§ 82-44.416. Land use permit required.

(a)

A land use permit is required for an event if any of the following occur:

(1)

Three events that required a temporary event permit, or three events at a venue in a residential zoning district that were exempt from obtaining a permit under subsection (h) of Section 82-44.408, were previously held at a venue within the preceding twelve months.

(2)

Four or more events will be held at a venue in a twelve-month period.

(3)

Three or more events will be held at a venue within a forty-five-day period.

(4)

An event will last more than one day at a venue in a residential zoning district or at a residence in any other zoning district, or will last more than three consecutive days at any other location.

(5)

More than three hundred people will be present at an event at a venue in a residential zoning district or an event at a residence in any other zoning district.

(6)

A temporary event permit previously issued to the applicant or for the venue was revoked within the preceding twenty-four months.

(b)

It is a violation of this section if the number of people present at an event exceeded a size threshold specified in subsection (a) above, and a land use permit was not obtained before the event. For purposes of this section, "the number of people present at an event" means the total of all attendees, invitees, caterers, event monitors, security, and all other persons who are at the event venue.

(c)

If a land use permit or building permit is required for a structure associated with a temporary event, then no event may be held at the venue without a land use permit.

(d)

An application for a land use permit will be decided in accordance with Article 26-2.20 of this code.

(e)

No conditions that restrict expressive activity or the content of speech may be imposed on any land use permit issued for an event.

(Ord. No. 2010-11, § VI, 7-13-10; Ord. 2005-25 § 2).