|
Proposed Special Events Ordinance |
||||||||||||||||||||||||||||||||||||||||||||||
|
Draft No. 5, posted December 17, 2004 |
|||||||||||||||||||||||||||||||||||||||||||||||
|
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
VERSION 5: WITH MANAGEMENT AND STAFF REVISIONS; CITY COUNCIL REVIEW, WORKSHOP: July 8, 2004; CHANGES INCLUDE NEW DIVISION 4, OUTDOOR VENDING, added July 29, 2004, and then deleted at Workshop, October 7, 2004; CITY COUNCIL REVIEW, WORKSHOP: September 9, 2004; CHANGES INCLUDE ADDITIONAL REVIEW OF FACILITY USE PERMITS PROCEDURE BY CULTURAL AND LEISURE SERVICES, September 17, 2004; CITY COUNCIL REVIEW, WORKSHOP: October 7 and October 21, 2004, with NEW DIVISION 4, PUBLIC PERFORMANCE, added November 8, 2004. The application attached is not part of the law. It is provided for your review so that you will know what is required of the applicants. STATE OF SOUTH CAROLINA COUNTY OF HORRY CITY OF MYRTLE BEACH ORDINANCE 2004-41: AN ORDINANCE TO ENACT ARTICLE VI, OF CHAPTER 19, SECTIONS 19-125 THROUGH 19-191, DIVISIONS 1, 2, 3 &4 AS THE SPECIAL EVENTS, PARADE, FACILITIES USE & PUBLIC PERFORMANCE ORDINANCE. DIVIS1ON 1 SPECIAL EVENTS Sec. 19-125. Purpose; Scope and Intent a. Recognizing that special events such festivals, parades and facility use permits enhance the quality of life for residents and visitors alike, it is the purpose of the City Council to establish a structured process for permitting the use of public facilities and the staging of outdoor special events conducted by the private sector to use city streets, facilities or services, or to conduct events that occupy, impact or consume public resources as a result of the congregation of people. This ordinance is intended to insure that the city and its residents and visitors will have adequate advance notice of a proposed festival and the cooperation of the organizers in order properly to plan the city services, such as security, sanitation and traffic control that are required for such an event. It is the intent of the city to promote and encourage events for the greater good and cultural diversity of the city, recognizing that tax-exempt non-profit organizations benefit the community, and are central to the quality of life. b. Given the close proximity of residential and commercial areas, the City Council must balance the quiet enjoyment of one’s residence in relationship to the commercial purposes that sustain and promote our tourist economy. By regulating the special events’ frequency, duration, intensity, time, place and manner, the City intends to supplement its land use regulations pertaining to same, and provide a predictable and coordinated process for applicants seeking the exercise of legislative discretion in regards to the grant or denial of a special event permit, and to protect the rights and interests of the holder of the permit and the residents of the City, and abate the cost of thereof, where the abatement shall be provided regardless of content, message or sponsor in accordance with the terms of this ordinance. The costs to be recouped include, but are not limited to: personnel, equipment and supplies, sanitation (litter, debris and human wastes), wastewater, utilities, park maintenance and restoration - including long-term degradation - and park monitoring. c. It is the intent of the Council to protect the rights of its citizens to engage in protected free speech expression activities and yet allow for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating commercial special events that have an impact upon public facilities and services. Nothing in this article shall be construed to prevent members of the public from assembling in the parks or streets for the purpose of making any speech or conveying any message to the public or to the government without holding a special event permit or facility use permit pursuant to this article. Should any such persons wish to assemble for such purpose and should they not be holding a permit under this article, they shall not be prevented from doing so, provided that they have complied with any other ordinance or law, if there be any, regulating such other event or gathering, and provided they are peaceable and not in violation of any laws concerning the public order. Persons not holding such a permit under this article, however, will not be entitled to the benefits provided by this article, including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of amplified devices, parked vehicles or of permanent structures, or to the assistance of city personnel in carrying out their event, or their exclusive or reserved use of the facility unless otherwise authorized by some other ordinance or law. Sec. 19-126. DefinitionsAs used in this Article: "Building" means any temporary or permanent structure as defined by the Zoning Code or any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind. It includes pushcarts or sidewalk cafes for which the sale of goods, food or beverages has been authorized. "Commercial Special Event" means any special event organized and conducted by any person that does not qualify as a tax-exempt non-profit organization. "Demonstration" means any formation, procession or assembly of persons which, for the purpose of expressive activity, is: a. to assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls; or b. to gather at a public park or other public area "Event Organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or non-commercial Special Event. "Expressive Activity" includes conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature, and picketing. “Facility Use Permit” means a permit issued under the authority of the Manager for temporary or slight reserved use or occupation of a pubic facility or an area of public land, for a defined period of time and said use does not impact city resources, due to the anticipated congregation of people in such numbers or in such location as identified. “Festival” means a