18.38.135   FESTIVAL PERMIT.
   .010   Intent and Purpose. The festival permit is intended to regulate temporary uses, activities, events and signs related to large-scale events or functions held or conducted within the Festival Districts, and to coordinate permits typically associated with this type of event or function including, but not limited to, parades, carnivals, fireworks, commercial filming and special events.  The purpose of the festival permit is to engage in a comprehensive review of such large-scale events or functions to ensure that they enhance the aesthetic appeal of the City and do not create an adverse impact upon the City’s public health, safety and welfare, or the physical environment in areas in which the City has expended significant resources to enhance tourism and the visitor experience and which are characterized by high traffic and periodic influxes of large numbers of persons.
   .020   Definitions.  Notwithstanding definitions set forth elsewhere in the Anaheim Municipal Code, the words, terms and phrases set forth in this section shall have the following meanings:
      .0201   Applicant.  Any person or legal entity requesting a festival permit.
      .0202   City Venue.  The Anaheim Convention Center, the Honda Center and Angel Stadium of Anaheim.
      .0203   Departmental Service Charges.  The actual costs which the City incurs in connection with events or activities for which a festival permit is required under this section, including, but not limited to, costs associated with police, fire, public safety, code enforcement, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the festival and the cost to the City to provide support personnel, equipment, materials and supplies for festival events and activities.
      .0204    Designated Solicitation Areas.  The areas designated for commercial solicitation and distribution of promotional materials set forth in the festival permit.
      .0205   Festival.  An event or other function that is expected to draw a total of thirty-five thousand (35,000) or more persons to two (2) or more City venues within the Festival Districts, for two or more public event days and will generate a peak hotel room block, within the City of Anaheim of at least five hundred (500) rooms.
      .0206   Festival Period.  Two (2) days before the first festival event or activity to and including two (2) days after the last festival event or activity.
      .0207   Festival Districts.  Those areas indicated in Exhibits A-1 (Arena District), A-2 (Convention Center District) and A-3 (Stadium District) of City Council Resolution No. 2010-025, adopted on February 9, 2010, and as may be amended from time to time thereafter.
      .0208   Mobile Billboard Advertising.  Any vehicle, or wheeled conveyance which carries, conveys, pulls, or transports any sign or billboard for the primary purpose of advertising.
      .0209   Promotional Material.  Any promotional good or service, gift, merchandise, sample, product giveaway, device or written material, including any handbill, as defined in Section 7.24.010 of the Anaheim Municipal Code.  The definition of “Promotional Materials” shall not include any noncommercial communication for a noncommercial purpose as defined in Chapter 7.32 of the Anaheim Municipal Code (Noncommercial Solicitation).
      .0210   Parade.  Any march, demonstration, procession, run, motorcade or promenade consisting of twenty (20) or more persons, animals or vehicles, or a combination thereof, having a common purpose, design, destination or goal, and taking place upon any public property and which does not comply with normal and usual traffic regulations or controls.
      .0211   Public Property.  Any real property or interest therein, dedicated to or owned, leased, operated, or otherwise controlled by the City of Anaheim including, but not limited to, streets, alleys, parkways, sidewalks, City venues and the parking lots for City venues.
      .0212   Solicitor.  Every person, whether or not a resident of the City of Anaheim, traveling by foot, vehicle or other type of conveyance, from place to place or from door to door or at any temporary, stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products, fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser thereof.  The definition of “Solicitor” shall not include any person that is engaging in any noncommercial solicitation for a noncommercial purpose as defined in Chapter 7.32 of the Anaheim Municipal Code (Noncommercial Solicitation).
      .0213   Sponsor.  Any person or entity designated by the applicant for a festival permit that funds, manages, promotes, organizes or provides backing for the festival.
   .030   Permit Required.
      .0301   It shall be unlawful for any person or entity to hold, conduct or operate, within the Festival Districts, a festival without having a valid permit issued pursuant to the provisions of this Section 18.38.135.
