(A) A person engaging in or sponsoring a special event shall apply for a special event permit, after approval from the city and pay all fees as applicable. No fees shall be required under this chapter for the following:
(1) The Armed Forces of the United States of America, the military forces of the State of Texas, political municipalities in the State of Texas, and the Police and Fire Departments acting within the scope of their duties;
(2) Funeral procession proceeding by vehicle under the most reasonable route from a funeral home, place of worship, or residence to the place of service or place of interment;
(3) A peaceful demonstration at a fixed location which is not a park street, road or trail; or
(4) A park sidewalk procession which observes and complies with the traffic regulations and traffic control devices, using that portion of a sidewalk nearest the street, but at no time using more than one-half of the sidewalk.
(B) A person or organization desiring to hold a special event shall apply for a special event permit by filing it with the Parks Division, a written application upon a form provided for that purpose. Each application shall be accompanied by a non- refundable application fee in an amount determined from time to time by the City Council. An application for a permit for special events shall be made not less than 30 days prior to the date and time of the commencement of the special event. The city may waive the 30-day filing requirements for school functions or charitable fundraisers; however, in no case may an application for a permit be filed less than 15 days before the special event, unless approved by the City Administrator. The special event application must include:
(1) The name, home address and telephone number, office address and telephone number, date of birth, recognized state-issued identification, number of the promoter, the promoter, and any other persons responsible for the conduct of the special event;
(2) A description of the special event and requested date, location, and hours of operation;
(3) Route to be used for a parade, if applicable, including starting and termination locations;
(4) Proposed number, size, type, and location of structures to be used during the special event, including, but not limited to tents, fences, barricades, signs, banners and portable restroom facilities;
(5) The estimated number of persons participating in or expected to attend the special event;
(6) Request if there would need to be security provided by the City of Tool Police Department (if no request for security, applicants should supply information if they have security);
(7) The time and location of street closings, if any are requested;
(8) Details of the offering, merchandising, or serving of concessions or alcoholic beverages at the special event, designating any street vendors or peddlers involved, and whether or not a vendor permit has been obtained;
(9) Proof that the promoter possesses or is able to obtain all licenses and permits required by this code or other city ordinance or by state law for the conduct of the special event;
(10) If applicable, proof of notification signed by a majority of all of the households or businesses of the area affected by a block party; and
(11) Proof of insurance, (special events insurance, in some cases) as deemed appropriate by the city. When deemed appropriate, a certificate of insurance shall be submitted to the city listing the City of Tool as an additional insured.
(C) The issuance of a permit shall be subject to the applicant receiving city approval of the plans submitted to the city pursuant to this section, not less than 30 days before the start of the special event. The city assumes no liability or responsibility for the conduct of the special event merely by approving the plans submitted with an application for a special event as required by this section. The applicant must submit adequate information relative to facilities, fire and police protection, concession service, parking, medical service or sanitation needs, as requested by the city's designee for permitting. City staff shall determine whether the application and plans meet city safety and other requirements. An applicant may be requested to modify an application to meet the requirements of this section. Should any of the submitted plans fail to give, and after notice, the applicant is unable to provide for, adequate assurances that the plans will be implemented and carried out, the permit application may be denied.
(D) Upon receipt of an application for a special event, the Director of Maintenance and Operations shall forward a copy of the application to the city departments that may be affected by the special event or asked to provide support for the special event and shall issue its approval or denial of the application within 21 days of receipt.
(E) A requirement to obtain licenses and permits required by other city ordinances or applicable law, restrictions, regulations, requirement to pay the cost for city services, safeguards, and other conditions determined necessary by the Director of Maintenance and Operations for safe and orderly conduct of a special event may be incorporated as a condition for issuance of a permit for a special event.
(F) The city may deny a special event permit if:
(1) A special event permit has been granted for another special event at the same place and time or within two hours of commencement or conclusion of a previously permitted special event;
(2) The proposed special event will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
(3) The promoter fails to comply with, or the proposed special event will violate, a city ordinance or other applicable law, unless the prohibited conduct or activity would be allowed under this chapter;
(4) The promoter makes a false statement of material fact on an application for a special event permit;
(5) The promoter has had a special event permit revoked within the preceding 12 months or the applicant has committed two or more violations of a condition or provision of a special event permit or of this chapter within the preceding 12 months;
(6) The promoter fails to provide proof that the promoter possesses or is able to obtain a license or permit required by city ordinance or other applicable law for the conduct of all activities included as part of the special event;
(7) The promoter fails to pay any outstanding costs owed to the city for a past special event permit;
(8) The promoter fails to submit the required deposit (if charged) and agree in writing to reimburse the city for the estimated costs to be incurred by the city for the special event;
(9) The proposed special event would unduly burden city services; or
(10) The special event begins or ends outside the city limits, unless the promoter supplies proof of approval of any other affected governmental entity.
(G) If the city denies the issuance of a permit or revokes a permit, it may choose to send to the applicant in writing or via email of the denial or revocation and of the right to appeal. The applicant must appeal the decision in writing or via email to the City Administrator, not later than three days after receipt of the notice of denial or revocation. The City Administrator will present the appeal to the City Council at its next regularly scheduled meeting. The City Council shall consider all the evidence in support of or against the action appealed and render a decision either sustaining or reversing the denial or revocation. The decision of the City Council shall be final.
(Ord. 2024-10, passed 10-17-2024)