4-13-26: SUSPENSION OR REVOCATION OF PERMIT:
A. A permit issued pursuant to this chapter may be suspended or revoked by the town manager after hearing for the following reasons:
1. Fraud, misrepresentation or a false statement of material fact contained in the permit application;
2. A violation of any Town, state, or federal law or regulation;
3. A violation of any of the terms and conditions of the permit;
4. A violation of any of the provisions of this chapter;
5. Threatening weather conditions if the town manager determines that holding the special event under such conditions would either:
a. Pose a threat to the public health, safety or welfare, or
b. Pose a threat to any Town owned property to be used in connection with this special event;
6. The existence of fire or drought conditions if the town manager determines that holding the special event under such conditions would pose a threat to the public health, safety or welfare;
7. Any unforeseen, unanticipated, or uncontrollable circumstance if the town manager determines that holding the special event under such circumstance would pose a threat to the public health, safety or welfare; or
8. An irreconcilable scheduling conflict with an event protected by either the first amendment to the United States constitution or by the Colorado constitution.
B. In connection with the suspension of a permit, the town manager may impose reasonable conditions.
C. A hearing held pursuant to this section shall be processed in accordance with title 1, chapter 19 of this code.
D. In deciding whether a permit should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the town manager shall consider:
1. The nature and seriousness of the violation;
2. Corrective action, if any, taken by the permittee;
3. Prior violation(s), if any, by the permittee;
4. The likelihood of recurrence;
5. All circumstances surrounding the violation;
6. Whether the violation was willful;
7. The number of previous special events held by the permittee;
8. The number of previous violations by the permittee; and
9. Previous sanctions, if any, imposed against the permittee.
E. The town manager shall have the authority to summarily suspend a permit during a special event if it appears to the town manager that a permittee has violated one or more of the terms and conditions of a permit or any applicable law and, based upon the available information, the town manager, in consultation with the police chief, reasonably determines that such violation results in an immediate threat to the public health, safety and welfare. No appeal is allowed from a summary suspension of a permit issued by the town manager pursuant to this subsection.
F. If the town manager suspends a permit, except for a summary suspension pursuant to subsection E of this section, or revokes a permit, the permittee may appeal the suspension or revocation to the town council in accordance with title 1, chapter 19 of this code. The burden of proof in such an appeal is on the permittee. If the town council finds by a preponderance of the evidence that the town manager acted correctly in suspending or revoking the permit, the town council shall uphold the town manager's order of suspension or revocation. If the town council finds by a preponderance of the evidence that the town manager acted improperly in suspending or revoking the permit, the appeal shall be sustained, and the town manager's order of suspension or revocation shall be set aside. Any decision made by the town council pursuant to this section shall be a final decision and may be appealed to the District Court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application.
G. No fee previously paid by a permittee in connection with the application shall be refunded if such permit is suspended or revoked. (Ord. 15, Series 2021; amd. Ord. 37, Series 2022. Formerly 4-13-25)