100.07(A) Application Form. An
for a private use, seasonal sales use, or special event (public and nonresidential
) permit shall apply to the for such permit by filing a written application, with the required documentation and fees.
100.07(A)(1) Filing Deadline. Applications shall be submitted to the no later than 30 days prior to the scheduled date of the event. For events occurring on
, the
shall be the property
. Notwithstanding the foregoing, the may, upon a showing of good cause, waive the 30-day requirement for time sensitive events, provided that:
100.07(A)(1)(a) The
waives his or her right to appeal or agrees that the scheduled event will need to be postponed due to the appeal process timeframes set forth in this Section; and
100.07(A)(1)(b) The
can properly prepare for the event with reduced notification.
100.07(A)(2) Required Information. The application for any of the above described permits may include but is not limited to the following information:
100.07(A)(2)(a) The names and addresses of all
who will in fact be promoting, holding, and/or operating the event;
100.07(A)(2)(b) The type of event;
100.07(A)(2)(c) Disclosure of extraordinary uses;
100.07(A)(2)(d) Disclosure of the intent to serve
;
100.07(A)(2)(e) The beneficiary of the event, if a charitable event;
100.07(A)(2)(f) The exact date(s) and times the event will be held and the times when any music or other outdoor activity, exhibition or special event, show, or performance will occur;
100.07(A)(2)(g) The estimated number of performers and participants in the event and the estimated number of spectators who will witness the event;
100.07(A)(2)(h) The exact location where the event will be held, including the necessity of
closures and parking requirements;
100.07(A)(2)(i) The number and type of sanitary facilities available for use by the performers, participants, and spectators;
100.07(A)(2)(j) The police and fire protection facilities and equipment available;
100.07(A)(2)(k) The plan for
management in the area where the event shall be held;
100.07(A)(2)(l) The plan for crowd management at the event;
100.07(A)(2)(m) A projected financial statement for the event consisting of a projected balance sheet, projected income statement, and a statement of changes in the financial position certified by a certified public accountant;
100.07(A)(2)(n) The
and waste facilities and waste disposal facilities, including mandatory
, for participants and spectators upon the
where the event will be held and the plan for waste disposal;
100.07(A)(2)(o) Comments from the
’s Police, Fire and
Departments concerning public safety,
and parking;
100.07(A)(2)(p) A hold harmless agreement on an approved
form;
100.07(A)(2)(q) A certificate of insurance naming the
, its officers, agents, servants, and employees as additional insureds, with minimum general liability limits of $2,000,000.00 for general aggregate and products; $1,000,000.00 personal injury per occurrence; $50,000.00 fire damage; $1,000,000.00 single limit automobile liability; and $1,000,000.00 excess liability. Proof of insurance for all vendors, contractors, and subcontractors shall also be required in the above amounts. The certificate shall also provide that the insurer shall give the
reasonable notice of insurer’s intent to cancel the insurance coverage provided;
100.07(A)(2)(r) A plan for limited parking of recreational vehicles that shall be utilized for the event, if applicable, specifying the proposed location, number, size, duration and method of
disposal;
100.07(A)(2)(s) Description of any portable lighting system that shall be utilized for the event, if applicable.
100.07(A)(3) Application fee. No application for an event permit shall be considered unless the
shall have paid at the time for filing an application for permit the required non-refundable permit application fee, and cost recovery in an amount in accordance with the schedule of fees to be established by resolution. The collected permit fee shall be used to defray the costs of the investigations required.
100.07(A)(4) Security deposit. No permit shall be issued unless the
has paid, within the time prescribed by the , the security deposit in an amount in accordance with the schedule of fees set by resolution. The amount of the security deposit set forth in the schedule of fees shall be equal to the estimated cost of policing, cleaning up, and restoring the event site upon the conclusion of the use or activity. Promptly after the conclusion of a permit activity, the shall inspect the and equipment used by the permittee.
100.07(A)(4)(a) If it is determined that there has been no damage to
property or equipment beyond reasonable wear and tear, the security deposit shall be refunded in full within 30 days of the conclusion of the permitted event.
100.07(A)(4)(b) If it is determined by such inspection, that the permitted event proximately caused damage to
property in excess of normal wear and tear and that requires repairs in excess of routine maintenance, or determined that fines should be assessed against the permittee pursuant to this Section, the
shall retain the security deposit or any portion thereof, necessary to pay for the cost of repair or any fines assessed against the permittee. The
shall given written notice of the assessment of damages or fine and retention of the security deposit to the permittee by personal delivery or by United States mail, with proper postage prepaid to the name and address set forth in the application for permit. Any assessment of damages or fines in excess of the security deposit shall be paid to the
within 30 days after notice of such assessment of damages or fine is sent. If the permittee fails to pay the total amount due to the
within the time prescribed above, the permittee shall be assessed a late payment fee of the greater of $50.00 per day or 1% of the total amount of the bill per day for each additional day that the bill for such costs remain unpaid.
100.07(A)(5) User fees. No permit shall be issued unless the
has paid, within the time prescribed by the , a user fee and any other required fee in an amount in accordance with the schedule of fees set by resolution. No permit shall be issued unless all required fees are paid as specified in this Section.
100.07(A)(6) Special conditions. The may impose certain conditions relating to an event that shall be reflected on the permit. The conditions may include, but are not limited to, limitations on noise, lighting intensity and hours, violations of which shall constitute grounds for immediate revocation of the permit by the . In addition to compliance with the conditions, the permit holder shall be in compliance with all applicable Laws and codes. Failure to comply with all applicable Laws and codes shall also constitute grounds for immediate revocation of the permit by the .
