(A) Public festivals. Upon issuance of a permit by the Town of Spencer, community organizations, arts groups, and other non-profit organizations may hold a public festival within public rights-of-way, or on town-owned property within the town limits as designated in a festival/special event permit.
(B) Special events. Upon issuance of a permit by the Town of Spencer, restaurants, food service establishments, businesses, wineries and any other for-profit organizations may hold a special event within public rights-of-way, or on town-owned property within the town limits as designated in a festival/special event permit.
(C) Festivals and special events held on private property but which are open to the public require a festival/special event permit.
(D) Applications may be approved by the Town of Spencer upon meeting the following requirements:
(1) A written application for a public street festival or special event permit, including street closures, must be submitted to the Town of Spencer at least 60 days prior to the event. A detailed site map indicating, at a minimum, the stage area, concessions, tables and seating area, parking areas and locations where the road may be blocked off shall also be required. A copy of the application and permit shall be submitted and retained by the office of the Town Clerk;
(2) A statement of the applicant’s intent whether to serve or to allow the consumption of beer and wine. If serving alcoholic beverages, a copy of the applicant’s ABC permit demonstrating that the applicant is properly licensed to allow the consumption of beer and wine within the plan-defined area, and a verified statement by the applicant that:
(a) Its ABC permit is in good standing; and
(b) The applicant has not been cited for any violation of its ABC permit for the premises within the previous three-year period. If the applicant has been cited, the applicant must provide a statement describing the circumstances for which it was cited and describing what, if any, penalty was imposed for the incident.
(3) The applicant’s plan must also indicate that the festival or special event area must be maintained, and all debris or refuse removed from the area, at regular intervals during the business day so as to maintain an orderly appearance and to prevent the attraction of vermin, insects, or other pests to the area. The plan must also indicate that the applicant must maintain an unobstructed path for pedestrian travel on the sidewalk at least five feet wide at all times and that the applicant agrees to remove all obstructions and additions to the festival area immediately upon completion of the festival in order to open the streets to public use as soon as possible;
(4) The applicant agrees that at no time would anyone be allowed to block access to a fire hydrant in the street festival area;
(5) The applicant, or an authorized officer or member if the applicant is not an individual, must sign an agreement to indemnify and hold the town harmless from any and all claims of property damage, personal injury or death arising from or related to the provision of outdoor table service at the establishment;
(6) Certificate of insurance indicating that the applicant has, or will have, in place for the duration of the permit period, liability insurance with a minimum limit of $1,000,000 for the premises and all activities conducted thereon; and
(7) Permit review. In the review of a festival or special event permit request, the Town of Spencer shall be guided by the following considerations:
(a) The number of permits issued and the area or areas for which such permits are issued in relation to crowd density, traffic control, the ability to protect persons and property, fire prevention and control, general safety and availability of town assets and resources to ensure the reasonable protection of the general public.
(b) In those instances in which the Town Manager, or designee, considers town resources to be insufficient to meet the above considerations, the Town Manager, or designee, may require the applicant for such permit to provide, at the applicant’s expense, adequate and qualified security personnel for the duration of the permit.
(c) The Town Manager, or designee, shall have the authority to designate the boundaries of any public festival or special event area. To accommodate such an event, the Town Manager, or designee, upon approval from the Spencer Board of Aldermen, is further authorized to temporarily close any public streets, sidewalks or other city-owned areas within the boundaries of any proposed public festival or special event. Where such streets, sidewalks, or other town-owned areas are temporarily closed, they shall be for the general use of the public.
(Ord. 13-05, passed 9-10-13; Am. Ord. 18-011, passed 6-12-18)