Article 8: Permit Procedure

Section I: Permit Application
Section II: Permit Fee
Section III: Extension and Waiver of Permit Fee
Section IV: Time of Applications
Section V: Review of Application
Section VI: Conditions
Section VII: Denial of Permit
Section VIII: Issuance of Permit
Section IX: Display of Permit
Section X: Non-Transferable
Section XI: Scope of Permit
Section XII: Revocation of Permit
Section XIII: Appeals to Board of County Commissioners

SECTION I. PERMIT APPLICATION. Any person desiring to secure a permit, as provided in Article 3, shall make application to the Office of the County Administrator for issuance of a permit. Each application shall be made upon a form provided by the County Administrator and shall contain the following information:

• The type and category of the event or activity;
• The date(s) and scheduled time(s) for the event or activity;
• The name and mailing address of the person(s) sponsoring and conducting the event or activity and the name(s) and address(es) of the person(s) who will be primarily responsible for the management and operation;
• The exact location where the event or activity will take place, including the identity of the owner of the property and a signed statement of the property owner consenting to such use of the property;
• A site plan, diagram, or drawing of the location which depicts the property, any structures on or to be placed on the property, any facilities located or to be located on the property for use with event or activity
• A narrative description of the events and activities, which shall include any schedule of varying events, a listing of persons who will participate other than as attendees, and the anticipated or expected attendance; and
• A statement indicating the provisions which will be made for:
  • Sanitation facilities;
  • Parking;
  • Traffic control;
  • Security;
  • Fire Safety;
  • Medical emergency and first aid;
  • Noise control; and
  • Clean-up and restoration

SECTION II. PERMIT FEE. Each application for a permit shall be accompanied by a permit fee in the amount designated in this section, unless otherwise waived, which shall be refunded to the applicant in the event that the permit is not granted. The amount of the permit fee shall be determined by the following schedule:

• For Fireworks Displays – no fee;
• For Amusement enterprises - $100 per day;
• For Parades and Demonstrations - $25
• For Commercial Parties & Celebrations - $200
• For Itinerant Sales & Auctions - $25

SECTION III. EXEMPTION AND WAIVER OF PERMIT FEE. The following persons shall be exempt from the payment of the required permit fee:

• Governmental entities, agencies, and organizations;
• Organizations and corporations which are tax exempt under section 501 (c) (3) of the Federal Internal Revenue Code; and
• Public schools.

Permit fees may be waived by the County Administrator upon application by the applicant for good cause shown for the following persons and situations:

• Recognized religious organizations where the event or activity is sponsored by an organization church is intended for religious or charitable purposes;
• Charitable organizations where the event or activity is intended exclusively for the benefit of a charity; and
• Individuals where the event or activity is intended exclusively for family purposes and does not involve fund raising or sales activities.

SECTION IV. TIME OF APPLICATIONS. All applications for the issuance of a permit under these regulations must be filed with the Office of the County Administrator at least seven (7) days in advance of the commencement of the event or activity. The County Administrator may, for good cause shown, receive and act upon an application, which is not timely filed but is not required to do so.

SECTION V. REVIEW  OF APPLICATION. Upon the receipt of an application for a permit filed under these Regulations, the County Administrator shall cause an investigation to be made concerning the application under the standards provided in the regulations for the specific type and category of event or activity for which the permit is requested, and the County Sheriff shall review each application and shall provide to the County Administrator his recommendation concerning the application. The County Administrator shall not issue any permit under these Regulations which does not satisfy the minimum standards and conditions provided in the regulations for that event and for which the County Sheriff has not recommended approval.

SECTION VI. CONDITIONS. All permits issued by the County Administrator under this Article shall contain the specific conditions stated in the regulations applicable to the type and category of event or activity for which the permit is requested. In addition, the County Administrator may require additional conditions as requested by the County Sheriff, and the County Administrator may, in his discretion, require for any permit, that the operator post a security bond or provide insurance coverage in the amount and form recommended by the County Safety Officer or Risk Manager.

SECTION VII. DENIAL OF PERMIT. Whenever the County Administrator determines that a permit shall not be granted on any application, he shall notify the applicant, in writing, of the denial within four (4) days after receipt of the Application. The denial shall state the reasons for the denial and shall inform the applicant of its right to appeal the denial to the Board of County Commissioners.

SECTION VIII. ISSUANCE OF PERMIT. Whenever the County Administrator determines that a permit shall issue a copy of the permit, upon a form approved by the Board, in the name of the applicant. The permit shall be filed with the Office of the County Clerk and with the Office of the Board of County Commissioners. All permit fees shall be deposited to the County general fund.

SECTION IX. DISPLAY OF PERMIT. Upon commencement of the event or activity for which a permit has been issued under these Regulations, the operator shall have and prominently display the permit at the location of the event or activity for the duration of time that the event or activity continues.

SECTION X. NON-TRANSFERABLE. No permit issued under these Regulations shall be assigned or transferred to any other person and only that person designated on the permit may operate or conduct the event or activity permitted. Any transfer or attempt to transfer shall void the permit.

SECTION XI. SCOPE OF PERMIT. Any permit issued under these Regulations shall be issued only for one event or activity per application and shall be valid only for the time and date stated upon the permit. No permit shall be deemed or considered to be continuing in nature, and each separate event or activity shall require the issuance of a separate permit.

SECTION XII. REVOCATION OF PERMIT. Any permit issued under these Regulations may be revoked by order of the County Administrator or County Sheriff upon a specific finding that the operator falsified the application, failed to meet the conditions of these Regulations or of the permit.

SECTION XIII. APPEALS TO BOARD OF COUNTY COMMISSIONERS.

• DENIAL OF PERMIT. Any denial of the issuance of a permit by the County Administrator may be appealed by the applicant by submitting a notice of appeal, in writing, to the Office of the Board of County Commissioners. The Board shall then review the matter and hear the Appeal, and my uphold the denial of the County Administrator or may order issuance of the permit. In the event that the Board fails to act on the Appeal for a period of forty-eight (48) hours after the filing of the notice of Appeal, then the Appeal will be considered to have been granted, and the County Administrator shall immediately issue the permit.
• UPON REVOCATION. Any order of the County Sheriff or County Administrator which revokes a permit issued under these Regulations may be appealed to the Board of County Commissioners by filing a notice of Appeal with the office of the Board, and the Chairman of the Board or his designee shall immediately review the Appeal. The Chairman or his designee may affirm the revocation or may order reinstatement of the permit. 
  
  

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JOHNSON COUNTY MANAGER'S OFFICE
111 S. Cherry St., Suite 3300
Olathe, KS 66061-3468
(913) 715-0725