(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ARTIST.” A person the makes handmade items, not items from commercial kits, no factory, commercial or mass produced works. The prints and books derived by the handmade works of the artist are not considered commercial or massed produced works.
“CHARITABLE ORGANIZATION.” A non-profit organization that is organized and operated for a public purpose. Profits are not paid to shareholders or owners but contributions are received from difference sources, including fundraising projects, to further benefit the specific purpose of the organization. Religious organizations, churches, public service organizations, educational groups, juvenile civic organization and organizations that serve underprivileged, underserved or distressed populations are an example of charitable organizations.
“FARMERS MARKET.” An open, public market that sells directly to consumers agricultural products and value-added food products by the primary grower or producer of the product offered for sale or their agent.
“SPECIAL EVENTS.” Any festival, ceremony, sale, show, demonstration, exhibition, pageant, transient amusement enterprise, outdoor temporary gathering or similar event, in or on or having substantial impact on any public street, public park, or other public place in the city. Excludes transient merchants, flea markets, solicitors and peddlers.
“VENDOR.” Person who transfers property by sale.
“YARD SALES.” A used item sales event that is conducted in an open air setting that may be held on public or personal property. “YARD SALES” are only exempted from this chapter if the sale is held on personal property.
(B) Permit required; categories, fees and exemptions.
(1) Special event permit required.
(a) No person or company shall engage in, participate in, aid, form, or start any special event unless a special event permit has been obtained from the City Manager. However, this section may not apply to certain governmental agencies acting within the scope of its functions. If a question arises as to applicability, the City Manager will make the determination if this chapter applies.
(b) A special event permit allows a person or organization to host the special event. Additional permits, licenses, taxes and costs may be applicable to the event. It is the responsibility of the host of the special event to determine which additional permits, licenses, taxes and costs may apply.
(2) Alcoholic beverage sale and/or consumption permit.
(a) No special event shall allow the event sponsor or any vendor to sell closed alcoholic containers (“alcohol for sale”) or sell alcohol for on-site consumption (“alcohol for consumption”) without first complying with City Ordinance Chapter 111, Alcoholic Beverages, including having a state and city license for the sale or consumption of alcoholic beverage during the special event. The city license for alcoholic beverages is to be applied for and acquired from the ABC representative for the City of Hazard.
(b) In order to sell alcoholic beverages during the special event, the rules and regulations of the physical premises where the event takes place determines if alcoholic beverage sales and consumption are allowed on the premise regardless if the event sponsor or event vendor has the appropriate alcoholic beverage licenses to do so.
(c) The special event application requires the special event applicant/sponsor to apply for an additional permit for alcoholic beverage sale and/or consumption if the sponsor or vendors will be offering alcohol for sale or consumption during the special event. This permit is separate from the state license and city licenses per Chapter 111, Alcoholic Beverages. This special permit must be approved by the City Manager as a separate consideration for the special event permit.
(d) If the special event permit allows for the sale or consumption of alcoholic beverages, the applicant/sponsor shall pay the applicable special permit fee, per division (C) of this section, unless determined to be exempt, and an additional fee of $100 per day of the special event for the alcohol sale in closed containers and an additional fee of $250 per day of the special event for alcohol for consumption regardless if the applicant/sponsor is otherwise exempt from the special event permit fee.
(e) The alcohol permit fee shall be paid unto the City Tax Administrator at least seven business days prior to the commencement of the special event and is non-refundable.
(f) The alcohol sale and consumption permit fee will be used for the cost of providing services and any other costs the City determines is necessary for the health and safety of the community including administrative costs associated with the alcohol consumption at the special event.
(g) Upon receiving approval for a special event permit, the sponsor/applicant may receive approval from the City Manager to sell alcoholic beverages in closed containers only thereby excluding any alcohol for consumption on the special event premises. If the special event sponsor is granted a permit for the sale of alcohol but not consumption, the sponsor, at their sole expense, shall post signage at numerous locations, including, but not limited to, all entries and exits, every booth or location selling alcohol, restroom areas, and at the main contact booth for the event. In addition to stating on the sign that the alcoholic beverage containers cannot be opened and consumed on the premises, the signs shall also state that public consumption of alcohol will result in immediate ejection from the event and will be immediately reported to law enforcement.