      .0302   The holding or conducting of any event or activity subject to the provisions of this section without a valid permit issued therefore, pursuant to the provisions of this section, is declared a public nuisance.
      .0303   A festival permit may be issued for any festival within the Festival Districts indicated in Exhibits A-1 (Arena District), A-2 (Convention Center District) and A-3 (Stadium District) of City Council Resolution No. 2010-025, adopted on February 9, 2010, and as may be amended from time to time thereafter.
      .040   Permitted Uses, Events and Activities.  The temporary uses, events, and activities permitted in the Festival Districts, or other specified locations, as designated in an approved festival permit are in addition to those uses, events, and activities authorized by the Anaheim Municipal Code or otherwise permitted by a land use approval, and may supersede the uses conditionally permitted or prohibited on a particular parcel as set forth in this section and the festival permit.  The applicant shall be authorized to hold or conduct the following uses, events and activities in the designated Festival Districts, or other specified locations, subject to an approved or conditionally approved festival permit in accordance with the requirements of this Section 18.38.135.  For uses, events, and activities that otherwise require a separate permitting process (i.e., parades, carnivals, fireworks, commercial filming and special events), the approval of these uses, events and activities will be reviewed, considered and approved as part of the comprehensive festival permit.
      .0401   Parades.  Parades shall be permitted subject to the requirements of Chapter 14.24 (Pedestrians and Parades) of the Anaheim Municipal Code.
      .0402   Concerts.
      .0403   Re-Sale of Tickets.  The re-sale of tickets on the premises of the Honda Center or Angel Stadium of Anaheim shall be permitted for public events to be held or conducted at the Honda Center and Angel Stadium of Anaheim during the festival period pursuant to an approved festival permit. The proposed location and hours of operation for the re-sale of tickets shall be subject to approval by the City as part of the festival permit and shall be limited to those areas at the Honda Center and Angel Stadium of Anaheim designated by City in said permit.  This area shall be shown on the site plan and the security plan.
      .0404   Off-Site Advertising.  Off-site advertising, including, but not limited to, the distribution of promotional materials for the festival shall be permitted subject to the requirements of subsection 18.38.135.050 (Permitted Temporary Signs and Advertising).
      .0405   Fireworks and Open Flame Devices.  Fireworks and open flame devices shall be permitted subject to the requirements of Chapters 6.40 (Fireworks) and 6.41 (Public Displays of Fireworks and Open Flame Devices) of the Anaheim Municipal Code.
      .0406   Live Animals.  Live animals shall be permitted subject to the requirements of Title 8 (Animals) of the Anaheim Municipal Code.
      .0407   Commercial Filming.  Commercial filming shall be permitted subject to the requirements of Chapter 4.03 (Commercial Filming) of the Anaheim Municipal Code.
      .0408   Use of Vacant Lots.  All areas or parcels of land used for any festival use, event or activity, including off-street parking areas, shall be either paved with a permanent paving material, such as cement concrete or asphaltic concrete, or be treated with some type of temporary ground cover such as wood chips or gravel to inhibit dust.  No property shall be used without the written consent of the property owner.
      .0409   Tents.
      .0410   Solicitation.  Commercial solicitation shall only be permitted within the designated solicitation areas as expressly authorized in an approved festival permit. Solicitors shall be subject to the requirements of Chapter 4.52 (Solicitors and Peddlers), Chapter 14.30 (Solicitation of Vehicle Occupants), and Section 14.32.310 (Sales of Goods or Merchandise by Vehicle) of the Anaheim Municipal Code.
      .0411   Amplified Sound.  Unless otherwise approved by the Planning Director, or designee, the use of any sound-amplifying equipment within the Festival Districts, in a fixed or movable position, or mounted upon any vehicle, shall be operated in compliance with the requirements of Chapters 6.70 (Sound Pressure Levels) and 6.72 (Amplified Sound) of the Anaheim Municipal Code.
