6-5-3-2: PERMIT REQUIRED:

It is unlawful for any person, corporation, partnership, association or other entity, public or private, to promote, advertise or hold a special event without first obtaining a special event permit. (Ord. 2022-23, 5-11-2022; amd. Ord. 2024-07, 3-13-2024)

6-5-3-3: APPLICATION REQUIREMENTS AND PROCEDURES:

   A.   Submission: A completed application on City forms shall be submitted to the City at least forty-five (45) calendar days before the event is scheduled to take place, in order to allow sufficient time to process the application and to allow timely appeal to the City Council in the event the application is denied. Applications for new events or recurring events with changes that submit the application less than forty-five (45) calendar days prior to the scheduled event shall not be accepted. Applications are not considered complete until all required information has been submitted to the City.

   B.   Advertising: No advertising of a special event shall be permitted until City approval of the special event is granted and a special event permit is issued.

   C.   Inspections: Authorized law enforcement officers, fire control officers, and other government personnel shall be permitted free access to the event to make inspections to ensure compliance with all City, State, and Federal Laws. All government personnel shall comply with the Fourth Amendment of the United States Constitution at all times during an inspection.

   D.   Security Plan: For large events, to be determined at time of application, the police department requires a security plan to be in place. The information will be required as part of the online application. (Ord. 2022-23, 5-11-2022; amd. Ord. 2024-07, 3-13-2024)

6-5-3-4: INSURANCE REQUIREMENT:

   A.   Users are required to provide a certificate of insurance with a minimum limit of one million dollars ($1,000,000.00) per person in any one occurrence and two million dollars ($2,000,000.00) aggregate. Limits for property damage are one million dollars ($1,000,000.00) in any one occurrence. Washington City must be named as an additional insured. A copy of this certificate of insurance must be submitted to Washington City.

      1.   The name and address of the insured.

      2.   City shall be named as an additional primary insured and noncontributory on the general liability certificate.

      3.   The location of the operations to which the insurance applies.

      4.   The number of the policy and the type or types of insurance in force thereunder on the date of the certificate.

      5.   The expiration date of the policy and the limit or limits of liability thereunder on the date of the certificate.

      6.   A statement that all coverage is on an occurrence basis rather than a claims basis.

      7.   Notice of cancellation of policy will be delivered in accordance with policy provisions.

      8.   Name, address, and telephone number of the insurance company's agent.

   B.   Workers' Compensation Insurance: Applicant shall procure and maintain workers' compensation insurance as required by Utah law.

   C.   Certificate Of Insurance: No special event permit shall be issued until the applicant has submitted their certificate of insurance to the City as required in this chapter. (Ord. 2022-23, 5-11-2022; amd. Ord. 2024-07, 3-13-2024)

6-5-3-5: FEES:

Application And Cost Recovery Fees: Along with the application for a special event permit, the applicant shall pay any applicable special event application fees and City cost recovery fees.

   A.   City Cost Recovery Fees: Extra City services will be provided for special events as determined by the City to be needed to protect the health, safety and welfare of the public and shall be paid by the applicant.

      1.   City costs include, but are not limited to, police, fire, park maintenance, power, water, road closures, and cleanup of City facilities before, during, or after the event, and other costs to the City directly attributable to the special event.

      2.   Before City approval is granted to hold the event, the applicant shall pay the deposit and estimated City fees as determined by the City based on the application, the applicant's past event history with the City, and experience with similar events.

   B.   Invoice: The City will charge for any services incurred by the City in restoring the site. If the amount exceeds the City cost recovery fees paid in advance, the applicant shall be charged the unpaid portion with the card on file. If the amount is less than the City cost recovery fees paid prior to issuance of the permit, then the remaining amount shall be returned to the applicant. (Ord. 2022-23, 5-11-2022; amd. Ord. 2024-07, 3-13-2024)

6-5-3-6: APPLICATION REVIEW, APPROVAL, AND ISSUANCE:

The City Manager, or a designee, shall review and either approve, approve with conditions, or deny the request for a special event permit. The City Manager may refer the request for a special event permit to the City Council for approval. (Ord. 2022-23, 5-11-2022)

6-5-3-7: GROUNDS FOR DENIAL:

   A.   Grounds For Denial: The special event application may be denied by the City if:

      1.   The proposed special event violates a law, ordinance, policy, procedure, or regulation or poses a danger or threat to the public health, safety or welfare, or causes unreasonable inconvenience or cost to the public;

      2.   The proposed special event is not consistent with the intended nature and use of the requested City property;

      3.   The proposed special event is scheduled at a place and time that could disrupt or interfere with an already approved special event;

      4.   The proposed location or building is not adequate to accommodate the proposed special event such as parking, sanitation facilities, and health or safety codes, or the nature of the proposed special event is such that the City, or the applicant does not have sufficient resources available to ensure the health, safety, and welfare of special event participants or the general public;

      5.   The permit application contains a material falsehood or misrepresentation;

      6.   The applicant has failed to pay a debt to the City including costs incurred during a prior special event;

      7.   Incomplete permit applications; and

      8.   The applicant or any person on whose behalf the application for a permit was made has on prior occasions:

         a.   Damaged City property, if the applicant is for an event on City property; or

         b.   Made material misrepresentations regarding the nature or scope of an event or activity previously permitted; or

         c.   Has violated the terms of prior permits issued to or on behalf of the applicant.

   B.   Notice: If a special event permit application is denied, the City shall notify the applicant in writing of the reason or reasons for the denial. (Ord. 2022-23, 5-11-2022)

6-5-3-8: APPEAL PROCEDURES:

Any applicant for a special event permit desiring to appeal an administrative decision concerning the denial or modification of a special event permit may petition the City Council if the decision was made by the City Manager. Any decision made by the City Council is final. All appeals shall be in writing, shall state the specific grounds for the appeal, and shall be delivered to the City Recorder within five (5) calendar days after the date the applicant received notice of the denial. An applicant may appeal the City Council’s decision by seeking judicial review with the district court, which review shall be limited to a review of the record. The district court shall presume the City Council’s decision is valid and shall review the record to determine whether or not the decision was arbitrary, capricious or illegal. (Ord. 2022-23, 5-11-2022)

6-5-3-9: VIOLATION:

Any person or entity who maintains or assists in maintaining a violation of this chapter shall be subject to penalty as provision in Section 1-4-1 of the Washington City Code. Violation of this chapter shall be an infraction. (Ord. 2022-23, 5-11-2022)