and co-producers, and a statement specifying from whom capital for the mass gathering or event is being supplied and in what amounts;
(3) 
A description of the place where the mass gathering or event is to be held, indicating the size and location of any and all performance stages, booths, tents, and other temporary structures or shelters;
(4) 
The name and address of the owner of the place where the mass gathering or event is to be held, and a statement describing the terms and conditions of the agreement whereby the promoter is authorized to use the land;
(5) 
The date and time that the mass gathering or event is to be held;
(6) 
The maximum number of persons that the promoter will allow to attend the mass gathering or event and a statement showing how the promoter plans to control the number of persons in attendance at the mass gathering or event;
(7) 
A detailed description of the promoter's agreements with any and all performers who are scheduled to appear at the mass gathering or event and the legal names and addresses of the performers who have agreed to appear and their agents;
(8) 
A full and complete statement describing the promoter's preparations for the mass gathering or event to comply with the minimum standards of sanitation and health as prescribed for mass gatherings by the state board of health pursuant to V.T.C.A., Health and Safety Code § 751.010;
(9) 
A description of all preparations being made to provide traffic control and to assure that the mass gathering will be conducted in an orderly fashion and that the physical safety of all persons in attendance will be protected;
(10) 
A description of the preparations made to provide adequate medical and nursing care;
(11) 
A description of the preparations made to supervise juveniles and other minor persons who may attend the mass gathering or event;
(12) 
The application for the permit must be certified by the promoter and be based on his best information and belief;
(13) 
A filing fee as established in Appendix A must be submitted with the application for a permit.
(Code 1975, § 15-95)
(a) 
Review of application.
After an application for permit under this division is filed, the city secretary shall send copies to the director of neighborhood services and the chief of police.
(b) 
Investigation and report.
The director of neighborhood services, or the director's designated representative or as otherwise designated by the city manager shall inquire into preparations for the mass gathering or outdoor festival and no later than 30 days prior to the scheduled date of the mass gathering shall submit a report to the city secretary stating whether or not he believes that the minimum standards of health and sanitation provided by state and local laws, rules, regulations, and orders will be maintained.
(c) 
Investigation of preparations.
The chief of police or the chief's designated representative, or as otherwise designated by the city manager, shall investigate preparations for the mass gathering and no later than 30 days prior to the scheduled date of the mass gathering, shall submit a report to the city secretary stating whether or not he believes that the promoter is in compliance with all state and local laws, rules, regulations, and orders, and whether or not adequate provisions have been made by the promoter to ensure that public safety and order will be maintained.
(d) 
Additional investigations.
The issuing officer may conduct any additional investigation, which he considers necessary.
(e) 
Conditions.
The issuing officer may impose reasonable conditions or restrictions on the granting of a permit, including but not limited to any of the following:
(1) 
Restrictions on fires, fireworks, amplified sound, use of alcoholic beverages, dancing, sports, use of animals, equipment, or vehicles, the number of persons to be present, the location of any bandstand or stage, or any other use which appears likely to create an unreasonable risk of harm to the public;
(2) 
A requirement that the applicant pay a reasonable deposit of security based on size of gathering and projected impact on municipal services such as security, and for the repair of any damage to city property, or the cost of cleanup, or both;
(3) 
A requirement that the applicant pay a reasonable fee to defray the cost of furnishing adequate police personnel for security and traffic control, and fire department personnel for fire-watch assignments at the proposed activity;
(4) 
A requirement that the applicant furnish additional sanitary and refuse facilities that might reasonably be necessary based on the use or activity for which the permit is being sought.
(f) 
Recording of findings.
The issuing officer shall enter the findings on record and shall grant or deny the permit no later than 15 days prior to the scheduled date of the mass gathering.
(Code 1975, § 15-96)
(a) 
Generally.
After a permit is issued, if the issuing officer or as otherwise designated by the city manager finds that preparations for the event will not be completed by the time the mass gathering is to begin or that the permit has been obtained by fraud or misrepresentation, he may revoke the permit.
(b) 
Notice of revocation.
The issuing officer or as otherwise designated by the city manager must give notice to the promoter 48 hours in advance of the revocation, and arrange a hearing on the revocation if requested to do so by the promoter.
