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A. Application; Documentation; Fee: To obtain a planned special event permit, whether the permit is required or optional, a completed application shall be submitted to the City Clerk, together with all required documentation and payment of the nonrefundable fee indicated on the City Clerk licensing fee schedule, unless the fee has been waived by the City Clerk pursuant to subsection 3-17-2F1 of this chapter, prior to the relevant application deadline specified herein.
B. Application Deadlines:
1. Application for a planned special event permit shall be made to the City Clerk at least forty five (45) days, but not more than three hundred sixty five (365) days prior to commencement of set up activities for the planned special event or events.
2. Upon a showing of good cause by an applicant, and if SET members are available to meet to consider the application, a late application may be submitted no later than fifteen (15) days prior to commencement of set up activities for the planned special event. Good cause shall be determined by the SET Chair, and shall be based upon factors furthering public service, health, safety or economic welfare.
3. Applications submitted later than fifteen (15) days prior to commencement of set up activities for the planned special event shall not be considered.
C. Application Content:
1. Requirement: Every person making application for a planned special event permit shall complete the application with all information and documentation required by the City Clerk on the application.
2. Plans May Be Required: The SET is authorized to require a communication plan, an incident action plan, a security plan, a transportation plan and/or a trash and recycling plan as a part of any application. An applicant's failure to include any plan required by the SET shall be grounds for denial of a planned special event permit application.
3. Required Insurance And Indemnification:
a. Every application for a planned special event permit shall include documentary proof that the applicant obtained a comprehensive general liability insurance policy with a limit not less than one million dollars ($1,000,000.00) per occurrence, or such higher amount or additional insurance coverage as required by Risk Management.
b. The required insurance policy shall:
(1) Name the City as an additional insured; and
(2) Be the primary policy, not contributing with or in excess of any coverage the City may carry; and
(3) Be written by a company authorized to write insurance policies, of the type and in the amount required herein, within the State.
c. The insurance shall cover the entire period of the planned special event, including set up and take down.
d. The insurance requirements of this section may be waived by the City Clerk upon submission of proof that:
(1) The applicant is unable to procure insurance at a price that is reasonable as demonstrated by the filing of a minimum of two (2) price quotes for insurance and an "affidavit of indigency form" with the City Clerk; and
(2) The insurance requirement would effectively preclude lawful, protected and timely expression; and
(3) The applicant lacks alternative means for the same expression.
e. The City Clerk, in consultation with the Risk Manager and City Attorney, shall issue a written decision if the request for waiver of the insurance requirement is denied.
f. Every applicant shall indemnify the City for, and shall defend and hold the City harmless from, any liability, damage or loss occurring during the course of the special event, including set up and take down, caused by the negligent or intentional act or omission of any applicant or any officer, employee, agent or contractor of the applicant.
4. Projected Attendance: Every application for a planned special event permit shall include a good faith estimate of the projected attendance for the planned special event. The estimate shall include a statement from the applicant describing known factors that may affect attendance, including:
a. Historical attendance at the same (or similar) events in the past;
b. The extent and type of advertising and promotion for the special event;
c. Any other factor or circumstance that may affect attendance at the planned special event.
D. Additional Information: The SET is authorized to request additional content neutral information, documentation or clarification from an applicant when applications are incomplete or lack sufficient logistical detail for the SET to consider the event. Failure by the applicant to timely fulfill such request to the satisfaction of the SET shall be grounds for denial of a planned special event permit. (Ord. 10-14, 3-25-2014)