      .0412   Alcohol Sales and Consumption.  All alcohol sales and consumption shall comply with all State requirements, including all required permits, and be in compliance with the requirements of Chapters 7.16 (Disorderly Conduct) and 11.08 (Conduct on Public Property) of the Anaheim Municipal Code.
      .0413   Off-Site Parking.  Parking for uses that are not on the same parcel as the parking lot or structure shall be permitted subject to the requirements of Chapter 18.42 (Parking and Loading) of the Anaheim Municipal Code.
      .0414   Street Closures.  All street closures shall be approved by the Chief of Police as part of the festival permit.
   .050   Permitted Temporary Signs and Advertising. All advertising shall be subject to the taxes set forth in Chapter 3.20 (Advertising) of the Anaheim Municipal Code.  The temporary signs and advertising permitted in the Festival Districts, or other specified locations, as designated in an approved festival permit are in addition to those signs and advertising authorized by the Anaheim Municipal Code or otherwise permitted by a land use approval, and may supersede the uses conditionally permitted or prohibited on a particular parcel as set forth in this section and the festival permit.  The following temporary signs and advertising shall be permitted, as part of a coordinated sign program, subject to an approved or conditionally approved festival permit in accordance with the requirements of this Section 18.38.135.  All permitted temporary signs and advertising shall be removed within seventy-two (72) hours of the last festival event or activity, unless a different time period is specified in the festival permit for the removal of temporary signs and advertising.
      .0501   Banners.  Temporary banners, including wall banners, banners on light poles, banners across streets, that are a part of a coordinated sign program for the festival shall be permitted.
         .01   Banners within the public right-of-way shall comply with Public Utilities Department Order 406 (Advertising Banners) and shall only include the names and logos of the festival and its sponsors.  Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the banner; the sponsor’s name/logo shall comprise no more than twenty-five percent (25%) of the total area of the banner.  In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
         .02   If the banner is located on a private property, the banner shall only include the names and logos of the festival, its sponsors and the tenants and/or property owner of the subject property.  Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the banner; the sponsors and/or tenant/property owner’s name/logo shall comprise no more than a total of twenty-five percent (25%) of the total area of the banner.  In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
         .03   Wall banners, including super graphics and building wraps, shall cover no greater than twenty-five percent (25%) of the building face of each elevation; the Planning Director, or designee, may allow a greater percentage of coverage unless it is determined that the proposed wall banner will have an adverse impact on the visual appearance of the area or adversely affect adjoining land uses.  All such banners shall be securely fastened to the building and shall not constitute a safety hazard.
      .0502   Window Signs.  Temporary window signs that are a part of a coordinated sign program for the festival shall be permitted.  Window signs shall only include the names and logos of the festival, its sponsors and the tenants and/or property owner of the subject property.  Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the window sign; the sponsors and/or tenant/property owner’s name/logo shall comprise no more than a total of twenty-five percent (25%) of the total area of the window sign.  In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
      .0503   Iconic Structures.  Temporary iconic structures that are a part of a coordinated sign program for the festival shall be permitted.  Said structures shall not impede or disrupt the flow of pedestrian or vehicular traffic or violate any City ordinance or any statute of the State of California regarding public nuisances, or the display of obscene or harmful matter.
      .0504   Sidewalk Decals.  Temporary sidewalk decals that are part of a coordinated sign program for the festival shall be permitted as long as such signs are not a safety hazard.  Unless a different percentage is specified in the festival permit, or otherwise approved by the Planning Director, or designee, the festival name/logo shall comprise a minimum of seventy-five percent (75%) of the total area of the decal; the sponsor’s name/logo shall comprise no more than twenty-five percent (25%) of the total area of the decal.  In the event an advertising banner for a charitable organization is approved by the Planning Director, or designee, such advertising banner need not contain the festival name/logo.
      .0505   Promotional Materials. Distribution of promotional materials, as defined in subsection 18.38.135.020 (Definitions), shall only be permitted as expressly authorized within the designated solicitation areas set forth in an approved festival permit.
