(Amended by Ord. No. 183,135, Eff. 7/8/14.)
(a) Street Closures, Special Events Permits, and One-Stop Special Events Permit Office. The Director of the Bureau of Street Services has the authority to temporarily close any local street, including collector streets, or major or secondary highway, or lane(s) thereof, after receiving a recommendation from the Department of Transportation, when such closing is necessary for the safety and protection of persons using that portion of the street or highway during the temporary closing. The Director of the Bureau of Street Services also shall have the authority, after receiving a recommendation from the Department of Transportation to authorize that a roadway remain open without any lane closures in instances where the Special Event, as defined in Section 41.20.1(a)(9) of this code, only requires curb side parking. No person shall conduct, manage or Sponsor any Special Event without a written permit that has been approved as required by this Section or any other applicable Section of this Code. No person shall participate in any Special Event with the knowledge that its Sponsor has not been issued the required permit. No person shall knowingly conduct, join or participate in any Special Event conducted under permit in violation of any of the terms of the permit, or knowingly join or participate in any permitted Special Event without the consent, and over the objection, of the permittee. No person shall in any manner interfere with the progress or orderly conduct of a permitted Special Event. The Sponsor of any event that involves the use of, or has a direct or indirect impact on, public property or facilities, or that can reasonably be foreseen to have such an impact on or to require a higher level of public safety services or other municipal services, including advance planning services, than that normally provided by the City, shall be responsible for obtaining all required permits and for payment of the costs, including all fees, charges and salary costs, for all such services, including lost parking meter revenues. The Board of Public Works shall establish a One-Stop Special Events Permit Office in the Bureau of Street Services for the issuance of all Special Event Permits, other than permits for Parades and Assemblies as defined in Section 103.111(b) of this Code, which are to be issued by the Los Angeles Police Department, and other than as provided for entertainment industry-related Special Events such as motion picture filming, television filming and photography in Section 41.20.1, Subsection (d). Except as expressly provided herein, the Bureau of Street Services, through the One-Stop Special Events Permit Office, shall be the permitting office for all Special Events, including Athletic Events. The Police Department shall remain the permitting entity for Parades and Assemblies, as defined in Section 103.111(b) of this Code. The provisions of this Section and of Section 41.20.1 shall not eliminate or affect the requirements for, or related to, permits, fees or charges for events on property controlled by the departments of Recreation and Parks, Library, Water and Power, Harbor and Airports, nor shall they negate any requirements to obtain permits, as applicable, from the City's regulatory departments (e.g., Fire Department, Police Department, Building and Safety Department), and to pay the applicable fees and charges. The Director of the Bureau of Street Services has the authority to revoke a Special Events Permit for any violation of the terms and conditions of the permit.
(b) Application for Permit. (Amended by Ord. No. 184,020, Eff. 1/27/16.) Applications for Special Events, including those requiring street closures of local streets, including collector streets, and of major and secondary highways, or lane(s) thereof, as well as those that only request reserved curb side Special Event parking when lane closures have been determined to be unnecessary, shall be filed with the One-Stop Special Events Permit Office in the Bureau of Street Services at least 45 days prior to the expected first day of the Special Event. The Sponsor shall pay a non-refundable administrative late fee of $312 for all applications submitted 21 days or less before a Special Event. The Bureau of Street Services shall establish notification procedures to immediately notify the respective Council office, as well as: all affected City departments and offices and affected non-City government agencies, if known; the Los Angeles Police Department; the appropriate Neighborhood Council, if any; and the Business Improvement District, if any, in which a proposed event is to be held, whenever a Special Event Permit application is submitted to the Bureau for processing. The respective Council office and all affected City departments and offices shall be provided a copy of the permit application for their review and comment. The Council office and all affected offices and departments shall be responsible for notifying the Bureau of Street Services in writing or electronically of any objection to, or condition required for, the issuance of the permit for the Special Event. Upon issuance of a Special Event Permit, each of those City departments and offices shall be provided a copy of the permit issued and shall be responsible for enforcement of the terms and conditions of the permit that are within the subject matter jurisdiction of that department or office. Special Event Permits shall be issued for the dates of the event and necessary days for setup and take-down. Special Event Permits issued for recurring Certified Farmers' Markets sponsored by a non-profit organization or a local government agency (state, county or district) may be issued for all events on the days specified for up to one year. Special Event Permits issued for Special Events that are recurring, may be issued for all events on the days specified for up to one year. In order to be eligible to obtain a permit for a recurring Special Event, as defined in Los Angeles Municipal Code Section 41.20.1(a)(9), the recurring Special Event must occur a minimum of 12 times during which the one year permit is valid. Applications for Special Event Permits may be filed directly at the One-Stop Special Events Permit Office or may be completed and submitted on-line through the City's web-based Special Events Permit Application. Any changes made by the applicant to the initial Special Event Permit Application or Site Plans for the event will require the Sponsor to make a payment of a $100, non-refundable, processing fee. Decisions to deny or to condition the issuance of a Special Event Permit which are contested by the Sponsor shall be reviewed as set forth in Section 41.20.1. No fees under this subsection will be required with respect to the filming of Television Pilots as set forth in Section 41.20.1.
