(A) The Department may, after receipt of a completed application and any applicable fees due in connection therewith, issue a permit for the use of Department property where the provisions of this chapter or other provisions of this Code provide for the availability of a permit for the proposed use in question (including general use permits contemplated by § 94.05(S)), and where the provisions of Appendix A-1, attached to Ordinance 21-1693, have designated the particular Department property or relevant portion thereof as a location for which a permit may be issued for the proposed use in question. All persons desiring a general use permit for the use of Department property shall file an application therefor and submit the same to the Department, on forms as provided from time to time by the Department. Unless otherwise specifically provided by this chapter or elsewhere in this Code, all general use permit applications shall be submitted to the Department at least seven calendar days prior to the desired date of use of Department property. Where a license agreement is also required by any provision of this chapter for the use of the Department property in question, the issuance of the general use permit may be effectuated by the inclusion of appropriate reference thereto in any such license agreement.
(B) Upon receipt of a completed application and payment of any applicable fees due in connection therewith, and upon payment of any applicable general use permit fee, the Department shall issue the general use permit that is the subject of the application within a reasonable time after such receipt, and in any event prior to the proposed desired date of use of Department property unless:
(1) The desired date of use is in conflict with any previously approved or scheduled use of the same Department property or portion thereof, and the Department property in question cannot reasonably accommodate both the proposed use and the previously approved or scheduled use at the same time;
(2) The proposed use conflicts with or is in competition with programs or activities provided, sponsored or conducted by the Department;
(3) The proposed use would conflict, compete with or otherwise impair the operations of Department concessionaires or contractors operating on Department property under license or agreement with the village;
(4) The proposed use of the Department property or any portion thereof is prohibited by or inconsistent with the designed and intended use of the Department property in question, and with any site-specific rules posted at the particular Department property by the Director;
(5) The proposed use of the Department would effectively preclude all other use of the Department property in question by the general public or others during the period of the proposed use;
(6) The proposed use violates any federal or state law, any provision of this chapter, or any provision of the Village Code of Ordinances, including but not limited to provisions of this chapter or the Village Code that require another permit in addition to a general use permit, including but not limited to commercial photography permits under Chapter 97, and liquor license or permit required under Chapter 112 of this Code of Ordinances; and
(7) The nature of the proposed use of the Department property is such that it cannot reasonably be accommodated at the particular Department property in question under the circumstances, including but not limited to the risk of damage to Department property or facilities, the risk of damage to environmentally sensitive areas, the impairment of the ability of others to use those portions of the Department property in question that are not subject to or included with the proposed application during the period of the proposed use of the Department property, unreasonable conflict or inconsistency with the designed and intended purpose of the Department property in question, or unreasonable conflict or inconsistency with the operations and functions of the Department and its buildings, facilities, programs and activities.
(C) Notwithstanding any contrary provision of this section, the Department reserves the right to defer consideration of any application for a general use permit that involves or requires the issuance of any liquor license or other permit by the Local Liquor Control Commissioner unless and until the Local Liquor Control Commissioner shall have first issued the liquor license or other permit in question. Likewise, the Department reserves the right to defer consideration of any application for a general use permit involving commercial activities under § 94.05(R) unless and until the Department and the applicant shall have negotiated a mutually agreeable license agreement relating to the proposed use of the Department property for such commercial activity, or to condition its approval of any such application on the mutual execution of such a license agreement.
(D) Notwithstanding any contrary provision of this section, applications for general use permits required under this chapter only involving the exercise of First Amendment rights shall be submitted for review not less than three working days prior to the desired date of the proposed use of the Department property, and the Department shall act upon the same before the desired date and time of the proposed usage of the Department property. To facilitate the conduct of any activities for which such a general use permit is sought, the Department shall make available a designated area available to the permit applicant that provides the applicant with the ability to engage in its desired activities while at the same time avoiding or minimizing conflicts with other uses and users of Department property or facilities; likewise, such a designated area shall be similarly made available to groups or persons seeking to conduct activities involving only the exercise of First Amendment rights even though no permit is required for the particular activities in question under the provisions of this chapter. Use of any such designated area provided by the Department shall in all cases be at the sole and voluntary discretion of the applicant or the persons or entities seeking to use Department property or facilities for the exercise of First Amendment rights, and the usage or nonusage of such a designated area shall not be considered in connection with the review and approval of any general use permit application or other application hereunder. Applicable application or permit fees may be waived by the Department if the applicant demonstrates that the amount of the same is prohibitive to the applicant. Likewise, the Department may waive any applicable requirement for general liability insurance or modify the applicable limits of such insurance under this section if the applicant demonstrates that it is not financially able to acquire general liability insurance with the limits required by the Department hereunder. Similarly, security deposit amounts may be waived or reduced if the applicant demonstrates that the amount of the same is prohibitive to the applicant, and the applicant agrees in writing to perform any required cleaning, repair or restoration activities occasioned by its use of Department property, in a form reasonably acceptable to the village.