      .0506   Substitution of Messages.  Signs and promotional materials authorized by this subsection are allowed to carry noncommercial messages in lieu of any other commercial messages.
   .060   Application for Permit.  Any person or legal entity desiring a festival permit shall make an application to the Planning Director.  Such application must be made at least sixty (60) days prior to the commencement of the festival. The application shall be accompanied by a deposit in an amount to be set by the Planning Director based on the reasonable cost of processing the application.  Costs associated with the processing of the application will be billed on a time and materials basis. The application shall include:
      .0601   Applicant.  The name and contact information for the applicant.
      .0602   Legal Entity.  If the applicant is a corporation or legal entity, the name and contact information of the members/officers shall be listed.
      .0603   Main Contact.  The name and contact information for the person to be in immediate charge of the festival.
      .0604   Media Contact.  The name and contact information for the main media contact for the festival.
      .0605   Sponsor.  The name, main contact and contact information of all sponsors shall be listed.
      .0606   Staff and Committee Members.  The names and contact information for all staff and/or committee members responsible for any temporary use, event, activity or sign associated with the festival.
      .0607   Festival Duration.  The inclusive dates, during which the festival is to take place, including set-up and disassembly.
      .0608   Attendance.  The anticipated total number of participants/attendance for the festival and for each activity associated with the festival, as well as information and any documentation setting forth the number of peak hotel room bookings, within the City of Anaheim, during the festival.
      .0609   Festival Description.  The uses, events and activities proposed in the Festival Districts, including the proposed location and duration of each use, event and/or activity.  If the event will include a parade, as defined by subsection 18.38.135.020 (Definitions), the route shall be clearly indicated on the site plan.
      .0610   Site Plan.  A site plan or plans indicating the exact location and parcels on which the festival and all related uses, events or activities are proposed, including, site dimensions; the names of adjacent streets and highways; the addresses of the underlying parcel or parcels; any existing buildings or other large structures; all vehicle access; parking areas, including the number of parking spaces; and, the areas proposed for the installation of any structures or equipment or the storage thereof.
      .0611   Accessibility Plan.  An accessibility plan describing how the festival will meet all City, County, State and Federal access requirements.
      .0612   Coordinated Sign Plan.  A coordinated sign plan setting forth all banners, including wall banners, banners on light poles and banners across streets, super graphics and building wraps, window signs, sidewalk decals, iconic structures, and other signs proposed as part of the festival.  The plan shall include the materials, dimensions, graphics and method of affixing each sign.  No sign shall be proposed on any private property without the written consent of the property owner. The sign plan shall indicate all sponsors, tenants and property owners to be advertised.
      .0613   Security/Safety Plan.  A comprehensive security/safety plan that sets forth any security required, pursuant to contract(s) with the City venue or private venue managers.  The plan shall include all private security and any necessary City police officers, fire fighters, code enforcement officers, emergency medical staff and/or special response teams.  The plan shall include a contact person and associated contact information for any private security to be used at the festival.  The private security company shall be licensed by the State of California.  The Chief of Police has the final authority to determine security requirements for the festival.  If the prescribed number of licensed private security guards are not provided, or prove inadequate, the Anaheim Police Department maintains the right to shut down any or all components of the festival and/or to provide additional police services as deemed necessary by the Chief of Police. 
      .0614   Medical Plan.  A medical plan that includes the name and contact information of any licensed professional medical service providers for the festival and describing the number, certification levels (medical doctor, registered nurse, paramedic and emergency medical yechnician) and types of resources that will be utilized and the manner in which they will be managed and deployed.
      .0615   Sanitation Facilities.  The total number and location of any portable toilets, including the number of ADA accessible portable toilets, and the equipment set-up and pick-up times.
      .0616   Traffic Management Plan.  A traffic management plan that sets forth proposed street closures, traffic management strategies to alleviate congestion, shuttle services and off-site parking locations.  The plan shall also indicate the proposed location of parking for both attendees and staff.
