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No fee, Special Event Contract, or insurance requirement shall be imposed when prohibited by the First and Fourteenth Amendments to the United States Constitution. Political or religious activity intended primarily for the communication or expression of ideas shall be presumed to be a constitutionally protected event. Factors that may be considered in evaluating whether or not the fee and other requirements apply include the nature of the event, the extent of commercial activity, such as the sales of food, goods, and services; product advertising or promotion, or other business participation in the event; the use or application of any funds raised; and if part of any annual tradition or series, previous events in the sequence and the public perception of the event. (Ord. 2129, 2007)