(h) The applicant/sponsor, at their cost, must comply with all rules and regulations with regard to the sale and consumption of alcoholic beverage at a special event, including, but not limited to, the cost of posting all signage associated with alcohol consumption health warnings, signage regarding the requirements for the purchase of alcohol and that open alcoholic beverage containers must only be consumed in the special event designated area. Additional signage shall be posted stating that any person may be denied service or ejected from the special event based on their consumption of alcohol. All violations of the law associated with alcoholic beverages are to be considered in addition to the penalties for violation of this chapter.
(i) The special event sponsor and vendors, including their agents, employee(s), volunteers, or any other person(s) in their association, who have been granted an alcohol permit shall abide by all Kentucky law, regulation, city and county ordinance or order and any directions or instructions from law enforcement during the special event.
(3) Special event categories; fees and exemptions. Special events are classified in categories as follows;
(a) Category A; 1-25 persons in attendance at special event. Fee: $25 per day.
(b) Category B; 26-75 persons in attendance at special event. Fee: $50 per day.
(c) Category C; 76-125 persons in attendance at special event. Fee: $75 per day.
(d) Category D; 126-225 persons in attendance at special event. Fee: $100 per day.
(e) Category E; 226-400 persons in attendance at special event. Fee: $125 per day.
(f) Category F; 401-600 persons in attendance at special event. Fee: $150 per day.
(g) Category G; 601+ persons in attendance at special event. Fee: $250 per day.
(h) Category H; Transient amusement enterprises at special event. Fee: $200 per day.
(4) Exemptions from special event permit fee. No person, business entity, organization or other applicant/sponsor of a special event will be granted a permit without payment of the permit fee except the person, business entities, organization or other applicant/sponsor that meet the exemptions listed in this section herein. Exemption from the permit fee for a special event does not exempt sponsors/applicants, vendors, booth renters, or any other person, business entity, organization or other participant in the special event from paying applicable fees under additional city ordinances. The permit fee exemption list includes:
(a) Any special event sponsored by a non-profit business or organization as defined by the Internal Revenue Service Code, with proof of the non-profit status submitted to the city at time of the application;
(b) Any special event sponsored by a charitable organization;
(c) Sheriffs, constables, or other public or court officers, or any other person or persons acting under the direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties;
(d) Any special event operated as a local farmer’s market or local artist market. Local is defined as being sponsored by an individual or organization located within Perry, Knott, Leslie, Letcher, Breathitt counties; and
(e) A yard sale on private property.
(5) Permit application.
(a) Application for a special event permit shall be filed with the City Manager on forms provided by him/her at City Hall. The application for the special event must be accompanied by payment of the applicable permit fee by check, cash or money order. Every sponsor of a special event must submit an application even if the sponsor is exempt from the permit fee. No application will be accepted unless all of the information requested herein is submitted at the same time as the application. Applications will be accepted no less than 30 days prior to the beginning of the event. It is recommended that the event sponsor/applicant contact the City Clerk prior to submission of the application to determine if the public area which the special event is to be held is available on the specific day and time.
(b) The application for a special event permit shall set forth the following information:
1. The name, address, and telephone number of the person seeking to conduct the special event;
2. If the special event is proposed to be conducted for, on behalf of, or by an organization, the name, address, telephone number and e-mail address of the headquarters of the organization, and of the authorized heads of the organization;
3. If the special event sponsor is claiming exemption from the permit fee, the sponsor must submit written proof of the exemption status with the application;
4. The name, address, telephone number and e-mail address of the person who will be the special event chairperson and who will be responsible for its conduct;
5. The date and hours when the special event is to be conducted;
6. A description of the area to be utilized, including requested street changes and parking restrictions;
7. A description of the event to be conducted including any sales, vendors, exhibits, concerts, performances and any other activities happening during the event;
8. The expected total attendance for the event, and the estimated maximum number of people to be assembled at any one time;
9. Verification of the applicant or sponsoring organization that proof of adequate liability insurance coverage shall be provided;
10. Plan of action regarding waste disposal, toilet facilities, crowd control including number of city police and other law enforcement needed, ambulance services and any other service required in order to operate the special event in compliance with all applicable laws and regulations.
