1 Va. Admin. Code § 30-100-70

Current through Register Vol. 41, No. 4, October 8, 2024

Section 1VAC30-100-70 - Denials and revocations

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.

1 Va. Admin. Code § 30-100-70

Derived from Virginia Register Volume 38, Issue 18, eff. 5/25/2022.

Statutory Authority: § 2.2-1144 of the Code of Virginia.