If the Special Event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the permit shall file a communication, in writing, from the organization authorizing the applicant to apply for the permit on its behalf. The Bureau of Street Services shall take reasonable steps to verify that information.
(c) Permit Fees and Charges. Issuance of all Special Event Permits shall be subject to payment in advance or at the time the permit is issued of all applicable fees and charges, including salary costs, for required City services, equipment and materials. A "Parking Meter Usage Fee" will be charged when reserved curb side Special Event parking is requested at locations with parking meters. Except as expressly provided by ordinance, no subsidy or waiver of any fees or charges shall be provided by the City for City permits, equipment, materials or services for any Special Event. If the actual fees and charges for the event are less than the estimated amount paid by the permittee, the permittee shall be refunded the difference. If the actual fees and charges for the event are greater than the estimated amount paid by the permittee, the permittee shall be billed for and required to pay the difference within fifteen (15) calendar days of receipt of an invoice therefor.
(d) Conditions for Granting Permits.
1. The Board of Public Works shall approve the forms to be used by the Bureau of Street Services for Special Event Permit applications and Special Event Permits and shall adopt written procedures and requirements to be applied by the Bureau of Street Services for the granting of permits, including but not limited to the requirement of adequate barricades, lights and warning devices to be provided and maintained during a street closure, other traffic control measures, such as Special Event parking restriction signs, cleaning deposit, charges for sanitary units and barricades, insurance and other fees and charges. In addition to any other information determined to be required by the Board, the Special Event Permit application shall require, as applicable, the following information:
A. The date(s) and time(s) of the event;
B. The assembly area, or event area, as applicable;
C. The start time(s);
D. The minimum and maximum speed(s) for the event, if applicable;
E. The exact route of the event, if applicable;
F. The portions of streets to be traversed by the event, if applicable;
G. The disbanding area and disbanding time, or ending time, as applicable;
H. The number of persons required to officiate or monitor the event;
I. The number and types of vehicles, if any;
J. The material and maximum size and dimensions of all signs, banners, placards, or carrying device(s) therefore;
K. The number, type, dimensions and locations of booths, stages, structures of any kind, and equipment to be used for the event, if applicable; and
L. The type(s) and capacity of sound amplification equipment and systems to be used for the event, if applicable.
2. The following criteria shall be included among all the relevant criteria used in reviewing applications for Special Event Permits:
A. Location and surrounding area at which the event is to take place;
B. Dates, number of hours, time(s) of day, the number of days an event will be held and the impact on the public and the community;
C. Inclusion of information on the Special Events Permit Application as to whether the event provides a social, economic, cultural, or educational benefit to the community;
D. Consideration of traffic in the area where, and on the days and times when, the proposed event will be held, and the impact of the event on residential and business access in the area;
E. Anticipated impacts of the event on activity and noise levels in residential and business areas;
F. Availability of personnel and other resources needed from other applicable City Departments, including but not limited to: the Police, Building and Safety, Fire, Transportation, General Services, and Cultural Affairs departments and from the Bureaus of Street Services, Street Lighting and Sanitation;
G. Number of participants expected to attend the event;
H. The number and nature of other events occurring at approximately the same time, and in the same area of the proposed event;
I. Conditions existing within the surrounding area that when occurring in conjunction with the event or with a proposed street closure, may create a severe hardship or an unnecessary inconvenience to the community and the general public;
J. The history and experience of the applicant and organizer in conducting special events of the type proposed;
K. The results of petitions, required or otherwise, circulated in or received from residential and commercial areas impacted by the event;
L. Construction activities in the proposed area of the event;
M. Comments and other input from Neighborhood Councils and BIDs in the areas impacted by the event; and
N. The estimated number of parking spaces where parking will need to be prohibited during the event, or where reserved parking for the Special Event will need to be designated, and how many of those spaces have parking meters.
