A. No person shall, wholly or in part, participate in, promote, sponsor or organize a special event within the City without first obtaining a special event permit issued in accordance with this Code.
B. To obtain a special event permit, a completed application shall be submitted to the City Clerk, together with all required documentation and payment of the nonrefundable fee indicated on the City Clerk licensing fee schedule.
C. The City Clerk shall check the application for completeness and has the authority to deny the application for incompleteness. The City Council has the authority to approve a completed application for a special events permit. The City Council meets once per month. Therefore, to be considered at a City Council meeting, the completed application must be on file at least seven (7) business days prior to the date on which the regular monthly City Council meeting is scheduled.
D. Application Content: The required information for a completed application will be identified in the application form. The City Clerk is authorized to require additional information, including but not limited to a security plan, a traffic control plan and/or a trash plan as a part of any application. An applicant's failure to include any plan required by the City Clerk shall be grounds for denial of a special event permit application.
E. Required Insurance And Indemnification:
1. Every application for a special event permit shall include documentary proof that the applicant obtained a comprehensive general liability insurance policy with a minimum limit of five hundred thousand dollars ($500,000.00) per occurrence, and one million dollars ($1,000,000.00) total aggregate liability for bodily injury and property damage caused by the event activities, or such higher amount or additional insurance coverage as required by the City Council.
2. The required insurance policy shall:
a. Name the City as an additional insured;
b. Be the primary policy, not contributing with or in excess of any coverage the City may carry;
c. Be written by a company authorized to write insurance policies, of the type and in the amount required within the State;
d. The insurance shall cover the entire period of the special event, including set up and take down;
3. The insurance requirements of this section may be waived by the City Council upon submission of proof that:
a. The applicant is unable to procure insurance at a price that is reasonable as demonstrated by the filing of a minimum of two (2) price quotes for insurance and a written explanation why the applicant is unable to procure insurance at that price.
4. Every applicant shall indemnify the City for, and shall defend and hold the City harmless from, any liability, damage or loss occurring during the course of the special event, including set up and take down, caused by the negligent or intentional act or omission of any applicant or any officer, employee, agent, volunteer or contractor of the applicant.
5. Projected Attendance: Every application for a special event permit shall include a good faith estimate of the projected attendance for the special event. The estimate shall include a statement from the applicant describing known factors that may affect attendance, including:
a. Historical attendance at the same (or similar) events in the past;
b. The extent and type of advertising and promotion for the special event; and
c. Any other factor or circumstance that may affect attendance at the special event.
F. Additional Information: The City Clerk is authorized to request additional content neutral information, documentation or clarification from an applicant when applications are incomplete or lack sufficient detail for the City Council to consider whether a special event permit should be issued for the event. Failure by the applicant to timely fulfill such request to the satisfaction of the City Clerk shall be grounds for denial of a special event permit.
G. Approval:
1. City Clerk Review for Completeness: Upon submission of an event permit application, the City Clerk shall review the application for completeness and, if found to be complete, forward it to the City Council for consideration. Completed applications are those that are timely submitted with all required information, documentation and fees.
2. City Council Review: The completed application shall be considered by the City Council at the next scheduled City Council meeting after the City Clerk has determined that the application is complete, but only if it is considered complete at least seven (7) days prior to the date on which the next regular meeting is scheduled. The seven (7) day deadline is required so that there is sufficient and adequate time to make up the agenda, add the times to the agenda, meet the time period requirement to post the agenda according to the law and give the City Council members time to review the items on the agenda. It is highly recommended that the person seeking an event permit be present at the City Council meeting to provide information deemed necessary by the City Council for a decision on the application.