      .0617   Solicitors.  The name, main contact and contact information of all solicitors shall be listed.
      .0618   Designated Solicitation Areas.  Any location or locations proposed to be permitted for commercial solicitation and/or distribution of promotional materials.
      .0619   Re-sale of Tickets.  Any location proposed to be permitted for the re-sale of tickets.
      .0620   Waste Management Plan.  A waste management plan that indicates the proposed location and timing for the containment and collection of waste associated with the festival.
      .0621   Additional Information.  Such other information as may be required by the Planning Director.
   .070   Action by Planning Director upon Application.
      .0701   Upon the filing of a completed application, the Planning Director, or designee, shall conduct an appropriate investigation, including consultation with the Chief of Police, the Fire Chief, the Executive Director Convention/Sports & Entertainment, the Director of Public Works and the Public Utilities General Manager.  Within thirty (30) days after receipt of a completed application, the Planning Director, or designee, shall approve, conditionally approve or deny the application.
      .0702   An application for a festival permit, pursuant to this section, shall be granted, with or without conditions, unless it is found and determined that any of the following conditions exist:
         .01   The application contains incomplete, false or misleading information.
         .02   The festival will violate provisions of the Anaheim Municipal Code or any federal, state, county or local law or regulation.
         .03   The festival will unreasonably disrupt traffic within the City.
         .04   The festival will unreasonably interfere with access to police stations, fire stations or other public safety facilities.
         .05   The festival will cause undue hardship to or unreasonably interfere with adjacent commercial or residential uses.
         .06   The festival is proposed to be held or conducted in a building or structure which is hazardous to the health or safety of the volunteers, employees or patrons of the event or activity, City employees, or members of the general public, under the standards established by the Uniform Building or Fire Codes.
         .07   The festival is proposed to be held or conducted in a manner in which planned security measures are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by the festival or by patrons entering or leaving the premises where the festival takes place.
      .0703   The Planning Director shall give written notice to the applicant of the action taken upon the completed application.  In the event the application is denied, written notice of such denial shall be given to the applicant specifying the grounds for such denial.
   .080   Appeal of Planning Director’s Decision.
      .0801   Any person or entity aggrieved by a decision of the Planning Director approving or disapproving the issuance of a festival permit or revoking such permit may, within five (5) days after such action, appeal to the City Manager of the City of Anaheim by filing a written notice thereof with the City Clerk.
      .0802   Upon the filing of a timely appeal, the City Manager, or designee, shall set a hearing to be held within ten (10) business days from the date of receipt of such appeal.  The applicant, by written request, may waive the time limits set forth in this subsection except the time within which an appeal may be filed.
      .0803   After an administrative hearing and consideration of testimony, the report and recommendation of the Planning Director, and any written materials submitted by the appellant or other persons, the City Manager, or designee, shall either approve the permit, with or without conditions, or shall deny the permit.  If the permit is denied, notice of said denial shall include the reasons for such denial. The decision of the City Manager, or designee, shall be made within five (5) business days from the date of the hearing and shall be final and conclusive in the matter.
   .090   Amendment of Permit Approval.  A festival permit may be amended by the Planning Director if a request is made in writing to the Planning Director by the applicant. The application for amendment shall be accompanied by a deposit in an amount to be set by the Planning Director based on the reasonable cost of processing the application for amendment.  Costs associated with the processing of the application for amendment will be billed on a time and materials basis.  Any additional information deemed necessary to review such request, as determined by the Planning Director, shall be provided by the applicant.  The Planning Director shall approve, conditionally approve, or deny any application for amendment unless the conditions set forth in subsection 18.38.135.0702 are found to exist.  The decision of the Planning Director as to any amendment may be appealed in accordance with subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
   .100   Restrictions on other Permits.
      .1001   No parade, carnival, firework, commercial filming or special event permits shall be granted for any temporary use, event, activity or sign in the Festival Districts designated in an approved or conditionally approved festival permit during the festival period.
