A. Definition: For the purposes of this chapter "temporary event" is defined as:
1. Any exhibition, performance, presentation or show, or organized gathering offered for public participation, including, but not limited to, any theatrical, dramatic, musical, athletic, spectacular performance; or
2. Any entertainment, political, recreational, religious activity offered for public participation that will be conducted on public property or on private property that is outdoors, not specifically classified for such use under the city's zoning ordinance, in a facility that does not maintain a business license or registration contemplating public gatherings, or is reasonably anticipated to increase demand on City services, including police, fire, and traffic control. Temporary events include, but are not limited to, any race/walk, festival, concert, circus, carnival, parade, rally, religious service, company or organization picnic, and fireworks display.
B. Supplemental Application Requirements: In addition to the general license application requirements, persons seeking a temporary event or sale license for a temporary event must also provide the director of community and economic development with the following as part of their application submission:
1. An agreement to indemnify and hold the city, its officials, officers, employees and agents harmless from any claims arising from the issuance of the temporary event or sale licenses in a form approved by the city attorney;
2. A copy of the applicant's valid and effective certificates of insurance indicating that the applicant has both commercial general liability and workers' compensation insurance coverage; provided, if the temporary event will be conducted on public property, that the city be named as an additional insured;
3. A site plan or diagram of the location or the route on which the temporary event will be held showing all buildings, structures, proposed temporary improvements, and seating areas;
4. If the temporary event will involve seating for members of the public, the seating capacity of the location in which the temporary event will be conducted;
5. If the temporary event is to be conducted on, or requires the use of, public property, a maintenance deposit in the amount set forth in section 4-18-1 of this title; and
6. The application fee in the amount set forth in section 4-18-1 of this title.
C. Additional Requirements:
1. Inspection: The city manager shall make or cause to be made all inspections of the premises, vehicles, equipment or methods of operation to be used in conducting the temporary event that he determines to be necessary to ensure compliance with all zoning, building, fire, or health code or any other applicable ordinances or regulations.
2. Investigation: The chief of police shall make or cause to be made such investigation of the applicant, as he determines to be necessary including the fingerprinting of the applicant/owner, manager or any employee, agent, or subcontractor of the applicant to determine whether the applicant is qualified to engage in business. No license shall be issued to any applicant who does not comply with the applicable requirements of this code. The chief of police shall indicate on the application for a license the results of his investigation, and his recommendation to approve or deny the application. In addition to any other fees assessed in this chapter, a fee in the amount set forth in section 4-18-1 of this title shall be paid by the applicant to cover the cost of each background check conducted.
3. Maintenance Deposit: Applicants for temporary event or sale licenses to conduct a temporary event on, or requiring the use of, public property shall be required to post with the director of finance a maintenance deposit in the form of a certified or cashier's check in the amount set forth in section 4-18-1 of this title. This maintenance deposit shall be forfeited to the city on the fifth day after termination of the temporary event, unless the director of public works certifies in writing to the director of finance that all waste and trash created by operation of the temporary event has been removed from the site and that no public property was damaged as a result of the temporary event. The city may retain all or any portion of a maintenance deposit as reimbursement for any costs it incurs cleaning, repairing, or restoring public property that is damaged as a result of a temporary event.
D. Term Of License: Unless a longer term is expressly approved by the director of community and economic development in writing, the maximum term of a license for a temporary event shall not exceed five (5) consecutive days. (Ord. M-19-13, 10-7-2013; amd. Ord. M-10-20, 8-3-2020)