§ 131.08  Special Event Concession Agreement and Charges
   Every person or entity sponsoring a special event involving sale of items, admission for which a charge or ticket is required or limited to invitation only, or closure of more than one-half (1/2) linear mile of City streets shall comply with the following requirements:
   (a)   Obtain a permit under Section 131.07, provided, however, that prior to the issuance of a permit to use City property managed by a City department other than the Department of Public Works, the director of the affected department must consent to the issuance of the permit;
   (b)   Submit an application in a form approved by the director of the affected department or his or her designee within such time period prior to the special event as may be established by the Director;
   (c)   If the special event is to be located wholly or partially on property which is owned, leased or maintained by the City of Cleveland, pay property rent in scheduled amounts determined from time to time by the Board of Control; in setting rents, the Board of Control may consider without limitation the following considerations entitling the applicant to a reduced or abated rent:
      (1)   The economic impact of the special event on the Greater Cleveland economy as reflected in sales taxes, transient occupancy taxes, and admission taxes;
      (2)   The extent to which the special event will preserve the City’s recreational use Immunity provided in RC 1533.181 on all property used for the special event;
      (3)   The percentage of the special event gross revenues which will accrue to a charity or charities qualifying under Section 501(c)(3) of the Internal Revenue Code.
   (d)   Pay all costs, at scheduled rates as determined from time to time by the director of the affected department or designee and approved by the Board of Control, for services and equipment exceeding normal service levels incurred during a special event by the City’s Department of Public Works;
   (e)   Pay such additional costs for services exceeding normal service levels incurred during the special event by other City departments at scheduled rates determined by the director of the affected department or his or her designee and approved from time to time by the Board of Control;
   (f)   Provide such services at the applicant’s sole cost, including without limitation security and traffic control, crowd management, fire protection, food service control and inspection, waste and litter control, and any other services necessary to ensure than an event is conducted in a safe manner to protect the safety, health, property and general welfare of the City’s citizens, as determined by the director of the affected department or his or her designee and approved by the Board of Control; and
   (g)   Submit an independently audited statement of gross revenues derived from the special event within such time period after the special event as may be specified by the director of the affected department or his or her designee.
   (h)   After January 1, 1992, each annual Board of Control resolution establishing special event rental rates and service cost recovery amounts shall only become effective sixty (60) days after publication in the City Record. Notwithstanding any provision of the Codified Ordinances to the contrary, the councilmember of each ward may designate one (1) special event per year to be exempt from either (a) the payment of any sums described herein; and the submission of an audited statement under division (g) of this section, or division (b) if the special event is located in the ward of the councilmember requesting exemption, has gross revenues of under twenty-five thousand dollars ($25,000.00), and at least ninety percent (90%) of its gross special event revenues accrue to a community-based organization or to a charity qualifying under Section 501(c)(3) of the Internal Revenue Code, the payment of any sums described herein, the submission of an audited statement under division (g) of this section, and the payment of any permit fees to the City. The Director of Public Works shall submit a report on the City costs and charges for special events to the Clerk of Council at the end of each calendar year.
(Ord. No. 135-11. Passed 1-31-11, eff. 1-31-11)