§ 29.2-34. Cost waivers authorized for First Amendment expression; alternative venues for events.

(a)

The city manager upon the advice of the city attorney, is authorized to waive the application fee, surety, indemnification, insurance, or cost recovery for public safety, sanitation or transportation personnel and resources for large special events when the city manager determines that the event is exclusively or primarily for speech or other expressive activity that is not commercial in nature and which is protected by the First Amendment to the United States Constitution or Article II, Sections 5 and 6 of the Arizona Constitution.

(b)

An applicant, promoter or sponsor seeking a waiver for the exercise of non-commercial free speech as provided in this section shall file an affidavit stating that it is made under oath and under penalty of perjury and that the large special event's purpose is exclusively or primarily for such First Amendment speech or expression purposes, and that they have determined that the financial considerations listed in section (a) above would be so financially burdensome that it would constitute an unreasonable restriction on the right of First Amendment expression, or that it has been or would be impossible due to the indigence of the applicants, promoters or sponsors to obtain the required coverage or guarantee or to stage the large special event.

(c)

Upon a claim of indigence of an applicant, promoter or sponsor seeking a waiver for the exercise of non-commercial free speech, the applicants, promoters or sponsors shall complete as part of the affidavit, a listing on a monthly basis of information about income, assets, expenses and liabilities of the applicant or of any organization promoting or sponsoring the event on a form prescribed by the city manager. Such affidavit shall also include the name and address of at least two (2) State of Arizona licensed insurance agents, sureties, or other sources of insurance contacted to determine premium rates for coverage or guarantee. Notwithstanding any waiver authorized by this section, the applicant, promoter or sponsor of the large special event shall be required by agreement to defend, indemnify and hold harmless the city from any claim or liability occasioned by the large special event. Upon receipt of the affidavit, the city manager shall conduct an investigation as expeditiously as possible, but within no later than ten (10) calendar days, as to the income, assets, expenses, and liabilities listed to determine if any discrepancies exist. If any discrepancies are found, the applicants, promoters or sponsors shall be so notified at the conclusion of the investigation and shall be given an additional five (5) calendar days to explain or correct any incorrect information discovered. If the discrepancies are due to inaccurate or incomplete information provided to the city manager in the affidavit, the request for a waiver of fees, costs and/or bond requirements due to indigence shall be denied, in which event all fees and costs required by this article shall be paid and posted, or a permit shall not be issued.

(d)

Approvals of waivers shall be granted by the city manager, upon the advice of the city attorney, after completion of the financial investigation, unless a discrepancy has been discovered. A waiver may be denied if the city manager determines that: (1) inaccurate or incomplete information was provided; (2) there is no undue burden on First Amendment rights; or (3) there is no demonstrated indigence. The city manager shall provide the applicant with written reasons for any denial.

(e)

For purposes of this section, an applicant, promoter or sponsor of an event involving the exercise of non-commercial free speech shall be considered indigent if the monthly expenses and liabilities disclosed by the affidavit exceed the monthly income and the equity available in any owned assets. For purposes of this section, compliance with the fees, costs and bond requirements of this chapter shall be deemed unduly burdensome and unreasonably restrictive of First Amendment rights of expression if such compliance would impose a severe hardship financially which could foreseeably cause indigence to occur within ninety (90) calendar days after compliance.

(f)

In any case where an applicant, promoter, or sponsor fee, cost or bond waiver is granted for an event involving the exercise of non-commercial free speech, the costs and expenses waived shall be paid and absorbed by the city, and the large special event shall be allowed to proceed as requested if the other requirements of this chapter are timely met.

(g)

With respect to events that are exclusively or primarily for protected non-commercial First Amendment expressive activity, a particular venue need not be made available if there are scheduling conflicts or if the city's unreimbursed costs to make the venue available will make the use of budgeted funds impractical in light of other budgetary requirements. In such situation, the city will seek to make available an alternate venue at which the expressive activity can be conducted.

(Ord. No. 2591, § 3, 10-9-07)