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)

2-12A-14: DENIAL OR REVOCATION OF PERMIT:

   A.   The City Manager or his designee may deny any application for a permit or revoke any permit if it is determined that the applicant therefor or holder thereof or any agent, employee, or associate of any such applicant or permittee has made any false or misleading statement in an application, has not fully complied with the requirements of this chapter, or has violated any of the provisions of this chapter or the provisions of any other applicable law, rule or regulation.

   B.   Any permit issued under this chapter may be summarily revoked to protect the safety of persons or property.

   C.   If a market event is in progress when a revocation occurs, the City Manager shall have the authority to disassemble such market event.

   D.   Any aggrieved applicant or permittee may appeal a decision or order of the City Manager or his designee to the City Council by filing a petition with the City Clerk within ten (10) days of the issuance of such decision or order. The petition shall be scheduled for a public hearing before the City Council which may affirm, modify or overrule such decision or order. Notice of the hearing shall be provided to a petitioner not less than five (5) days prior to the hearing. (Ord. B23-004, 3-28-2023)

2-12A-15: INTERFERING WITH MARKET EVENT PROHIBITED:

No person shall knowingly join or participate in any market event conducted under permit from the city in violation of any of any of the terms of the permit, nor knowingly join or participate in any permitted market event without the consent and over the objection of the permittee, nor in any manner interfere with the progress or orderly conduct of any such market event. (Ord. B23-004, 3-28-2023)

2-12A-16: ANIMALS PROHIBITED:

   A.   Except as otherwise provided herein, it shall be unlawful for any person to bring an animal into the area designated for a market event.

   B.   This section shall not apply to animals authorized by the permittee or to guide or service animals assisting a handicapped person as provided in Nevada Revised Statutes title 38, chapter 426. (Ord. B23-004, 3-28-2023)