Attorneys for a Bend business that frequently hosts concerts are asking a Deschutes County Circuit Court judge to review the Bend City Council’s February decision to limit the number of large events businesses can hold.

Sierra Phillips, an attorney with Peterkin & Associates representing Century Center, said the City Council’s decision to limit the number of temporary permits businesses can receive to host more people than would otherwise be allowed was “improper.” The City Council in February voted 4-3 to limit the number of permits to three per location per year.

“We’re asking the court to look back at the record,” Phillips said. “What we believe is that the City Council doesn’t have the authority to limit the building official’s discretion.”

State law allows city building officials to grant temporary permits at their discretion, taking into account how allowing additional people at an event would affect safety and accessibility. Several Bend businesses obtain one or two such temporary permits each year.

Only Century Center, which is home to GoodLife Brewing and Volcanic Theatre Pub, has used more than three such permits in a year.

The site, on Century Drive just north of Simpson Avenue, received seven permits in 2017 and 22 in total since 2015 to host concerts in its partially enclosed courtyard and parking area.

In its resolution limiting the number of permits, the City Council wrote that Bend’s building official would normally have sole discretion over permits. However, the City Council thought it appropriate to limit the number of permits because of increased risks and demands on city regulatory staff caused by an increase in special events.

Century Center’s petition contends that the City Council erred in capping the number of permits per location by “limiting the unfettered discretion of the building official.” It also argues that the council didn’t explain how hosting one, two or three events is any safer than hosting four, five or six.

“The whole thing just seems arbitrary,” Phillips said.

If a judge grants Century Center’s petition, the city of Bend would have to turn over copies of its record for a judge to review. A judge would then decide whether the City Council acted appropriately in capping the number of temporary permits.

Assistant City Attorney Ian Leitheiser said he expects the city will challenge the petition because this type of review mechanism, which is typically used for quasi-judicial processes, like those used in land use decisions, likely doesn’t apply.

“What the council did was discretionary and it was something that included providing guidance to the building official,” he said.

— Reporter: 541-633-2160; jshumway@bendbulletin.com