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(1) Conflict Priority Evaluation. When more than one (1) application for a special event or public assembly, each of which is compliant with this Chapter, is received for the same day and time and for the same or conflicting locations or routes, the Licensing Division shall issue a permit, subject to the other provisions of this Chapter, based on the following order of priorities:

(a) Events planned, organized or presented by State, Federal, or City governmental entities or their agents, if the governmental request is made in good faith and not with the intent or purpose of improperly chilling constitutionally protected rights of competing applicants;

(b) Historic usage by commercially related special events or advance planned free expression activities where the same applicant has been granted use of a particular location on City property at a particular date, time, and place for more than three (3) consecutive years;

(c) If neither Subsection (1)(a) nor (1)(b) of this Section is applicable, priority shall be given to a first-in-time filing; and

(d) Notwithstanding anything in this Subsection to the contrary, exceptions may occur when the Mayor or the Mayor’s designee finds that one (1) event provides greater benefit to the public than the competing event.

(2) Consideration for Unsuccessful Applicant. After granting the successful applicant’s request for the time, place, manner and date for a special event, the Licensing Division shall authorize the unsuccessful applicant to hold a special event at an alternative time, place, manner or date.

(Enacted 2015-24, Am 2020-46)