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(A) An applicant for a license under this chapter must file an application in writing. The City Recorder shall provide the application form and establish written procedures for submittal requirements necessary to process the application in accordance with this chapter.
(B) The application will be reviewed to determine compliance with the following standards and limitations:
(1) Transient merchant license.
(a) The proposed use must meet the definition of transient merchant and be subject to classification as set out in this chapter. Any use not meeting the definition of transient merchant or subject to classification shall be deemed to be a use subject to review by the City Council.
(b) Transient merchants shall not be permitted on those properties where zoning specifically prevents such activities. On all other non-city owned property written permission of the property owner for the proposed use shall be required. No encroachment upon city rights-of-way shall be permitted.
(c) Each license shall be issued for a single fixed location, and no transient merchant shall change location except upon permitted license renewal.
(d) No transient merchant who is a food vendor shall be permitted to provide tables or seating for the use of patrons. A table for condiments will be permitted.
(2) Special event license.
(a) The proposed use must meet the definition of special event. Any use not meeting the definition of special event shall be deemed to be a use subject to review by the City Council.
(b) Special events shall not be permitted on those properties where zoning specifically prohibits such activities. On all other non-city owned property written permission of the property owner is required. No encroachment upon city rights-of-way shall be permitted.
(c) A special event license is issued to the sponsor of the special event.
(d) The license shall be limited to the duration of the special event, not to exceed 15 days.
(e) The application must be submitted 14 days prior to a small event, and 45 days prior to medium and large events. If the last day for submission falls on a day when the city administrative offices are closed, the application will be considered if it is received by the city on the next business day. Faxed applications must be followed up by the original and the non-refundable processing fee within five working days of the faxed copy.
(3) Compliance. All licenses shall also comply with the following:
(a) All licenses must comply with all state and local laws, including, but not limited to, regulations and standards imposed or enforced by the county and the city.
(b) All debris and trash must be removed from an event site immediately after the event, in compliance with all city, county, and state standards, and may not be poured into storm sewers or onto the ground. Adequate trash receptacles must be provided in accordance with the terms of the license. All expenses will be the responsibility of the event applicant, including, but not limited to:
1. The cost of providing, erecting, and moving barricades and signs;
2. The cost of providing and moving garbage and waste receptacles;
3. The cost of repairing or replacing damaged city property;
4. The cost of event venue cleanup; and
5. The cost of city personnel whom the city has required to work overtime. Where the city reasonably anticipates that it will incur such unusual or extraordinary expenses related to the event, the City Recorder may require, as a condition of issuance of a permit, that a sum be deposited to meet such costs.
(c) No use will be permitted:
1. Within the required landscape or setback area of the property;
2. That blocks vision at street intersections;
3. That blocks a crosswalk or otherwise impedes the flow of pedestrian traffic;
4. That blocks entrances or exits from buildings;
5. That blocks a driveway or otherwise impedes the flow of vehicular traffic;
6. Without the use of readily removable barricades;
7. Within ten feet of any disabled parking space or access ramp;
8. Within 50 feet of any entrance or driveway to a health care facility with an emergency or urgent care facility, school, or police or fire station;
9. Within any service drive of a parking lot; and
10. In a location which conflicts with any fire or safety code regulation or which fails to maintain a minimum 20-foot wide fire lane.
(d) The City Recorder may impose conditions of approval on the license that are necessary to comply with the requirements of the license and this chapter in determining whether to grant or deny a license, or in setting any conditions of approval. The City Recorder shall consider:
1. The need to maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks, and areas open to the public;
2. Criminal history of the applicant or event sponsor;
3. Any documented history of problems with an applicant or event previously held;
4. Suitability of the premises for the type of activity applied for; and
5. Compliance with all other applicable local and state laws, ordinances and regulations, and the standards set forth in this section.
6. When applicant intends sound amplification which exceeds the level permitted under § 90.17; and
7. Where applicant intends to sell/serve alcoholic beverages and has failed to obtain a permit from the State OLCC.
(e) The conditions applicable to a license may include the right of the city or county to a post-licensing inspection of the licensee’s business premises to ensure compliance with appropriate structural, mechanical, fire, health, and/or safety regulations or concerns. Inspection may also be conducted from time to time during the course of the license period, as deemed necessary by the city or the county. If the licensee fails, within the specified time, or if no time is specified, a reasonable time, to remedy any noncomplying practice or defective condition identified as a result of any inspection, the licensee’s license shall be revoked, without refund.
(f) The city shall call upon the Rural Fire District to set general policy for fire safety and to determine the specific fire safety requirements, including fire safety inspections, for any individual transient merchant or special event. Whenever, in the opinion of the Fire District it is necessary for public safety at a special event (such as fireworks and bonfires, heat generating appliances), the Fire District may require the special event licensee to contract with the city and/or Fire District and/or Glendale Ambulance Service for standby fire and emergency medical watch. The licensee shall be responsible for paying the fees incurred for such coverage and the licensee shall execute a contract for the services as a condition to receiving the special event license.
(g) The city shall have the authority and discretion to require structural inspections for any temporary structure.
(h) All licensees for use of city owned property, including rights-of-way, shall be required to furnish evidence of liability insurance providing primary coverage in an amount that is not less than the city’s tort liability limits established by the state legislature naming the city as an additional insured. The liability insurance shall apply to, and provide coverage for, any an all claims for bodily injury and property damage arising from or caused by the use for which the license is granted and shall be primary coverage. In lieu of meeting the insurance requirements of this section, any governmental entity may enter into an agreement with the city to indemnify and hold the city harmless in the event of any damage or injury resulting from the use.
(i) All licenses shall include a condition of approval requiring the licensee to reimburse the city the costs incurred by the Fire District in responding to the special event or transient merchant’s operation. Payment must be made to the city within 30 days of the date of the city’s invoice. In any action to collect unpaid balances, the city is entitled to collect its costs and attorney’s fees.
(Ord. 05-2006, passed 5-8-2006)
Definitions, see § 111.02