3. The Sponsor of a Special Event, including a Certified Farmers' Market, shall obtain a Business Tax Registration Certificate, as required by applicable law, and shall ensure that a City Business Tax Registration Certificate is obtained by every event participant, as required by applicable law.
4. Any unresolved issues regarding the issuance of a permit shall be resolved as set forth in Subsection (e) of this Section.
5. Upon the request of the Bureau of Street Services with respect to an application for a Special Event Permit, the Department of Transportation and each of the other affected City departments shall provide to the Bureau of Street Services a statement of the estimated fees and charges, including salary costs, for providing traffic control services (traffic control costs) or other services, as applicable, and a parking meter usage fee to cover the cost of lost parking meter revenue, for the event. For recurring Special Events, the Department of Transportation is authorized to determine whether temporary or permanent signs will be used. The Bureau of Street Services shall provide to the permittee a statement of the estimated fees and charges, including salary costs, for all City services, equipment and materials required for the event, including traffic control costs. Traffic control services consist of the preparation of the traffic management plan, as well as clearing the event route or area of unauthorized vehicles, posting any parking restrictions necessary for the event, diverting traffic around the event, and directing pedestrian and vehicular traffic along the route of the event. The traffic control costs shall be computed by determining the number of City personnel that will be required for traffic control beyond that which would otherwise be required at that time, multiplied by the number of hours for which those additional services are to be rendered at the rate of the City's full cost of providing personnel at the respective classifications on an hourly basis. The parking meter usage fee is equal to the total potential parking meter revenue for on-street parking meter spaces, on a block operated by parking meters that are taken out of operation to accommodate Special Event parking, calculated at the applicable hourly meter rate and during metered hours for which the Special Event regulations apply. At the conclusion of the event, the actual costs for traffic control and for other services, as applicable, for the event shall be determined by the Department of Transportation and each of the other affected City departments. If the actual costs for services for the event are less than the estimated costs paid, the permittee shall be refunded the difference. If the actual costs for traffic control for the event are greater than the estimated costs paid, the permittee shall be billed for and required to pay the additional costs within fifteen (15) calendar days of receipt of an invoice therefor. Unless otherwise required to insure public safety as determined by the Department of Transportation, the permittee for a block party Special Event shall be allowed to pick up, place and return traffic control devices required for the event from the Bureau of Street Services at the nearest convenient location. The permittee for a block party shall make a refundable deposit of an amount determined by the Bureau of Street Services to be reasonable to insure return, and payment for any damage to, all traffic control devices provided for the event. Those filming a Television Pilot shall not be required to pay the Department of Transportation for the costs of posting and removing street signs.
6. Following approval of a Special Event Permit, but ten (10) days prior to the start date for the event, the permittee shall provide a cleanup deposit in an amount established in a cleanup fee schedule adopted by the Board of Public Works. The cleanup deposit shall be returned to the permittee after the event if the area used for the event has been cleaned and restored to the same condition as existed prior to the event, as determined by a representative of the Bureau of Street Services. If the property used for the event has not been cleaned and restored to the condition that existed prior to the event, the permittee shall be billed for and required to pay the actual cost of the cleanup and restoration, and the cleanup deposit shall be applied toward the total amount of those costs. If there is a balance remaining in the cleanup deposit after the cleanup and restoration costs are paid, the balance shall be refunded to, or credited to the account of the permittee. If the permittee disputes the amount of the charges for cleanup and restoration, the applicant may appeal to the Board of Public Works within five (5) days after receipt of the bill. The decision of the Board on such appeals shall be final.