H. Protection of the health, safety and welfare of City residents and visitors to the City and impact on residential homes and businesses: The City Council may consider the following list of criteria when reviewing, deliberating and deciding whether to approve applications for special event permits, but the following is not intended to be and is not an exhaustive list since what is necessary to maintain the public health, safety and welfare of the residents of and visitors to the City and/or impact on existing residential homes or businesses within the City is not susceptible to a finite list of criteria and will vary depending on a wide range of circumstances. Granting a special event permit is discretionary and the City Council is vested with broad discretion to consider any and all factors and criteria which it believes are necessary to protect and maintain the public health, safety and welfare of the residents of and visitors to the City and/or reasonably lessen any adverse impact on residential homes or businesses within the City. The following is a partial list of criteria which may be considered along with the unique circumstances that are shown to exist at the time the City Council considers applications for special events:
1. Whether the time, place and manner of the event will protect and maintain the public health, safety and welfare of the residents of and visitors to the City and/or reasonably lessen any adverse impact on residential homes or businesses within the City;
2. Whether content neutral restrictions and conditions are acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons and protect the property rights of persons adjacent to the location of the special event;
3. Whether content neutral conditions and guidelines are acceptable to the applicant which the City Council feels are necessary for the control of traffic and safety of the traveling public;
4. Whether applicant is agreeable to allow the use of traffic cones or barricades arranged as required by the Mayor, the City Council, the Code Enforcement Officer and/or the Bannock County Sheriffs Department to ensure the safety of vehicular and/or pedestrian traffic;
5. Whether applicant has made arrangements for first aid and/or the presence of emergency medical care or treatment during the special event;
6. Whether restrictions and conditions are acceptable to the applicant which the City Council feels are necessary to limit the number of people based on the requirements of in the event area based upon the maximum capacity of a facility or any of the requirements in any of the codes adopted by the City in the Building Code Ordinance of the City Of Lava Hot Springs;
7. Whether restrictions and conditions regarding the number or type of vehicles, animals, structures or equipment are acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of persons adjacent to the location of the special event;
8. Whether the applicant has made necessary arrangements for the number, type and size of garbage and/or recycling containers which will be necessary to prevent accumulation of trash or debris which is expected to be produced by the special event;
9. Whether restrictions and conditions regarding noise control and light pollution are acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of persons near the location of the special event;
10. Whether a requirement that the applicant provide notice to residents and/or businesses is acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of residents and businesses near the location of the special event;
11. Whether a requirement that the applicant restrict the sale and/or consumption of alcoholic beverages is acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of residents and businesses near the location of the special event;
12. Whether the City Council is able to secure availability of sufficient City personnel or equipment for the special event which the City Council feels is necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of residents and businesses near the location of the special event;
13. Whether conditions and limitations which the City Council believes are necessary to limit fire or other safety concerns are acceptable to the applicant which the City Council feels are necessary to protect the health, safety and welfare of persons attending the special event and protect the property rights of residents and businesses near the location of the special event; and
14. Whether conditions and limitations which the City Council believes are necessary to limit damage or disruption to public property, including but not limited to landscaping, turf and painted surfaces are acceptable to the applicant which the City Council feels are necessary to protect public property.
I. Issuance Or Denial Of Permit:
1. Upon a determination by the City Clerk and the City Council that an application is complete and that in the judgment of the City Council the health, welfare and safety of residents of and visitors to the City is reasonably and adequately protected, and that the applicant paid the required nonrefundable fee listed on the City Clerk license fee schedule, a special event permit may be issued.
2. Upon a determination by the City Clerk or the City Council that an application is incomplete, or that in the judgment of the City Council the health, welfare and safety of residents of and visitors to the City cannot be reasonably and adequately protected, or for any other reason listed in subdivision H (1) above, or that the applicant has not paid the required nonrefundable fee listed on the City Clerk license fee schedule, a special event permit may be denied.
J. The following standard conditions shall apply to all special event permits issued by the City Council and need not be listed specifically and expressly in the permit:
1. The actual time, place and manner of the special event shall not vary from the time, place and manner approved by the City Council.
2. Unless other arrangements are agreed to in advance by the City Council, the facility and/or area in which the special event is held shall be returned to pre-event condition within twenty four (24) hours after the end of the event, unless the City Clerk establishes permit specific timelines. The tasks involved in returning the facility and/or area to pre-event condition shall include, but shall not be limited to:
a. Removal and appropriate disposal of trash and recyclables;
b. Removal of vehicles, structures, portable toilets and all other equipment used in connection with the special event; and
c. Removal of vehicular and pedestrian traffic control devices, cones, barricades and markings within and alongside all streets and sidewalks.
K. Any person or operator participating in, promoting, sponsoring or organizing a special event within the City without first obtaining a special event permit or conducts the special event in violation of the conditions required by this section and/or the special event permit shall be in violation of the Lava Hot Springs Business and Special Event Regulation Code. (Ord. 2020-3, 8-13-2020)