(Code 1975, § 15-97)
(a) 
Right to appeal.
Any promoter or person affected by the action of the issuing officer or as otherwise designated by the city manager in granting, denying or revoking a permit under this division may appeal to the city manager, who shall hold a hearing at such person's request.
(b) 
Written request; scheduling hearing.
Such person requesting a hearing shall submit to the city manager a written request for a hearing to show cause as to why the permit should be granted or should not be revoked. Such request shall not stay the denial or revocation. A hearing shall be scheduled within five working days of such request.
(c) 
Notice.
Notice of the time and place of the hearing shall be given to the promoter and to any other persons who have expressed an interest in the granting or denial of the permit.
(d) 
Testimony of city officials.
The director of neighborhood services and the chief of police or their designees, or as otherwise designated by the city manager, and the city secretary shall be available to give testimony relating to their reports at the hearing.
(e) 
Appearance and testimony of other persons.
At the hearing, any person may appear and testify for or against the granting of the permit.
(f) 
Authority of city manager to affirm or overrule.
After the hearing, the city manager shall have the authority to affirm or overrule the action of the issuing officer and shall grant or deny the permit.
(Code 1975, § 15-98)
(a) 
Reasons for denial.
The issuing officer or the city manager may deny the permit if it is found that any one or more of the following apply:
(1) 
The application contains false or misleading information or required information is omitted;
(2) 
The financial backing or stability of the promoter is insufficient to assure that the mass gathering or event will be conducted in the manner stated in the application;
(3) 
The location selected for the mass gathering or event is inadequate for the purpose for which it is to be used;
(4) 
The promoter has not made adequate preparations to limit the number of persons attending the mass gathering or event, or to provide adequate supervision for juveniles and other minor persons attending the mass gathering or event;
(5) 
The promoter does not have adequate contractual agreements with performers, or does not have, or loses assurance that performers who are scheduled to appear will in fact appear;
(6) 
The preparations for the mass gathering or event do not assure:
a. 
That minimum standards of sanitation, health, and fire safety will be maintained;
b. 
That the event will be conducted in an orderly fashion;
c. 
That the physical safety of all persons in attendance will be protected;
d. 
That adequate supervision of juveniles and other minor persons attending the event will be provided;
e. 
Adequate arrangements for traffic control will be provided;
f. 
Adequate medical and nursing care will be available;
(7) 
The time and place for the mass gathering or event creates a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the mass gathering or event;
(b) 
Denial; delivery of notice.
Every denial or revocation of a permit under this article shall be in writing, dated, and shall state the reason for such action. Said notice shall immediately be sent to the applicant/permittee by certified mail, or shall be personally delivered to such person by courier.
(c) 
Contents of notice of denial.
If the city manager denies the permit, the city shall notify the promoter in writing:
(1) 
The reasons for denial;
(2) 
The promoter may file an action in the district court of the county for review of the evidence presented to the issuing officer at the hearing, the findings of the issuing officer, and his decision. Said judicial review shall be perfected by the filing of a petition with the court within ten days of the decision.
(Code 1975, § 15-99)
(a) 
Generally.
A permit, if issued, shall authorize the promoter to hold a mass gathering event at a specified place at a specified time. Additional or subsequent events by the applicant will require additional permits.
(b) 
Posting of permit.
Permits required by this division shall be publicly posted in the area where the activity is conducted or produced and shall be exhibited upon demand to any law enforcement officer or city ordinance enforcement official. The posted permit shall have emergency contact information listed including name and telephone number, including area code.
(Code 1975, § 15-100)
As a condition to the issuance of a permit under this division, the city may require the promoter to make a deposit based on size of gathering and projected impact on municipal services such as security, and for the repair of any damage to city property, or the cost of cleanup, or both. This deposit shall be collected to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event.
(Code 1975, § 15-101)
This article does not alleviate the responsibility of anyone associated with the mass gathering from having to seek other permits as required by state law or city ordinance. It shall be the responsibility of the applicant to assure that all additional permits, if required, are obtained prior to any mass gathering event.
(Code 1975, § 15-103)