thematic, organized, site-specific celebration, performance, exhibition or competition occurring upon public or private property, or a combination of private and public property, as a result of a private non-governmental event organizer, during which commerce may occur, for a defined period of time, advertised and promoted outside the City of Myrtle Beach, that will, in the determination of the City, have an impact on city resources, due to the anticipated congregation of people in such numbers or in such location as identified by the sponsor or promoter as the Venue. (see also “Legislative Festival”) "Goods" means wares, personal property, merchandise or any other similar item or object than is generally sold. "Gross Revenues" means the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, licensing, sponsorship, television, advertising and similar revenues, and concessions. “Legislative Festival” means any official proclamation, resolution or declaration of City Council, in legislative discretion, of a city-wide thematic celebration, recognition, event or time under such permitting conditions, terms and duration as deemed to be in the best interest of the public. “Noise Variance” means a grant from City Council to a petitioner to exceed the legal noise limit, pursuant to Section 14-62(h)(11), within a zoning classification for a specific period of time at a specific location, usually associated with an outdoor performance, not rising to the level of a Special Event as defined herein, in that no variance from the normal application of zoning laws is requested. "Non-Commercial Special Event" means any special event organized and conducted by a person or entity that qualifies as a tax-exempt non-profit organization. “Parade” means any march, race, presentation, ceremony, pageant or procession of any persons and conveyances of any sort moving upon any public street or sidewalk of the city, which does not comply with normal traffic regulations. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. "Signage" means any sign, pennant, flag, banner, inflatable display or other attention-seeking device. A “Special Event" is, without exception, advertised and promoted outside the City of Myrtle Beach and can include: a. any organized formation, parade, procession or assembly consisting of persons, and which may include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any Street which does not comply with normal or usual traffic regulations or controls; or, b. any organized assemblage, not meeting the criteria for a facilities use permit, of persons at any public beach or public park which is to gather for a common purpose under the direction and control of a person; or, c. any other organized activity conducted by a person or group for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of City public safety services in response thereto. d. Examples of Special Events include filming, concerts, parades, circuses, fairs, festivals, block parties, community events, mass participation, sporting competition such as, marathons and running events, bicycle races or tours, or spectator sports such as, football, basketball and baseball games, golf tournaments or hydroplane or boat races. "Special Event Permit" means a permit issued under this Division. "Special Event Venue" means that defined area identified on a submitted site plan approved by City Council for which a special event permit has been issued. "Street" means a public right of way, or way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular or pedestrian travel. Street includes highways, alleyways, sidewalks and any other public area that accommodates vehicular or pedestrian traffic. "Tax-exempt Non-profit Organization" means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event permit. "Vendor" means any person who sells or offers to sell, any goods, food, or beverages within a Special Event Venue, including the Event Organizer or any person who contracts with the event organizer for space with in the Special Event Venue in order to vend goods. Sec. 19-127. Special Event Permit Required; Facility Use Permits; Parade Permits; Noise Variance Required a. Except as provided in this division, no person or persons shall conduct, promote, manage, aid, or solicit attendance at a special event on public property or on private property, or on a combination of private and public property, any event of such magnitude as to impact public safety, traffic, or the health, safety and welfare of the residents or the invitees, unless that person shall have obtained a special event permit from the City Council, based upon a complete application detailing the particulars of the event. b. The City Manager, or his designee is authorized to grant facility use permits and parade permits, and to determine when a proposed facility use rises to the level of a special event permit, based upon an evaluation of public impact or consumption of public resources, location, anticipated attendance, and purpose. Insurance may be required for a facility use permit or parade permit, based upon the Risk Manager’s assessment of potential liability for the City. c. The City Council shall consider all Special Event Permits for events occurring within the city limits of the City pursuant to the procedures established in this Division. The Council shall determine the special event venue, set reasonable boundaries, balancing the special event requirements and public health, safety, and welfare. 1. No special event permit may be granted for land less than 2 acres. Persons may enter into agreements to assemble the required acreage. Public right of way may not be included in the required private property acreage. 