2-12A-3: APPLICATION:

   A.   Filing: Any person or organization wishing to conduct or sponsor a market event shall apply for a market event permit by filing an application and applicable fee with the business license official at least three (3) days prior to the date on which the event is to occur. A penalty fee of twenty-five dollars ($25.00) shall be applied to any application filed after the deadline, however, minor modifications may be made to the permit after submission but before approval with no additional fee. Liquor, beer, alcohol products are not to be sold or served in conjunction with a market event.

   B.   Contents: The organizer who proposes to conduct a market event, shall file with the business license official an application, on a form furnished by the business license official, setting forth a description of the event, to include the following information:

      1.   The dates and hours of the event;

      2.   Any admission costs to customers and attendees;

      3.   The nature of the event;

      4.   The anticipated number of customers, spectators, participants and other persons expected to attend the event for each day it is conducted;

      5.   The location and a map or diagram of the event including site plan, route map, proposed street closures and public right of way use;

      6.   The locations of market event vendors, other vendors, and temporary improvements including tents, booths and signs;

      7.   The vendors name, phone number, business name, type of product to be sold;

      8.   A plan showing accessibility, transportation and on site traffic and parking, including the proposed means of attendee ingress and egress. The plan must be in conformance with the requirements of the city;

      9.   A plan that indicates how security will be provided;

      10.   A plan indicating how medical needs will be addressed;

      11.   A plan regarding sanitation;

      12.   Proposed business activities;

      13.   Proposed entertainment and merchant activities, including a description of any recording equipment, sound amplification equipment or other attention getting devices;

      14.   The name, address, phone number, cellphone number and any other contact information for the market promoter;

      15.   The name, address, phone number and any other contact information for the person or organization to whom the permit is to be issued, if different from that of the market event organizer;

      16.   The number of vendors which will participate in the event;

      17.   The times at which any facilities or equipment for the event will be assembled and any location of such assembly;

      18.   The type and extent of the promotional advertising specifying the type of media, the geographical area covered by the advertising and other details of the information to be communicated to the public;

      19.   Insurance coverage proposed to be provided;

      20.   Any such other information as may be required by the business license official.

   C.   Vendors: The market event organizer shall be responsible for ensuring that vendors hold any necessary certificates, licensing and or health district permits whether for farm products or non-farm products as may be required. The City shall maintain copies of the market event permits for one year after the close of the last day of the market event.

      1.   The permittee is responsible for collecting and submitting any and all necessary sales tax to the Department of Taxation.

      2.   Mobile Food Vendors as defined per the Mesquite Municipal Code 2-5D-2: if the mobile food vendor wishes to only attend the market and not sell throughout the City outside the permitted market, the license requirement and the federal background check may be waived. If the vendor wishes to conduct business in the City outside of the market they are required to undergo the federal background check and obtain the City business license, as outlined in Mesquite Municipal Code 2-5D. (Ord. B23-004, 3-28-2023)

2-12A-4: ALCOHOLIC BEVERAGES DISALLOWED:

   A.   No liquor or alcoholic beverages will be permitted to be served, sold or given away at any market event.

   B.   The permittee promises to make a good faith and diligent effort to ensure that attendees of the market event do not drink nor possess any open containers of any alcoholic beverages inside the area designated for the market event. (Ord. B23-004, 3-28-2023)

2-12A-5: FEES:

The fee for the market permits will be ten dollars ($10.00) per vendor, no exclusions. Applications will not be processed unless fees, including applicable late fees, are paid in full at the time the application is submitted. Other fees may be applicable if required by City departments outside of Business Licensing. (Ord. B23-004, 3-28-2023)

2-12A-6: SAFETY PROTECTION; BARRICADES; COST OF POLICE PROTECTION:

   A.   Every permittee shall, at their own expense, provide barricades and warning devices where such protection is found necessary for the public safety by the public works department. The public works department shall determine the type and location of all barricades and warning devices.

   B.   Permittee shall be responsible for any and all additional police cost incurred as a consequence of a market event. The number and type of officers shall be determined and specified by the chief of the Mesquite police department or his designee to provide for the public safety and protection of public property in and around the area of the market event. The chief of police or his designee shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. If off duty personnel is determined to be necessary to police the event, the applicant shall have the duty to pay for such police protection. (Ord. B23-004, 3-28-2023)

2-12A-7: APPROVAL PROCESS:

Market event permit applications shall be submitted to the business license official or the designee. The business license official shall consult with appropriate city department heads to determine the possible effects or impacts the requested market event would have on the health, safety and welfare of the city. The city manager, or his designee, may approve, approve with conditions or deny an application based on information gathered during the approval process. (Ord. B23-004, 3-28-2023)

2-12A-8: COMPLIANCE WITH LAWS PRIOR TO THE ISSUANCE OF PERMIT:

Prior to the issuance of a permit under this chapter, all applicable ordinances, rules and regulations shall be complied with and all required permits and licenses shall be secured in connection with such market event, or the proposed activities associated therewith including, but not limited to, the sale of food, beverages or other merchandise, or the use of candles, torches, fires, pyrotechnics or other combustibles. (Ord. B23-004, 3-28-2023)

2-12A-9: CONDITIONS FOR ISSUANCE OF PERMIT:

Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize the dangers and,hazards to vehicular or pedestrian traffic and the public health, safety, tranquility, morals or welfare, including, but not limited to, changes in time, duration, number of participants, or level of sound. (Ord. B23-004, 3-28-2023)

2-12A-10: INDEMNIFICATION AND INSURANCE REQUIREMENT:

   A.   Indemnification: The applicant and any other persons, organizations, firms and corporations on whose behalf the application is made contracts and agrees that they will jointly and severally indemnify and hold the City of Mesquite and its agents or employees, harmless against liability for any and all claims for damages to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the conduct of the market event or its participants.

   B.   Insurance: No permit shall be issued, unless the applicant therefore shall obtain a comprehensive general liability insurance policy, issued by an insurance company authorized to do business in Nevada with Best's rating of A or better, with coverage for any claim, demand or action arising from said market event. Such policy shall name the City of Mesquite as an additional insured.

      1.   The policy limits of such insurance shall not be less than the following: general liability policy showing limits of one million dollars ($1,000,000.00) comprehensive general liability, and fifty thousand dollars ($50,000.00) damage to property. If the permittee is a self-insured governmental entity organized under the laws of Nevada, the City Manager may waive the insurance requirements in this section provided that the governmental entity, through its chief executive officer or his designee, provides a satisfactory declaration that it is self-insured. (Ord. B23-004, 3-28-2023)

2-12A-11: DURATION OF MARKET EVENT:

The event for which the applicant has received a market event permit shall be no more than three (3) continuous days in length, unless otherwise approved in accordance with this chapter. A market event shall not occur more than two (2) times per calendar month per applicant. (Ord. B23-004, 3-28-2023)

2-12A-12: PROPERTY OWNER APPROVAL:

If property where the event is to occur is owned by someone other than the applicant, the applicant is required to obtain written approval from the property owner or his duly authorized representative. Such written approval must be submitted with the market event application. (Ord. B23-004, 3-28-2023)

2-12A-13: CLEANUP OF EVENT SITE:

The holder of the market event permit shall be responsible for leaving the event site free of debris, litter, signage, temporary structures, or other evidence of the event upon completion of the event. (Ord. B23-004, 3-28-2023)