§ 13-148. Grant or denial of permit.

(a)

Time period for granting or denying permit.

(1)

The county manager or designee shall grant or deny a completed application for a special event permit under this article within thirty (30) days from the date of its filing. Upon the expiration of the thirtieth day without a grant or denial, the application shall be deemed denied.

(2)

Notwithstanding the granting of an special event permit under this article, nothing in this chapter exempts or excuses the permittee or applicant, whatever the case may be, from having to obtain any other required permits, licenses or certificates needed to lawfully operate a business, including a land use permit, building permit, business tax receipt or certificate of occupancy.

(b)

Granting of application for permit. If the county manager or designee has not made a finding that would require denial of the application, the county manager or designee shall grant the application and issue the permit to the applicant.

(c)

Denying an application for permit.

(1)

The county manager or designee shall review the findings and deny the application for any of the following reasons:

a.

The application contains material false information or is incomplete;

b.

The applicant has failed to comply with a provision of the state statutes, including F.S. ch. 607 (regarding corporations), F.S. ch. 620 (regarding partnerships) or F.S. § 865.09 (regarding fictitious names), as applicable;

c.

The granting of an application would violate a statute or ordinance, or an order from a court of law which effectively prohibits the applicant from obtaining a special event permit; or

d.

The granting of the application would adversely affect the public health, safety or welfare of the citizens of the county.

e.

The applicant has failed to timely file the application in accordance with section 13-147(d), and a waiver was not granted.

(2)

If the county manager or designee denies the application, the county manager or designee shall notify the applicant of the denial by certified mail, return receipt requested, and state the reasons for the denial.

(d)

Appeals. If the permit is denied, the applicant shall have the right to appeal the decision to the board of adjustment (BOA).

(e)

Reapplication. If a person re-applies for a permit at a particular location within a period of one (1) year from the date of denial of a previous application for a permit at that location, and there has not been an intervening change in the circumstances which will lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(f)

Rescheduling of event. If the event is cancelled due to causes outside the control of the applicant such as unfavorable weather, the applicant shall notify the county manager or designee no later than twenty-four (24) hours prior to the approved start date. Upon receipt of timely notice of cancellation of the event, the permit shall remain valid for thirty (30) days beyond the approved start date to allow for rescheduling of the event. The applicant shall provide the county manager or designee a minimum of five (5) days notice prior to the start of the rescheduled event. The permit shall expire if the event is not rescheduled within the time frame stated herein.

(Ord. No. 2013-4, § 2, 1-22-13; Ord. No. 2013-50, § 3, 9-24-13)