11. If the special event requires additional permits or licenses, per city ordinance or any other law or regulation, then the additional permit or license must be submitted as an attachment to the application or in the alternative, the application for the required permit or license, including the applicable fee, must accompany the special event application;
12. Any additional information and criteria which the City Manager or his/her designee shall find reasonably necessary to a fair determination as to whether a permit should be issued.
(6) Standards for permit issuance. The City Manager shall issue a permit as provided for hereunder when, from a consideration of the application and from any other information that may otherwise be obtained, he/she finds that:
(a) The conduct of the special event will not present an unreasonable hazard to the safety of the public;
(b) The conduct of the special event will not require the diversion of so great a number of police officers of the city to properly police the event and areas contiguous thereto as to prevent normal police protection to the city; if the special event requires a greater number of police/law enforcement than usually provided for the area and time period, the special event applicant/sponsor agrees to enter into a written agreement with the city to pay the additional cost of providing an adequate number of law enforcement upon the terms of the agreement;
(c) The conduct of the special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the special event and areas contiguous thereto, if so, the special event sponsor will present a plan of action to provide the additional ambulance services;
(d) The concentration of persons, animals, vehicles, and equipment will not duly interfere with proper fire and police protection, and ambulance service;
(e) The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance;
(f) The permit fee tendered is of good and value consideration thereby paying the applicable fee in full;
(g) The applicant or sponsor of the event shall provide general liability insurance coverage, a minimum of $500,000, applicable to all persons in attendance at the special event, including the special event applicant/sponsor agents, employees, invitees, or any person or business participating in the special event, including the city, law enforcement and other agent or employee of the city, against hazards for claims involving personal injury, bodily injury, property damage, damages, medical expenses, business expenses, other expenses and any loss or damages arising in tort or breach of contract or insurance contract or otherwise as a result of the special event including the indemnification of the city by the applicant/event/ sponsor;
(h) The applicant/sponsor of the event shall name the city and city officials as an insured under the policy of insurance;
(i) The applicant/sponsor of the event shall provide the city with a certified copy that the required insurance coverage is in effect for the event;
(j) The applicant/sponsor of the event shall indemnify and hold the city harmless from all claims for liability against the city, city employees and elected officials arising from the issuance of the special events permit and any occurrence at the event. All special events will require a written hold harmless and indemnification agreement holding harmless and indemnifying the city, city employees and elected officials;
(k) The applicant/sponsoring organization have read and agreed to the city’s ordinances and requirements, including but not limited to guaranteeing the vendors, booth, salespersons and any other persons associated with the vendors, are informed of and comply with the same;
(l) There will be sufficient help available to provide necessary services, including but not limited to, toilet facilities, first aid location, lost child station, utility services and other needed services specific to the type of special event held, and that the cost of these services will be the sole responsibility of the special event applicant/sponsor unless a written agreement between the City and the applicant/sponsor is entered into stating to the contrary. Any City utility services used by the special event will be invoiced and payment by the applicant/sponsor is required within 30 days after the end of the special event. If the invoice is not paid within thirty days, a penalty of $25 will be added and interest at a rate of 12% per annum will be added to the original invoice. Failure to pay will result in the revocation of the special event permit for the applicant/sponsor and disqualify the applicant/sponsor from receiving a permit in the future until the utility services invoice is paid in full, including any interest, penalties and reasonable attorney fees, if applicable. The remedies in this subsection do not bar or limit additional remedies available to the City for non-payment;
(m) There will be sufficient help available to provide necessary services in order to clean up and any other service needed to return the public property to the same condition when the applicant/sponsor took possession of the public property at no cost to the city;
(n) The applicant/sponsor shall be responsible to provide the city application and/or other paperwork to the participants, including vendors;
(o) The participants/vendors shall return the application and paperwork to the special event applicant/sponsor no less than 15 business days, excluding holidays and weekends, from the start date of the special event. All participants/vendors must submit a completed application even if they are claiming exemption from the vendor’s license fee;
(p) The participant/vendor must include the vendor’s license fee with their application unless the participant/vendor is claiming an exemption;
(q) If a participant/vendor is claiming an exemption from the vendor’s license fee, they must submit proof of their exemption with their application;
(r) The applicant/sponsor will deliver one package containing all of the completed participant/vendor applications and vendor’s license fees, to the City Tax Administrator no less than 14 business days, excluding holidays and weekends, from the start day of the special event;
(s) Incomplete participant/vendor applications will not be considered. If a participant/vendor application is incomplete, the party may submit additional information prior to 14 business days before the event but the Tax Administrator is under no duty to inform the participant/vendor that their application is incomplete;
(t) The Tax Administrator will notify the applicant/sponsor no less than seven days prior to the start date of the special event of the list of participants/vendors that are qualify for vendor’s licenses for the special event;
(u) The applicant/sponsors agree to apply for and comply with any and all federal, state, county and city laws and regulations. If the participant(s), including vendors, fail to comply with all applicable permits, licenses, taxes, laws and regulations, the applicant/sponsor shall exclude the participant/vendor from the event and report the non-compliance to the city.
