A. Commercial Use: No commercial use of City Plaza is allowed except as authorized in this title. (Ord. 06-4195, 1-17-2006)
B. Private Uses Authorized In Each Zone:
1. Zone 1:
a. Ambulatory vendor permits, arts and crafts vendor permits, sidewalk cafe permits, parade/public assembly permits.
b. Building extensions where, in the sole judgment of the city council, such extensions enhance the quality of City Plaza.
c. Landscaping with the permission of the city manager or designee.
d. Display window extensions with the permission of the city manager or designee.
e. Building front and/or basement extensions, provided the use of the extension is the same as the store activity with the permission of the city manager or designee.
2. Zone 2:
a. Permits issued under either this chapter or chapter 1 of this title.
b. Landscaping with the permission of the city manager or designee.
c. Newspaper racks.
d. Temporary placement of noncommercial objects and structures as authorized herein.
3. Zone 3:
a. Ambulatory vendor permits.
C. Modification Of Plaza Landscaping: City Plaza landscaping may be modified or removed to a limited extent if the net effect enhances the ambience of the City Plaza and if approved by the city manager or designee. In such cases, the person must agree to restore the City Plaza landscaping to its original condition and provide a bond or escrow account in an amount determined by the city manager or designee.
D. Days And Hours Of Operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Mobile vendors shall operate during the times prescribed in this chapter.
E. Authority Of City Manager: The city manager or designee may:
1. Require a reasonable amount of insurance coverage for any use in the City Plaza not inconsistent with other provisions of this title to minimize the risk of harm to persons and property when the activity or event being sponsored on City Plaza creates a higher than usual risk of city or public liability exposure due to the nature of the activity or event or due to the expected number of participants or spectators as determined by the city's risk manager.
2. Waive the insurance requirements for events or activities sponsored by the agencies of the state, the University Of Iowa or other governmental subdivisions, provided such entities enter into an agreement satisfactory to the city attorney to protect and hold harmless the city, its officers, agents and employees from and against all claims, lawsuits, damages, losses and expenses in any manner resulting from or arising out of the activity or event covered by the permit or to accept full responsibility for safe activity or event and to defend the city, its officers, agents and employees with regard thereto.
F. Newspaper Vending Units In Kiosks:
1. Newspapers may utilize the newspaper vending units in the kiosks.
2. Upon the filing of an application by a newspaper with the city manager or designee and upon payment of an annual administrative fee, payable April 1 of each year and set by city council resolution, the city shall make available one unit in a kiosk. Each newspaper may utilize only one unit unless the number of applications does not exceed the available kiosk units.
3. If the number of applications exceeds the available kiosk units, the city will handle the applications on a lottery basis, to be conducted by the city manager or designee prior to April 1 of each year. After completion of the lottery, if needed, the city manager or designee shall provide written notice of the lottery results to the requesting newspapers. The selected newspapers shall pay the annual administrative fee to the city manager or designee.
4. The newspaper which pays the administrative fee and is assigned a space may not affix a logo or sign to its assigned unit.
5. Nothing in this subsection shall be construed to limit or interfere with alternative methods of distribution available to newspapers throughout the city, as permitted by federal law.
G. Placement Of Noncommercial And Commercial Objects And Structures:
1. No person shall place any freestanding noncommercial object or structure in City Plaza without authorization issued by the city manager or designee.
2. To obtain authorization, the person shall inform the City Manager or designee of the proposed duration of the placement, the proposed location of the object or structure, and the physical dimensions of the object or structure.
3. Upon receipt of such information, the City Manager or designee shall promptly authorize the display in Zone 2 only for a maximum of thirty (30) days in any one year period, unless the City Manager or designee finds that said object or structure will impede the flow of pedestrian traffic at the proposed location. If the City Manager or designee finds that said object or structure will impede the flow of pedestrian traffic at the proposed location, then the City Manager or designee shall deny the authorization in writing.
4. Any party aggrieved by the City Manager's or designee's decision to grant or deny such authorization may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the Iowa Code. Upon such hearing, the City Council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the City Manager's or designee's decision. The City Council's decision is the final decision. (Ord. 04-4125, 5-4-2004)
5. No person shall place any freestanding commercial object or structure in City Plaza, unless issued a permit as follows: (Ord. 04-4125, 5-4-2004; amd. Ord. 17-4733, 11-21-2017)
a. The City Manager or designee may issue a permit to an association of downtown businesses for the placement of a structure on City Plaza for commercial purposes under the following conditions:
(1) The applicant must complete an application prepared by the City Manager's Office. (Ord. 17-4733, 11-21-2017)
(2) The duration of the permit cannot exceed forty five (45) days per calendar year except for calendar years 2018 and 2019. (Ord. 18-4748, 5-1-2018)
(3) Insurance coverage as required by the City's risk manager.
(4) Execution of an agreement to indemnify the City.
(5) The structure must be approved by the building official.
(6) No sale, transfer or assignment of the permit is allowed.
(7) Other conditions consistent with the purpose of this title.
b. The City Manager or designee shall either grant or deny the application within seven (7) working days of the application being filed. The City Manager or designee shall have the discretion to deny the application due to the amount of space requested and/or the conflicting demands for space during the time period requested. The process for appeals and revocation of the permit shall be the same as for a temporary use of sidewalk permit. (Ord. 17-4733, 11-21-2017)
H. Permit For Amplified Sound:
1. The City Manager or designee is authorized to issue a permit for "amplified sound", as defined in section 6-4-1 of this Code, on City Plaza subject to the following conditions:
a. Use is limited to twelve o'clock (12:00) noon to one o'clock (1:00) P.M. and five o'clock (5:00) P.M. to nine thirty o'clock (9:30) P.M. on Mondays through Fridays and ten o'clock (10:00) A.M. to nine thirty o'clock (9:30) P.M. on Saturdays and Sundays;
b. The location is limited to Black Hawk Minipark and the stage south of the fountain;
c. No sale, transfer, or assignment of the amplified sound permit is allowed without written consent of the City;
d. No sign or advertisement is allowed except for a sign identifying the permittee;
e. The City Manager or designee shall grant the permit if the applicant has fully completed the application. If the permit is denied, the City Manager or designee shall state the reasons therefor within three (3) working days of the application being filed.
2. The City Manager or designee may revoke the permit if:
a. It is determined that the permittee has misstated any material fact in the application;
b. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred; or
c. The permittee is operating in violation of the terms and conditions of the permit or local, State, or Federal law.
3. The process for appeals of a denial or revocation of the permit shall be the same as for a parade/public assembly permit.
I. Amplified Sound Compliance: No person shall use amplified sound in City Plaza except as authorized in this title. (Ord. 11-4435, 6-21-2011)