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(A) The Department may at any time revoke a special event permit if the operation of the event is in violation of this subchapter or any other applicable law, or if such revocation is necessary to preserve the health or safety of the public. Written notice of the revocation with the reasons therefor shall be mailed to or served upon the sponsor of the event at the time of revocation. Unless the permit will expire by its own terms before a hearing can be reasonably scheduled, no such revocation will take effect until the sponsor of the event has been given notice and an opportunity to be heard in accordance with rules and regulations issued by the Department. When necessary to prevent an immediate threat to the health or safety of the public, the Department shall order the sponsor of the event to cease operation of the special event pending the outcome of the hearing.
(B) For any violation of the special event permit or the rules and regulations promulgated under this subchapter which endangers the health or safety of the public, no new special event permits shall be issued to the sponsor of the event for the remainder of the year of that event and for the following calendar year.
(Ord. 2022-022, passed 3-22-2022)
(A) No permit shall be issued until the applicant has supplied to the Department proof of insurance evidencing commercial general liability insurance with limits of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage, naming the city as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the permittee’s operations.
(B) Each insurance policy required by this section shall include a provision to the effect that it shall not be subject to cancellation, reduction in the amounts of its liabilities or other material changes until notice thereof has been received in writing by the Office of Risk Management and the Department not less than 60 days prior to such action.
(C) Each applicant shall maintain the insurance required by this section in full force and effect for the duration of the permit period. Failure of the sponsor of the event to maintain such insurance during the periods indicated above shall result in automatic expiration of the permit. For the purposes of this section, the permit shall include the time required for construction and removal of all materials and equipment provided for the conduct of the special event until the public way has been cleared and restored as provided in § 96.071 of this code.
(Ord. 2022-022, passed 3-22-2022)
In addition to the requirements stated above, and apart from and separate from any insurance requirement under this subchapter, the applicant shall agree in writing to indemnify, defend and hold the city and its assignees and employees harmless from all losses, damages, injuries, claims, demands and expenses arising out of the operation of the special event or the condition, maintenance and use of public property.
(Ord. 2022-022, passed 3-22-2022)
(A) During the conduct of the special event, the sponsor of the event shall keep the public way clean and free from paper, debris or refuse, and upon termination of the permit by lapse of time or otherwise, the sponsor of the event shall remove all materials and equipment and clean the street.
(B) If the public way has been damaged, the sponsor of the event shall repair and restore it to the condition it was in prior to the special event.
(Ord. 2022-022, passed 3-22-2022) Penalty, see § 96.999
Whenever a special permit requires the closure of a street, a clear path of not less than ten feet must be maintained at all times to provide for the passage of emergency vehicles.
(Ord. 2022-022, passed 3-22-2022) Penalty, see § 96.999
The sponsor of the event shall be responsible for ensuring a health inspection of each vendor participating in the event to ensure that each vendor has the proper licenses. The cost of the inspection will be $50 per vendor inspected. In the event that an unlicensed or improperly licensed vendor is found at the event, the sponsor of the event shall be fined pursuant to § 96.999 of this code for each unlicensed or improperly licensed vendor. This shall be in addition to any fines and/or penalties which may be issued to the individual vendor.
(Ord. 2022-022, passed 3-22-2022; Ord. 2023-041, passed 10-24-2023) Penalty, see § 96.999
In addition to any other appropriate department, the Department is authorized to inspect the special event and may issue citations for any violation of this subchapter or any regulations pertaining to the operation of the special event, except for provisions currently enforced by the Department of Public Health.
(Ord. 2022-022, passed 3-22-2022) Penalty, see § 96.999
The Department shall have the authority to promulgate such rules and regulations that it determines are necessary or desirable for the implementation of this subchapter. The rules and regulations need not be published in a newspaper but shall be made available for inspection by the public at no charge.
(Ord. 2022-022, passed 3-22-2022)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) For any violation of a special event permit or the rules and regulations promulgated under §§ 96.060 through 96.075 of this code, including the failure to amend a permit pursuant to § 96.062 of this code, the sponsor of the event shall be fined not less than $500 nor more than $750 for each violation. The city may, if timing permits, order the sponsor of the event or property owner where the event is held to cease and desist from holding the event for any violation of the special event permit of §§ 96.060 through 96.075 of this code. The city may seek an injunction or temporary restraining order, an abatement or other appropriate action to enjoin, abate or stop any outdoor special event violation of §§ 96.060 through 96.075 of this code.
(2) The city’s administrative staff as well as its Police Department are authorized to enforce §§ 96.060 through 96.075 of this code. The sponsor of the event and the owner of the property where the outdoor special event is held will be jointly and severely liable to the city for any violation of §§ 96.060 through 96.075 of this code and for any costs or expenses incurred by the city for violations of §§ 96.060 through 96.075 of this code.
(3) If the sponsor of the event, the property owner and/or the attendees of the event are found guilty of four or more code violations or criminal acts at the same event or six or more code violations or criminal acts within a 180-day period, no new special event permits shall be issued to the sponsor of the event for the remainder of the year of that event and for the following calendar year.
(Ord. 2022-022, passed 3-22-2022)