(7) Denial of permit. Without regard to any other provision of this subchapter, the City Manager, only from his/her consideration of available, appropriate, and necessary information, shall deny the application for a permit provided for by this subchapter when, from this information, the application or other required paperwork submitted is incomplete, he/she has reason to believe that any contemplated advocacy at the proposed event will be directed to inciting or producing imminent lawless action and will likely incite or produce such action or be a health or safety risk to the city.
(8) Notice of rejection. The City Manager shall act upon the application for a special event permit in a timely manner after the filing thereof. If the City Manager disapproves the application, he or she shall notify the applicant in a timely manner stating the reason for his or her denial of the permit.
(9) Appeal procedure. Any applicant aggrieved shall have the right to appeal the denial of a special event permit to the City Commission. The notice of appeal shall be filed with the City Clerk within five business days of receiving the notice of denial. The appeal will not be considered if the appeal is not filed in a timely manner. The City Commission will hear the appeal at the next regularly scheduled meeting or at a special called meeting if the next regularly scheduled City Commission meeting will not allow the aggrieved applicant to have the special event if the City Manager’s denial is over-turned.
(C) Contents, display and revocation of permit.
(1) Each special event permit shall state the following information:
(a) Name of sponsoring organization, including the full name and telephone number of the contact person on premises for the sponsor;
(b) Dates, times and location of the event;
(c) If applicable, the type of alcohol beverage permit; and
(d) Any other information that the City Manager finds necessary for the enforcement of this subchapter.
(2) The special event permit must be displayed at the main contact booth for the event and must be available for inspection at all times. If applicable, the alcohol beverage permit must be displayed at the main contact booth for the event and must be available for inspection at all times.
(3) Revocation of permit. The City Manager, or his/her designee, shall have the authority to immediately revoke a special event permit used under this subchapter, upon application of the standards for issuance as set forth in herein. The revocation of the special event permit will cause an immediate cease and desist regarding any activity of the applicant/sponsor upon city property. The revocation of the permit will not result in a refund of any monies paid to the city, including monies paid for vendor’s licenses, and does not relieve the applicant/sponsor of responsibility for payment of any monies owed to the city.
(D) Special event vendor license.
(1) License required. No person, organization or other entity, otherwise known as vendor, shall sell goods or services at a permitted special event unless they have a valid city occupational license or a special event vendor license (“vendor license”) as defined herein. The vendor license shall be valid for a year, with a vendor license year beginning May 1 and ending April 30. Every special event attended by the vendor within the license time period requires the vendor to pay a license fee per division (D)(5) of this section, Vendors License Fee, herein. At the expiration of the vendor license time period, a new application must be submitted for approval.
(2) Application required. The vendor license application shall be available from the sponsor of the special event and the vendor shall return the completed application and required fee to the sponsor no less that 15 business days, excluding weekends and holidays, from the start date of the event. Upon approval of the application, the City will issue a vendor license. If the application is denial, the fee will be returned to the sponsor to return to the vendor. If the license is granted, the fee is non-refundable, regardless if the vendor participates in the special event or not. The permit or occupational license issued by the city must be displayed on the front of the vendor stall or other location at all times.