100.07(A)(7) Contact information. The permit holder, or designated representative of the permit holder, shall be present at the event at all times (including set-up, take down and clean-up), and shall provide the with a contact cellular telephone number where the permit holder or designated representative of the permit holder may be contacted at all times during the event and within 24 hours thereafter. The permit holder or designated representative shall keep the permit on the site of the event at all times. Failure to keep the permit on the site of the event shall also constitute grounds for immediate revocation of the permit by the .
100.07(B) Permits not transferable. No permit may be transferred.
100.07(C) Processing of application.
100.07(C)(1) Order. Applications for permits shall be processed in order of receipt; and the
of a particular
, or other property or part thereof shall be allocated in order of receipt of fully executed applications accompanied by the required application fee.
100.07(C)(2) Approval or denial. The shall not consider an application for a permit unless all the required documentation and fees accompany the application. All terms and conditions for issuance of the permit must be completed at least 30 days prior to the event unless a longer time period is prescribed by the or if such time period is waived by the as described in this Section. The shall act upon the completed application for a permit within seven days after the receipt thereof, and must notify the
of the approval or denial of the application within that same time period. However, the may extend the period of review for an additional seven days by issuance of a written notice of extension. Written notice of denial or notice of extension shall be served on the
by personal delivery, or by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit.
100.07(C)(3) Contents of notice; grounds for denial. Notice of denial of an application for permit shall clearly set forth the grounds upon which the permit was denied. Where an application or permit has been denied because a fully executed prior application for the same time and place has been received, and a permit has been or will be granted to the prior
authorizing uses or activities that do not reasonably permit multiple occupancy of the particular area, the may propose an alternative place, if available for the same time, or an alternative time, if available for the same place. The may deny an application for permit on any of the following grounds:
100.07(C)(3)(a) The application for permit (including any required attachments and submissions) is not fully completed and executed;
100.07(C)(3)(b) The
has not tendered the required application fee with the application, or has not tendered the required user fee, indemnification agreement, insurance certificate, security deposit or waiver application within the times prescribed by the
;
100.07(C)(3)(c) The application for permit contains a material falsehood or misrepresentation;
100.07(C)(3)(d) The
is legally incompetent to contract or to sue and be sued;
100.07(C)(3)(e) The application or the
on whose behalf the application for permit was made has on prior occasions damaged
property and has not paid in full for such damage, or has other outstanding and unpaid debts to the
;
100.07(C)(3)(f) A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior
authorizing uses or activities that do not reasonably permit multiple occupancy of the particular
, or other
or part hereof;
100.07(C)(3)(g) The use or activity intended by the
would conflict with planned programs organized and conducted by the
;
100.07(C)(3)(h) The proposed use or activity is prohibited by or inconsistent with the
of the
or other
;
100.07(C)(3)(i) The use or activity intended by the
would present a threat to the health, safety or welfare of the
, other users of the
or other
,
employees or the public;
100.07(C)(3)(j) The
has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the
concerning the sale or offering for sale of any goods or services;
100.07(C(3)(k) The use or activity intended by the
is prohibited by
, or
ordinances or regulations; or
100.07(C)(3)(l) The
or the
on whose behalf the application for permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the
.
100.07(C)(4) Amendment or revision of applications. Any amendment or revision of an application or permit shall for purposes of determining the priority of the application for permit, relate back to the original filing thereof; but the time in which the shall grant or deny the application for permit and serve notice of such granting or denial shall be computed from the date of the amendment or revision.
100.07(D) Procedures for review; waivers.
100.07(D)(1) Review by
.
100.07(D)(1)(a) Appeal period. Any
who is denied a permit or denied a request for a waiver of user fee, security deposit, or certificate of insurance, or a permittee who has all or a portion of its security deposit retained because it was assessed damages or a fine pursuant to this ordinance may, within three days of the service of notice of such determination, file a written appeal from such determination with the . If the
fails to file a written appeal within such three-day period, then any rights to appeal shall be deemed waived;
100.07(D)(1)(b) Action by Commission. The shall have seven days from the date on which the appeal was received in which to serve upon the
a notice that the Commission has affirmed, modified or reversed the denial of a permit, or retention of security deposit. Such notice shall be deemed served upon the
or permittee when it is personally delivered or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the application for permit. If such notice is not served upon the
or permittee within seven days of the date upon which the appeal was filed, then the denial or retention of security deposit shall be deemed affirmed.
100.07(D)(2) Form of appeals. Any appeals filed pursuant to this Chapter shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of the application for permit, the written notice of the determination of the , and any other papers material to the determination.
100.07(D)(3) Waiver of requirements. Any requirements for a user fee, application fee, cost recovery fee, security deposits, or certificate of insurance shall be waived by the , if the activity is protected by the First Amendment of the United States Constitution and the requirement would be so financially burdensome that it would preclude the
from using property for the proposed activity. However, fees for use of equipment and special services shall not be waived pursuant to this subsection. Application for a waiver shall be made on a form prescribed by the and submitted simultaneously with the permit application. The application for a waiver must include an affidavit by the
and sufficient financial information about the
to enable the to determine whether the requirement(s) would be so financially burdensome that it would preclude the
from using property for proposed activity.
100.07(D)(3)(a) If it appears that the
does not have the ability to acquire sufficient funds to satisfy the user fee requirement prior to the proposed event, but that the
intends to raise sufficient funds at the event, the
shall require the
to pay such user fee out of the proceeds of the proposed event.
100.07(D)(3)(b) If no written denial is issued within 14 days of the date on which the application for such waiver is fully completed, executed and filed with the
, the waiver request shall be deemed denied. Denials of requests for such waivers shall be subject to the appeal procedures contained in this Section.
(Ord. 2010-17, passed 10-4-2010)