Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department may deny a request for a permit or revoke a permit before or during
an event upon determination of the director or the director's designee that any
of the following conditions has occurred:
1.
A completed application for an event at the same time already has been received
from another applicant, and a permit has been or will be granted for the event.
In such a case, an alternate date or time, if available, will be
proposed.
2. Incomplete
information, false statements, or misrepresentation have been made on the
permit application.
3. Fraud was
committed or misrepresentation made in obtaining the permit.
4. The permittee or the alternate contact
persons are not present for the duration of the event, including during setup
and takedown times.
5. The conduct
of either the permittee or persons attending the event involves a violation of
the permit, this chapter, or Virginia or federal law.
6. The number of persons engaged in the event
exceeds the number of permitted attendees or cannot be safely
accommodated.
7. The permittee
twice (i) violated the terms of prior permits issued to the permittee or (ii)
violated applicable law while applying for or using a prior permit. In such
instances, the permittee is banned from obtaining a permit for 18 months from
the date of the most recent violation.
8. The Governor's Office will be using all or
part of the permit area during all or part of the requested time.
9. The Senate of Virginia or the Virginia
House of Delegates will be using all or part of the permit area during all or
part of the requested time for a government function.
10. The permit applicant has not certified
that the applicant will comply with this chapter or applicable law.
11. The permit application is not submitted
within the required timeframes of six or 45 days, depending on the number of
planned attendees, or the application submitted does not justify an exception
to the time requirements.
12. The
permit application was submitted more than 180 days in advance of the proposed
event.
13. The requested use would
cause a clear and present danger to the orderly functions of Commonwealth of
Virginia government or to the use of Capitol Square due to:
a. Advocacy of the imminent violent overthrow
of government of the United States or the government of the Commonwealth of
Virginia or any political subdivision thereof;
b. The willful damage or destruction or
seizure and subversion of public property;
c. The forcible disruption or impairment of
or interference with the regularly scheduled functions of the Commonwealth of
Virginia;
d. Causing harm to or
violating the lawful rights of any person; or
e. Other disorders of a violent
nature.
B.
Prior to commencement of the permitted event, the department finds it necessary
to revoke the permit due to previously unknown circumstances.
C. During an event, the Capitol Police may
require discontinuation of the event if activity presents a clear and present
danger to public safety, good order, or health or for any violation of
applicable statutes, regulations, rules, or policies.
Statutory Authority: § 2.2-1144 of the Code of
Virginia.
