A. Permit Application. All applications for special event permits shall be delivered to the Chief of Police no less than fifteen (15) days prior to the proposed special event.
B. Form and Content of Application. The application shall be in writing and shall be accompanied by the application fee, the certificate of insurance and the indemnification and hold harmless agreement required by this chapter. The application shall provide the following information:
1. The name, address, day-time telephone number and, if applicable, the e-mail address of the person signing the application.
2. The name, address, day-time telephone number and, if applicable, the e-mail address, pager number and fax number of the authorized and responsible person or organization holding or sponsoring the event.
3. A description of the special event, including the street address of the event location, the date, time and duration of the event.
4. The approximate number of persons expected to participate in the event and the basis on which the estimate is made.
5. A description of the services, Village personnel, Village equipment and Village property which the applicant requests the Village to provide, including the applicant’ s estimate of the number and type needed, and the basis on which the estimate is made.
6. A detailed description of all public rights-of-way and private streets for which the applicant requests the Village to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis .
7. A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this chapter, or representing to the Village that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the special event
8. Such other and further information as the Village, acting through its Village Manager or Chief of Police, may deem reasonably necessary in order to determine the nature and extent of special services required for the special event.
C. Application Review Procedures.
1. All applications shall be processed on a first come first served basis.
2. The Chief of Police shall be responsible for promptly processing all applications, including conferring with department heads and applicants as necessary to implement the provisions of this chapter, and forwarding processed applications to the Village Manager with a recommendation to approve, approve with conditions or modifications, or deny the special event permit application.
3. The Chief of Police shall promptly distribute copies of the application for review by the head of each department from which special services are requested. Each such department shall review the application and evaluate the special services requested and shall report to the Chief of Police, with a recommendation that the requested special services be approved, approved with conditions or modifications, or denied; provided, that any recommended conditions, modifications or denial shall comply with the standards and procedures of this section and section 5.66.040 of this chapter.
4. Prior to denying a special event permit application or granting a special event permit subject to conditions or modifications, the Village Manager or his or her designee shall confer with the applicant and/or the responsible party to attempt to agree on terms under which the permit can be issued, which may include but shall not be limited to considering other dates or locations for the event, having the event’ s sponsors or organizers obtain certain services from private vendors, or having the Village provide other or additional special services.
D. Standards for Review and Issuance of Permits.
1. No special event permit application shall be denied for any grounds other than those set forth in this section. The basis of the recommended denial shall be stated in the denial.
2. No special event permit application shall be approved with conditions or modifications unless such conditions and modifications are consistent with the provisions of this section and the conditions or modifications, as well as the basis therefor, are stated in the permit.
E. Certificate of Insurance. No Village personnel, equipment, property or service shall be provided for a special event unless the applicant first provides the Village with a certificate of insurance, issued by a company acceptable to the Village and authorized to do business in the state of Illinois. The certificate of insurance shall be in an amount reasonably acceptable to the Village, as determined by the Village Manager, based on the nature and extent of Village resources requested for the special event. The certificate of insurance shall name the Village as an additional insured, using the following language or in a form that the Village determines contains substantially similar language: "The Village of Winnetka, its corporate authorities, officers, officials, boards, commissions, employees, attorneys, agents and representatives are made additional insured with respect to any and all claims which arise out of, or in any way related to, the operations of [describe special event] while present in the Village of Winnetka." The certificate of insurance shall be accompanied by a letter from the insurer stating that there are no outstanding claims against the policy.
F. Indemnification and Hold Harmless Agreement. The permit application shall be accompanied by an indemnification agreement in which the applicant and/or sponsor of the special event agrees to defend and hold the Village, its officers, employees and agents, harmless from any loss, damage, expense, claim and cost of every nature and kind whatsoever, including attorney's fees, arising out of or in connection with applicant's use of the public property, public right-of-way, public equipment or public personnel at, during or in conjunction with the special event described in the permit. The duty to indemnify and hold harmless under this section shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the Village, its officials, officers, employees, agents or representatives.