      .1002   It shall be unlawful for any person or entity to hold, maintain, conduct or operate any temporary use, event, activity or sign for which a parade, carnival, firework, commercial filming or special event permit is required within the Festival Districts designated in an approved festival permit during the festival period, unless the person or entity is authorized to do so pursuant to a festival permit approved by the City pursuant to this Section 18.38.135.
   .110   Use of Property for Commercial Purposes.
      .1101   Except for commercial solicitation in designated solicitation areas expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to use any public property or the outdoor area of any private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period, for the purpose of selling, storing or displaying any equipment, materials or merchandise, or any other commercial purpose, except for the following:
         .01   Public or private parking; or
         .02   The transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity for a public purpose in accordance with all federal, state, county or local laws or regulations including, but not limited to, copyright and trademark laws and regulations; or
         .03   Pursuant to any agreement with the City; or
         .04   Newsracks subject to compliance with the provisions of Chapter 4.82 (Newsracks on Public Rights-of-Way) of the Anaheim Municipal Code.
      .1102   Uses, events, activities and signs authorized by this subsection shall not prohibit members of the general public from accessing any business or residence.
   .120   Prohibited Temporary Signs and Advertising.
      .1201   Except for the distribution of promotional materials in designated solicitation areas expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to deposit, place, throw, scatter, cast, or otherwise distribute any promotional material from public property or the outdoor area of any private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period.
      .1202   Unless otherwise expressly permitted in an approved festival permit, it shall be unlawful for any person or entity to erect, place, set, deposit, maintain or place any temporary commercial sign, banner, wall banner, window sign, iconic structure, sidewalk decal, sticker or other structure on public property or the outside area of private property open to public view from public property including, but not limited to, parking lots, in the Festival Districts designated in an approved festival permit during the festival period including, but not limited to, all temporary commercial signs generally permitted pursuant to Chapter 18.44 (Signs) of the Anaheim Municipal Code.  Temporary noncommercial signs shall be permitted in accordance with Chapter 18.44 (Signs) of the Anaheim Municipal Code.
      .1203   It shall be unlawful for any person to conduct, or cause to be conducted, any mobile billboard advertising upon any street, or other public place within the Festival Districts designated in an approved or conditionally approved festival permit in which the public has the right of travel during the festival period; provided, however that this paragraph shall not apply to (i) any vehicle which displays an advertisement or business identification of its owner, so long as such vehicle is engaged in the usual business or regular work of the owner, and not used merely, mainly or primarily to display advertisements; (ii) buses; or (iii) taxicabs.  The purpose of this restriction is to eliminate mobile billboard advertising within designated Festival Districts during the festival period in order to promote the safe movement of vehicular traffic, to reduce air pollution, and to improve the aesthetic appearance within designated Festival Districts during festival events.
   .130   Compliance with other Codes
      .1301   Health and Sanitation. The festival shall conform to the health and sanitation requirements established by the County Health Officer and by applicable State, County and City laws.
      .1302   Building and Fire Codes.  Upon request, the applicant shall furnish proof to the City that all equipment, tents and structures utilized in connection with any festival activity have been inspected and are in compliance with applicable State and City laws and regulations, and shall cooperate with the inspection thereof by local police, fire, building, health or other public officials and personnel.
      .1303   Except as expressly provided in Section 18.38.135, all provisions of the Anaheim Municipal Code shall be in full force and effect and shall be strictly complied with by the applicant and all persons in the Festival Districts.
   .140   Liability Insurance, Indemnity, and Performance Bond Provisions.  The requirements of this section are applicable whenever the applicant’s operations will utilize or impact City facilities, property, or public property, as determined by the City.