(E) If the application is approved, the Department may issue a written general use permit to the applicant. If the application is denied, the Department shall explain the reasons for denying the application. Denials of applications may be appealed pursuant to the provisions of § 42A.20 of the Village Code, provided, however, that Department decisions on denials applications involving the issuance of liquor licenses or other permits by the Local Liquor Control Commissioner and applications involving commercial activities under § 94.05(R) shall be final, where the denial of the application in question rests in whole or in part on the nonissuance of any license or permit by the Local Liquor Control Commissioner, or where the denial rests in whole or in part on the inability of the Department and the applicant to execute a mutually satisfactory license agreement for applications involving commercial activities under § 94.05(R).
(F) If an application is denied on the basis of a scheduling conflict or inappropriateness of the location, duration, or time of the activity, the Department will make a reasonable effort to arrange an alternative that is acceptable to all parties.
(G) Any general use permit granted by the Department may contain lawful conditions to the issuing of the general use permit and restrictions on the conduct of the permitted activity including without limitation: general liability insurance coverage; an agreement to fully indemnify and hold the Department harmless from any liability or costs resulting from the activity; a requirement that the persons involved in the activity obey or comply with all federal, state, local, and Department laws, rules, and regulations; time, duration, and location restrictions; security deposit; a written agreement by the applicant to fully restore any Department property soiled or damaged by the activity; and, any reasonable restriction necessary for the efficient and orderly contemporaneous administration of the activity together with other user activities for which a general use permit has been issued, general public use of Department property and regular Department uses, functions, programs, and activities. The Department reserves the right to amend each general use permit after issuance to add additional conditions or restrictions necessary to protect Department property, the operations and functions of the Department and its activities, and other lawful users of Department property.
(H) The Department retains the right to suspend or revoke a previously issued general use permit upon written notice to the holder thereof upon the occurrence of any violation of the terms and conditions thereof, or upon the occurrence of any violation of this chapter, Village Code, or other applicable law. A suspension or revocation may be appealed pursuant to the provisions of § 42A.20 of the Village Code of Ordinances.
(I) General use permits may be issued for a maximum length of seven consecutive calendar days, except for general use permits involving commercial activities under § 94.05(R), the duration of which shall be subject to the discretion of the Department. A general use permit may be extended for like periods of time upon a subsequent application, subject to the Department’s prior receipt of an application for a general use permit for the same location at the same time, where both proposed uses of the Department cannot be accommodated concurrently.
(J) Except as otherwise provided in this section, all general use permits applicants shall, upon approval of a general use permit application, provide the Department with proof of general liability insurance coverage with limits acceptable to the village and the Department, but in no event shall such limits be less than $1,000,000 combined single limit per occurrence for personal injury (including death) and property damage, and not less than $3,000,000 in the aggregate. The village and its officials, employees, agents and volunteers shall be named as additional insured under such coverage by written endorsement. All such insurance shall provide that it is primary and noncontributory to any insurance coverage of the village. No permit will be issued without proof of such insurance coverage notwithstanding the approval of the application except as otherwise specifically provided for in this section. Notwithstanding the foregoing, no insurance coverage shall be required under a general use permit where the permit application demonstrates that the permit is for a private, noncommercial social gathering, including but not necessarily limited to picnics, birthday parties, graduation parties and the like, unless the general use permit application in question indicates or demonstrates that the proposed activities to be conducted under the permit being applied for involve the use of third party compensated vendors, and in such a case, the proposed third party vendor shall be required to supply insurance coverage that complies with the requirements hereinabove stated.
(K) All general use permit applicants must execute an indemnification agreement in favor of the village, in such form as the village may from time to time require, which agreement shall provide that as a condition of the issuance of the general use permit requested by the applicant, the applicant shall indemnify, defend and hold the village harmless from any and all liabilities, costs, damages and claims arising from the applicant’s use of the Department property pursuant to such permit, or from the actions or failures to act of the applicant or of any participant, member, volunteer, agent, employee or associate of the applicant.
(L) The Department shall require security deposits in connection with each general use permit issued. The amount of the deposit shall be determined by the Department with reference to the nature of the proposed use of the Department property, the specific Department property to be used, and the reasonably anticipated potential cleaning, repair or restoration costs associated therewith. Deposits shall be refunded within a reasonable time after the use of the Department property in all cases where the Department is not required to clean, repair or otherwise restore the Department property after the permittee’s use thereof. In any case where the Department is required to clean, repair or otherwise restore Department property after a permittee’s use thereof, the permittee shall be responsible to the village for all costs incurred by the Department in connection therewith, and the deposit shall not be returned unless and until the village is fully reimbursed within 15 days after invoicing the permittee for all such costs. In the event that the village is not so fully reimbursed, the village may apply the amount of the deposit towards reimbursing the Department’s incurred costs, and may further take such other actions as necessary to collect any amount of such costs remaining unpaid after the application of such deposit.
(M) Notwithstanding the unavailability of a general use permit for a particular activity or Department property, the village, through the Department, shall retain the authority to approve the conduct of particular uses or activities at or on particular Department property, but only in accordance with the terms of a use agreement acceptable to the village and the Department.
(Ord. 21-1693, passed 4-7-21)