(e) Special Events Permit Application Evaluation. Each application for a Special Events Permit shall be reviewed and evaluated by the One-Stop Special Event Permit Office, which shall make a determination to grant the permit, to impose conditions on the permit that may be granted, or to modify or deny the permit in accordance with this Section and Section 41.20.1. Upon a determination that a Special Event Permit will be approved and general liability insurance requirements have been met, a permit shall be issued by the Bureau of Street Services within one (1) business day. Upon the issuance of a permit for a Special Event, the Bureau of Street Services shall cause the posting of the date(s), time and location of the Special Event on the internet accessible Citywide GIS map to avoid conflicting events at the same location. No insurance form or certificate other than those approved by the City Risk Manager shall be acceptable, and the evaluation of an application may be delayed until such documentation is submitted. General liability insurance is required and shall not be waived. If a determination is made to condition or to deny the permit and that determination is contested by the applicant, the One-Stop Special Event Permit Office shall consult, as necessary and appropriate, with the affected Council District office, representatives of the Department of Public Works, Bureaus of Street Services, Street Lighting, Engineering, and Sanitation, the Police and Fire Departments, and the Departments of Building and Safety, Transportation, General Services, and Recreation and Parks as well as the Mayor's Office, the Chief Legislative Analyst, and the City Administrative Officer, in an effort to resolve the matter. The One-Stop Special Event Permit Office shall conclude its consultation with those other departments and offices and make a determination regarding the application within ten (10) City business days. If after such consultation the matter is not resolved, the Director of the Bureau of Street Services, within two business days, shall report on the matter in writing to the Board of Public Works and recommend a course of action. Copies of the Director's report shall be provided to the applicant and to the respective Council office. The Board shall agendize the matter of the Special Event Permit Application at the earliest possible time, but not more than five (5) regular meetings following the referral by the Director, consistent with applicable notice requirements for public meetings. After considering the matter and all information that the Board of Public Works deems necessary at that meeting, or at some subsequent meeting as determined by the Board, the Board of Public Works shall take action to grant the permit, grant the permit with conditions, modify, or deny the permit. Any such action by the Board shall be subject to the provisions of Charter Section 245.
(f) Posting of Signs. Pursuant to Section 21103 of the Vehicle Code, the Board shall provide for the posting of signs at all entrances to the street or streets being temporarily closed, giving notice of the local traffic laws. Such signs shall be reviewed and approved by the Department of Transportation prior to posting.
(g) Indemnification Agreement. The Board is authorized and directed to require that each applicant for a street closure permit execute an agreement, in a form acceptable to the City Attorney, to indemnify and hold the City, its officers, agents and employees, harmless from any loss, cost, expense, injury, damage or liability of any kind caused by or resulting from the issuance of any permit for a street closure to that applicant.
(h) Required Insurance. The Board is authorized and directed to require that each applicant for a street closure permit maintain insurance and provide evidence of such insurance in a form acceptable to the City's Risk Manager, protecting and indemnifying the City, its officers, agents and employees as insureds against any loss, cost, expense, injury, damage or liability incurred by reason of any personal injury or property damage sustained by any person caused by or resulting from the issuance of the permit to that applicant.
(i) Insurance Program. The Board is authorized and directed to procure and maintain, when such is available, a blanket policy of insurance in an amount as said Board shall determine, protecting and indemnifying the applicant and the City, its officers, agents, and employees as insureds against a loss, cost, expense, injury, damage, or liability incurred by reason of any personal injury or property damage sustained by a person or resulting from the issuance of a permit under the section when said applicant desires such coverage. The premium shall be borne by the applicant (permittee) and shall not be waived.
(j) Electronic Benefit Transfer Card Acceptance at Certified Farmers' Markets. The Board is authorized and directed to require that each applicant for a Special Events Permit to hold a Certified Farmers' Market on City property or on City streets, provide proof of Electronic Benefit Transfer (EBT) Cards acceptance by providing a Food and Nutrition Service (FNS) Number issued by the United States Department of Agriculture. The institution of this provision shall begin with the next renewal period of each Certified Farmers' Market application. (Added by Ord. No. 184,719, Eff. 3/6/17.)