      .1401   Without limiting City’s right to indemnification and defense, before a festival permit is issued applicant shall secure, and maintain during the entire period of time that any festival-related activities are taking place on, or any festival-related property is on public property, insurance coverage as follows: (i) commercial general liability insurance specifically covering the festival-related activities and events proposed by applicant and including, but not limited to, coverage for premises and operations, contractual liability, personal injury liability, products/completed operations liability, and independent contractor’s liability, in an amount not less than $5,000,000 per occurrence, written on an occurrence form; and (ii) comprehensive automobile liability coverage (including owned, non-owned, and hired coverage), in an amount not less than $1,000,000 per occurrence, combined single limit, with no aggregate. The insurance required herein shall be: (a) written on a primary basis (i.e., without a self-insured retention); (b) placed with insurers admitted to write insurance in California and possessing an A. M. Best rating of A VII or higher (or with an insurer otherwise acceptable to City, with City’s prior written permission).  A properly executed endorsement, with a wet signature, to said general liability policy/policies shall be submitted naming the City of Anaheim, its officers, employees, agents, representatives, and volunteers as additional insureds (collectively, the “City Indemnities”) as respects (i) the acts, omissions, operations, products, and activities of, or on behalf of, the applicant, (ii) the festival and festival-related activities, and (iii) applicant’s use and occupancy of all public property related to the festival.  In the event the use of pyrotechnics, or any other unusual activity, or higher-risk activity (such as carnival rides) is contemplated, the applicant will be required to submit evidence of insurance which will cover said use or activity in an amount and a form acceptable to the City’s Risk Manager; provided, however, that specifically as to pyrotechnics, the amount of liability coverage shall be the greater of the minimum limits required by State law and the amount required by City’s Risk Manager, and evidence of this insurance will additionally be reviewed by the Fire Department.  The Risk Manager is authorized to reduce the insurance requirements above if it is deemed to be in the best interests of the City of Anaheim.
      .1402   Indemnity, Defense and Hold Harmless Agreement.  The applicant shall execute an indemnity, defense, and hold harmless agreement as provided by the City of Anaheim prior to the issuance of a permit under this section.  In addition, applicant shall, in its contracts with any of its festival-related exhibitors, contractors, suppliers, and solicitors, ensure that the City Indemnitees are provided indemnity, defense, and hold harmless protection at least equal to said protection provided to applicant.
      .1403   Performance Bond.  To ensure cleanup and restoration of the Festival Districts, the applicant may, at the sole discretion of the City of Anaheim, be required to post a refundable cash deposit or a performance bond (or other bond form as may be agreed to in writing in the sole discretion of the City of Anaheim), in an amount to be determined by the Planning Director, upon submittal of the application.  Upon completion of the festival, satisfactory cleanup and restoration of the Festival Districts by the applicant, and inspection of the site by the City, the bond or cash deposit shall be returned to the applicant.
   .150   Payment of Departmental Service Charges.  The applicant shall pay the City of Anaheim for all departmental service charges relating to a festival held or conducted pursuant to an approved festival permit.  The City Manager, or designee, may waive departmental service charges relating to a festival where it is found and determined that the public interest would be served by the waiver of all or any part of said charges.
   .160   Revocation of Permit.
      .1601   Any festival permit, issued pursuant to the provisions of this section, may be revoked by the Planning Director, or designee, for good cause. Good cause shall include, but not be limited to, the following:
         .01   The application contains incomplete, false or misleading information.
         .02   The applicant has failed to comply with any provision of this Section 18.35.135.
         .03   The applicant has failed to comply with one or more of the required terms or conditions of the permit.
      .1602   The decision of the Planning Director revoking a permit may be appealed to the City Manager, pursuant to subsection 18.38.135.080 (Appeal of Planning Director’s Decision).
   .170   Violation.
      .1701   A violation of any of the provisions of Section 18.38.135 or any of the terms and conditions of the festival permit shall be a misdemeanor punishable as set forth in Section 1.01.370 (Violations of Code - Penalty) of the Anaheim Municipal Code.
      .1702   Notwithstanding any other provisions of this Code, which may require prosecution of any such violation as a misdemeanor, any such violation constituting a misdemeanor under this section may be charged and prosecuted as an infraction.  (Ord. 6165; February 16, 2010.)