(a) Access to businesses and residences- The sponsor shall ensure reasonable access to businesses and residences within the affected area of the special event.
(b) Alcoholic beverages - Sponsors of events which propose the consumption of alcoholic beverages within the affected area of the event shall meet the following guidelines:
(1) City Council approval will be required, with waiver of the "Open Container" ordinance.
(2) An "F" liquor permit will be required from the State of Ohio, which will be the responsibility of the sponsor to obtain and submit a copy to the city prior to the event.
(3) The sponsor will present a plan to limit accessibility of alcoholic beverages to underage people and excessive drinkers.
(4) The sponsor shall specify and agree to limited hours of availability of alcoholic beverage.
(5) The sponsor will identify and contain a specific area in which consumption of alcoholic beverage may be consumed.
(6) The sponsor or alcoholic beverage vendor will obtain “liquor liability” insurance for the event, to the satisfaction of the Law Director.
(c) Anti-Discrimination Provisions - Use of the city streets and right-of-ways may not discriminate for or against a given class of people.
(d) Fire Prevention/Suppression - Applicants and sponsors will be required to meet the following guidelines:
(1) Any vendors who utilize cooking or other heating equipment shall have a fire extinguisher with a minimum rating of 2A10BC available at all times.
(2) A clear fire lane shall be maintained throughout the course of the affected area.
(3) Gasoline powered generators may be permitted, but gasoline storage on site shall be limited to five gallons which shall be stored in a UL approved container.
(4) Use of tents, canopies, etc. of greater than 900 square feet in size, or to be used above or in close proximity to open flames, cooking grills, or other flammable agents, shall be by permit issued by the fire department, and shall be consistent with the Ohio Fire Code.
(e) Food Vendors - Food vendors shall be licensed and inspected by the Kent City Health Department. A list of all food vendors and their proposed food items must be submitted at least fourteen days prior to the event, to be reviewed for licensing and health provisions.
(f) Health and Sanitation - The sponsor of events of greater than three hours duration shall meet the following guidelines:
(1) Temporary comfort facilities (Port-a-potties) shall be provided in a number sufficient for the anticipated crowd.
(2) The sponsor shall provide or make arrangements for hand washing and sanitary provisions for all food providers in proximity to the area where food is to be sold.
(3) The sponsor shall provide proper receptacles for the disposal of grease, fat, and other cooking residue, if applicable.
(g) First aid for events which last longer than three hours, the sponsor shall provide, or make arrangements to provide a first aid station to the satisfaction of the fire chief or his/her designee.
(h) Hours - The sponsor shall identify the intended hours of operation of the special event, as well as the necessary hours for set-up and clean-up. Weekend events shall be cleaned up in sufficient time to provide no impact on the next-following business day in the affected area.
(i) Insurance - Sponsors shall carry general liability and products/completed operations insurance with policy limits of at least one million dollars ($1,000,000) combined single limit coverage for each occurrence and in the aggregate. The insurance shall specify coverage for all activities of the sponsor, as well as the activities of their vendors and event providers, except where specific insurance certificates are provided by the event providers or vendors. The City of Kent shall be named as an Additional Insured on all policies of insurance. Proof of this insurance shall be provided to the City Manager's office, and approved by the Law Director, prior to the final issuance of the special event permit. Said certificates must be delivered to the City Manager thirty (30) days prior to the event shall require thirty (30) day cancellation notice. Additional insurance which may be required, and if applicable, shall also meet the above requirements. Examples of additional insurance shall include:
Mechanical rides--Liability insurance carried by the ride operator.
Liquor liability insurance--In situations in which alcoholic beverages are permitted.
Fireworks Displays---Liability insurance carried by the licensed fireworks display company.
If available, the insurance shall be issued by a State of Ohio admitted insurance carrier, and if not available, it must be approved by the City Manager. All proof of insurance required by this chapter shall be reviewed and approved by the Law Director prior to issuance of the special event permit.
(j) Mechanical Rides - Sponsors shall submit a plan for proposed location of mechanical rides at least fourteen days prior to the event. Location will be subject to approval of the city engineering department based on possible impact on city infrastructure. Mechanical ride operators shall provide only rides which have been inspected and approved by the State of Ohio, and may be subject to further inspection by city inspectors. State inspection certificates shall be available upon request. Mechanical ride operators shall provide for all necessary equipment to protect the city’s streets and facilities from damage, but any damage which may occur will be the responsibility of the sponsor to repair. Mechanical ride operators will be required to show proof of insurance which further indemnifies the city.
