(A) No person shall engage in, participate in, aid, form or commence any event or festival in or upon any street, sidewalk or other public place in the town unless an event application is submitted to town staff and approved.
(B) No permit shall be issued unless the event or festival is conducted solely by a nonprofit organization with the proceeds from the event or festival being used for charitable, educational or religious purposes. No sale of arts, crafts, food or other tangible items shall be permitted within the street or sidewalk area during the event or festival except under the auspices and control of the organization receiving the permit. The organization shall be fully responsible for compliance with rules, regulations and ordinances of the town with respect to the event or festival being conducted pursuant to a permit issued thereunder.
(C) Application for a permit for an event or festival shall be filed with the Town Manager on forms provided by the town. An application for an event or festival permit shall be filed with the Town Manager not less than 60 days prior to the event or festival. The application for an event or festival shall set forth the following information:
(1) The name, address and telephone number of the organization applying for a permit;
(2) The names and addresses of its principal officers and management;
(3) The purpose for which any receipts derived from the event or festival are to be used;
(4) The name and address of the person(s) who will be in direct charge of the event or festival and will be present at the event;
(5) A description of the type of event or festival and the dates and hours of operation;
(6) A statement of the character and extent to the charitable, religious or educational work being done by the applicant organization within the town;
(7) The name(s) and portion(s) of the street or streets to be closed for the purpose of placing displays and conducting the event, the name and areas of any town park or other public place in which the event is to be conducted and a description of any other areas, whether privately- or publicly- owned, which the applicant proposed to include in the festival area;
(8) A copy of a security and traffic control plan prepared by the applicant and approved by the Chief of Police and Fire Chief;
(9) The event or festival shall secure liability insurance effective during the course of the festival or event. Limits of the policy shall be determined by the Town Attorney. The kind of insurance required shall include but not be limited to comprehensive general liability including: personal injury, blanket contracting and non-owned auto;
(10) Any additional information which the town staff shall find reasonable and necessary to a fair determination as to whether a permit should be issued.
(D) (1) The Town Manager shall issue a permit for an event or festival upon approval of the application. Approval of the application shall be based upon a finding that the application meets the requirements herein, that the event or festival will not unduly inconvenience or interfere with the orderly movement of traffic in the area involved, that property owners in the area are not unduly deprived of access to their property, that an individual exhibition booth will not unduly interfere with normal business activity within the area of the street occupied by the exhibition, that emergency vehicles will not be denied access to any person or property and that adequate clean-up arrangements have been made. In addition, if the event or exhibition is to be located in a park or other public place, the Board of Commissioners shall be satisfied that adequate provisions and accommodations can be made for conducting the event or festival.
(2) A permit to conduct an event or festival shall not be transferred from the applicant to any other individual. The sponsor shall maintain sole responsibility for all satellite events associated with the event or festival and shall be responsible for any damage done to town property during an event.
(E) The town staff shall review the application for an event or festival at the time the application is submitted. The application will be distributed to all department heads for comment. If the application is disapproved, the applicant will be notified by the Town Manager stating the reasons for the denial of the permit. A permit issued hereunder may be withdrawn in the event of any violation of conditions, misstatement of fact in the application or in instances where the health or safety of the citizens will be adversely affected, and the town shall be held harmless.
(F) Where the event or festival is to be conducted pursuant to a permit issued hereunder, the festival may not extend for more than seven successive days without an intervening period of at least one week.
(G) No vendor of goods or services may participate in the festival area of any event controlled by this chapter without the written permission of the permittee; provided, however, this division (G) shall not apply to the operation of a bona fide business permanently located within the festival area.
(H) Once a permit for an event or festival is issued by the Town Board, the Board may appoint one of its members or town employees to serve as a liaison to the sponsor. The sponsor, in turn, shall provide monthly progress reports to the Town Board for their review and shall coordinate plans with appropriate town departments.
(OC, § 6-2-43) (Am. Ord. passed 6-8-89; Am. Ord. passed 12-16-97; Am. Ord. 2015-O5, passed 10-20-15) Penalty, see § 10.99