(3) Notice of rejection and appeal. If the City Manager disapproves the application, he or she shall notify the applicant in a timely manner stating the reason for his or her denial of the vendor license. Any applicant aggrieved shall have the right to appeal the denial of a vendor license to the City Commission. The notice of appeal and written statement explaining the reason for the appeal, including any supporting documentation, shall be filed with the City Clerk within five business days of receiving the notice of denial. The appeal will not be considered if the appeal is not filed in a timely manner. The City Commission will issue an opinion within seven business days from receipt of the appeal letter. If the Commission overturns the City Manager’s denial, the vendor license will be issued.
(4) Revocation of permit. The City Manager, or his/her designee, shall have the authority to immediately revoke a vendor license upon application of the standards for issuance as set forth in herein. The revocation of the license will cause an immediate cease and desist regarding any activity of the vendor upon city property. The revocation of the license will not result in a refund of any monies paid to the city and does not relieve the vendor of responsibility for payment of any monies owed to the city.
(5) Vendor license fee.
(a) Single stand, stall or other designated location, ten feet by ten feet or less in size, for a one day special event; $15.
(b) Single stand, stall or other designated location, ten feet by ten feet or less in size, for a two day special event; $30.00.
(c) Single stand, stall or other designated location, ten feet by ten feet or less in size, for a three day special event; $45.
(d) Any additional day(s) for a single stand, stall or other designated location, ten feet by ten feet or less in size; $10 per day.
(e) Multiple stands, stalls or other designated locations greater than ten feet by ten feet, vendors will pay the multiple of the single location fee to operate the location.
(f) Amusement ride vendor, each amusement ride will require a fee of $10 per day. All other amusements provided aside from amusement rides will be charges the regular vendor license fee stated above.
(6) Exceptions to vendor license fee. Upon submitting valid proof with their vendor license application, the following festival vendors shall be excluded from paying the festival vendor’s license fee or pay a reduced fee:
(a) Local vendors residing in Perry, Knott, Leslie, Letcher or Breathitt County, Kentucky;
(b) A non-profit business or organization as defined by the Internal Revenue Service Code, with proof of the non-profit status submitted to the city at time of the application;
(c) Individuals or businesses that have a current and valid occupational license with the city;
(d) A charitable organization;
(e) Sheriffs, constables, or other public or court officers, or any other person or persons acting under the direction or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties;
(f) Regional individuals or organizations residing in the Eastern Kentucky Coal Fields and Mountain Regions, also known as Coal Area Counties or ARC counties, will pay a reduced festival vendors license fee of $10 per day of the special event;
(g) Persons or businesses that are for-profit but donate 25% or $100, whichever is greater, of their net profit, from the special event to a local non-profit business or charitable organization with offices in the local area counties as stated in division (D)(6)(a) of this section, are exempt from the vendor license fee. The donations may benefit numerous local non-profit businesses or charitable organization as long as the total contribution equal at least 25% or $100, whichever is greater, of the net profit from the special event. The vendor shall submit to the City Manager the financial documentation showing the net profit from the special event within seven business days after the event ended. The City Manager shall have the right to review the financial documentation from the vendor and request additional financial documentation to determine if the contribution was calculated and paid correctly. The non-profit business or charitable organization must submit, in writing, that they received the donation from the vendor within 14 days after the event ended. If the vendor fails to comply with the provisions herein, the city shall charge the vendor the applicable vendor license fee, administration costs, reasonable legal fees and a 10% penalty on the applicable vendor license fee plus 12% interest per annum until paid in full by the offending vendor. Until the balance, with interest, is paid, the vendor is banned from any special event and will not qualify permits or licenses.
(E) Public conduct during special events.
(1) No person shall unreasonably hamper, obstruct, impede, or interfere with any special event or with any person participating in, or property used in a special event.
(2) The Chief of Police, or his/her designee, shall have the authority, when reasonably necessary, to close off roads to restrict usage and parking thereon. The Chief of Police, or his/her designee, shall post signs to that effect.
(Ord. passed 6-20-16) Penalty, see § 114.99