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Terms Used In Texas Occupations Code 2104.104

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

The commissioners court shall grant a permit application filed under Section 2104.101 unless, by a majority vote, the court finds, from a preponderance of the evidence presented at the hearing, that:
(1) the permit application contains false or misleading information;
(2) required information is omitted from the application;
(3) the promoter does not have sufficient financial backing or stability to:
(A) carry out the preparations described in the application; or
(B) ensure the faithful performance of the promoter’s agreements;
(4) the preparations described in the application are insufficient to:
(A) protect the community or the persons attending the outdoor music festival from health dangers; or
(B) avoid a violation of Chapter 341, Health and Safety Code;
(5) the times of the festival and the festival location create a substantial danger of congestion and disruption of other lawful activities in the immediate vicinity of the festival;
(6) the preparations described in the application are insufficient to limit the number of persons attending the festival to the maximum number stated in the application; or
(7) the promoter does not have adequate agreements with performers to ensure with reasonable certainty that persons advertised to perform at the festival will appear.