(k) Neighborhood Approval - For events of greater than three hours, which are not a continuation of events from previous years, the sponsor shall conduct a survey of the residents and businesses in the affected area. The survey shall be in the form of a petition requesting the issuance of a special event permit for a specific date and time and bearing the signatures of affected residents of seventy percent or more of the affected area and affirms by affidavit that each such signature is genuine and that of an affected resident to the best of applicant's knowledge. For events which are a continuation of events from previous years, the sponsor shall notify residents and businesses in the affected area.
(l) Noise Limitations - City standards for noise will apply to special events as they may affect surrounding residential neighborhoods as defined in Codified Ordinance Chapters 1127 to 1139.
(m) Pavement Protection - Vendors whose activities create residue which may effect the streets or sidewalks shall use sand and/or Stay-Dry to prevent damage. Failure to do so which results in damage, or failure to properly clean the area after use will result in costs assessed to the sponsor.
(n) Permits, Special - Special permits in addition to the general Special Event Permit may be required as indicated elsewhere in these requirements. Examples include; liquor permits, mechanical ride permits, fireworks permits, Fire Code permits. Others may be applied as may be indicated by the nature of the event. All required permits must be submitted at least fourteen days in advance of the special event.
(o) Security - Security requirements will be reviewed with the police department upon application for the special event permit, but not later than fourteen days prior to the event. A meeting may be held to determine the number of personnel required, the general duties, special responsibilities, and security during non-active hours if the event lasts more than one day. The final decision on necessary levels and types of security shall be based on a recommendation of the police chief. Costs may be assigned as defined in Section 316.03(f) of this chapter.
(p) Trash and Recycling - The sponsor will be required to make arrangements for necessary trash containers, recycling containers, and central dumping point for the removal of all solid waste generated by the event. The sponsor will also make arrangements for the removal of all food preparation residue and waste consistent with Health Department recommendations.
(q) Utility Services.
(1) Water can be made available from metered access via fire hydrant throughout the special event area. The sponsor will be responsible to arrange for such access, if desired, through the city’s Utility Billing Department. (Ord. 1999-22. Passed 2-3-99.)
(2) Electric service is available in the downtown area through a central access panel located in the alley between South Water St. and Franklin Ave., one-half block south of Main St. The sponsor will be responsible to provide electrical connection lines to this panel, following guidelines available from the Deputy Service Director/Superintendent of Engineering’s office.
(Ord. 2002-106. Passed 11-6-02.
(r) Gambling - Gambling is prohibited in the area of a special event permitted by the City. Lawful gambling, in the form of non-profit, charitable raffles, may be conducted. If in doubt, it is recommended that the sponsoring organization check with competent legal counsel on the legality of any proposed activity, and provide the city with such opinion at least fourteen days prior to the event.
(s) Vendor Access - Vendors within the permit area shall be regulated by the sponsor. Vendors not approved by the sponsor shall not be permitted in the permit area. This restriction shall not apply to vendors on private property.
(t) Waivers, Sporting Events -
(1) Every participant in a "Special Event" sporting event shall be required to sign a waiver of liability as to the City of Kent and the event sponsor(s) for any injuries they may receive as a result of participation in said sporting event. Minors who wish to participate shall have their waiver(s) signed by their parent or guardian.
(2) The form of the waiver(s) shall be approved by the Law Director at least 15 days before the date of the event. (Ord. 1999-22. Passed 2-3-99.)
(u) Permit holders shall be responsible for fulfilling ASCAP (American Society of Composers, Authors, and Publishers) requirements for any music played at a special event, including but not limited to reporting requirements. In addition, the permit holder shall be responsible for any costs charged to the city or the applicant by ASCAP for said event.
(Ord. 2002-128. Passed 12-11-02.)
(v) (1) Permit holders shall provide notice of a prohibition on animals at any special event by including the following warning language within all signs, notices or advertising for the event, and signs prominently posted at all entry points to the event area. Said warnings shall read “No pets/animals are permitted within the Special Event area in violation of Sections 505.20 of the Codified Ordinances of the City of Kent”.
(2) This section shall not apply to animals owned by a public law enforcement agency and being utilized for law enforcement purposes, or if the animal is a trained service/assistance dog working for its owner.
(3) This section does not apply to animals the special event sponsor has approved as a part of the special event as part of a ride, display or informational booth, and has specifically identified in the permit application process with the City of Kent pursuant to this Chapter.
(Ord. 2005-43. Passed 5-4-05.)