G. Reservation of Rights. To the extent permitted by law, the Village reserves the following rights:
1. To deny a permit if (i) the application contains incomplete or false information; (ii) the application is not fully completed and executed; (iii) the applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement or insurance certificate as required by this chapter; (iv) the applicant is not legally authorized or competent to bind the responsible party; (v) the responsible party is not legally competent to contract or to sue and be sued; or (vi) the applicant does not otherwise comply with the terms of this chapter;
2. To deny a permit if the special event is for an activity that is illegal under federal, State or Village law;
3. To order the cessation of the special event if the Village Manager determines that any of the terms and conditions of the permit have been violated;
4. To order the cessation of the special event if the Village Manager determines that the operation of the special event is creating a public nuisance or a hazardous condition, provided that the event shall be allowed to resume upon the abatement of the nuisance or hazardous condition;
5. To deny a permit if the applicant, responsible party or the person on whose behalf the application is submitted (i) has an outstanding balance due from a prior special event; (ii) has on prior occasions damaged Village property and has not paid in full for such damage; (iii) has other outstanding debts to the Village; (iv) has on prior occasions made material misrepresentations regarding the nature and extent of special services required for a special event in the Village; or (v) has violated the terms of a prior special event permit;
6. To deny a permit if (i) the event will substantially or unnecessarily interfere with traffic in the Village, will interfere with access to the fire station or fire hydrants, or will interfere with access to businesses or residences in the immediate vicinity of the event and (ii) there are not available at the time of the proposed event sufficient Village resources to mitigate the disruption;
7. To deny a permit if (i) the special services required for the event will substantially or unnecessarily interfere with police, fire, water, electric, public works or other services to the Village as a whole and (ii) there are not available at the time of the proposed event sufficient Village resources to mitigate the disruption.
8. To deny a permit if (i) the proposed date and time for the special event conflicts with a previously scheduled event and (ii) there are not available at the time of the proposed event sufficient Village resources to provide services for both events without substantially or unnecessarily interfering with police, fire, water, electric, public works or other services to the Village as a whole;
9. To impose requirements, conditions or restrictions for the conduct of the special event other than or in addition to those provided in this chapter if the Village, acting through its Village Council or Village Manager, determines that such other or additional requirements, conditions or restrictions, which shall be stated in the permit, are necessary to protect the public health, safety or welfare; and
10. To refer an application to the Village Council for consideration if the request is also subject to a provision of the Village Code that requires Council approval or if the Village Manager determines that such consideration is warranted by the nature of the request or the type or extent of Village resources required to accommodate the event.
H. Authority of Village Manager. The Village Manager is authorized to waive or modify the procedures, waive insurance and indemnification requirements and reduce or waive fees in any of the following instances:
1. If the Chief of Police determines that the event will require only a special detail of no more than three police officers;
2. If the Fire Chief determines that the event will require the presence of a single emergency vehicle without removing that vehicle from normal service; or
3. If the Village Manager determines that the event has such a minimal impact on the Village’s services, equipment or property that requiring an applicant to comply with all of the requirements of this chapter would impose an undue burden on the applicant and that the amount of the 10% administrative fee would be so low that it would not cover the Village’s cost of processing the application.
I. Appeal to Village Council. An applicant shall have the right to appeal the following decisions of the Village Manager to the Village Council:
1. the denial of a permit;
2. the revocation of a permit;
3. the amount of the user fee or supplemental user fee.
The applicant shall notify the Village Manager of the appeal within 7 (seven) days after the decision for which the appeal is sought, and the Village Manager shall set the appeal on the agenda of the next regularly scheduled Village Council meeting.
J. Compliance with Applicable Ordinances, Regulations, Conditions and Restrictions. All special event permits issued pursuant to this chapter shall be conditioned upon the applicant's compliance with all applicable ordinances of the Village and with any additional regulations, conditions or restrictions set forth in the permit. Issuance of a permit pursuant to this chapter shall be deemed to constitute compliance with Section 12.04.070 of this Code.
(MC-12-2007, Amended, 09/04/2007; MC-3-2007, Amended, 04/03/2007, Paragraph E; MC-3-2007, Amended, 04/03/2007, Paragraph C; MC-1-2006, Amended, 02/21/2006; MC-18-2003, Added, 01/07/2003; MC-04-2000, Added, 11/09/2000))