2. No private property may host, in whole or in part, more than two special events in a calendar year. 3. No special event can exceed more than five (5) days, but two (2) special events can be consecutive, provided however that when the City Council proclaims or declares by Resolution a Legislative Festival, a business license owner may participate in the Festival under the terms and conditions set forth in the Resolution for the length of time so identified without such voluntary participation being counted as using the cumulative possible ten (10) days available for a Special Event on their property. In consideration of public safety, sanitation, transportation and parking, participants in the Legislative Festival shall submit a site plan for approval pursuant to 19-135. 4. City Council reserves the right to limit the proximity or number of concurrent or overlapping special events when the legislative determination is made that city resources are inadequate to meet the demands of the multiple special events, or that the events will result in a concentration of people, vehicles or activity inimical to the public health, safety and welfare. 5. No special event shall displace parking to neighboring businesses or residential areas. 6. Without a shuttle or other visitor transportation system shown in a parking plan, no more than 25% of any required parking area may be affected by the placement of buildings during a special event, unless the required parking is provided off site within 300 feet of the boundaries of the venue. d. The City shall coordinate the issuance of a special event permit with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved. The City Manager is authorized to establish administrative and operational policies to issue both the Special Event Permit and the Facility Use Permit. On an annual basis, or as requested, the Manger shall report a listing of Facility Use Permits, Parade Permits and Special Event Permits to Council. All permits involving the occupation of a public street, except for temporary use of a parade or facility use permit, shall be reviewed by Council. e. For events not rising to the level of a special event and not requiring a temporary variance from the application of zoning laws, City Council may grant a variance from application of the laws regarding noise for an event upon proper petition, specifying the time, place and manner of the variance sought, in accordance with Chapter 14, Section 14-62 (h) (ll). f. Outdoor vending events permits, not associated with any special event, facility use or parade permit or noise variance request may be granted under the restrictions of Division 4 of this Article. Sec. 19-128. Exceptions to Special Event Permit Requirementa. A special event permit is not required for any activity listed in Section 19-128. b. Although not required to get a special event permit, an event organizer of an activity exempted pursuant to Section 19-128(c) is required to comply with general regulations governing public safety or health. c. The following activities are exempt from the special event permit requirement. 1) Funeral services and processions; 2) Activities solely conducted or co-sponsored by the City of Myrtle Beach and/or the Chamber of Commerce in promotion of tourism or acting to advance the welfare of its citizens; 3) Lawful picketing on sidewalks; 4) Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that: a) no fee or donation is charged or required as a condition of participation in or attendance at such demonstration; and, b) the Manager is notified at least forty-eight (48) hours in advance of the commencement of the demonstration; and, 5) Facilities use permit; and 6) Parade only permits; and 7) Noise variances; and 8) Outdoor vending permits. Sec. 19-129. Issuance of a Special Event Permit Does Not Obligate City Servicesa. Issuance of a Special Event Permit does not obligate or require the Manager to provide City services, equipment or personnel in support of an event, unless directed by Council. b. Subject to approval of the Manager, city services, equipment or personnel for commercial special events may be provided, based upon consideration of either cost recovery. c. Cost recovery for non-commercial events may be waived only if the Council finds that a public purpose will be served. A public purpose is served if all four of the factors provided in Section 19-129(c)(1)---(4) are met: 1) The event is organized and conducted by a tax-exempt non-profit organization which operates from or provides services within the City or County of Horry; and, 2) The event provides an identified benefit to the general public; and, 3) The event includes participation by the general public (notwithstanding an admission or participation fee); and, 4) Provision of City services will result in improved crowd or event control and general public safety, and does not diminish or detract from the normal level of service for its citizens, based upon the evaluation and advice of the Manager. Sec. 19-130. Priority of Special Event Permit IssuanceExcept for events sponsored by the City, and wherever possible, priority shall be given for the issuance of a special event permit to local tax-exempt non-profit organizations operating in and providing services to the citizens of the City or the County of Horry. Except for events sponsored by the City, and whenever possible, priority shall be given for the issuance of a special event permit to larger acreage events over smaller acreage events. Priority shall be given for the issuance of special events that do not abut a residential area. Sec. 19-131. Use of City Seal or NameOnly City Council may authorize the issuance of a special event permit for any event whose title or theme will use the City seal or the words "The City of Myrtle Beach," "City of Myrtle Beach" or any similar combination or facsimile that would reasonably imply an official endorsement of the event by the City, provided that revenue sharing by the event Organizer is required as a condition of such approval. Without specific legislative action authorizing endorsement, the issuance of a permit shall not be considered an endorsement by the City of Myrtle Beach. It shall be unlawful to for any person to represent, hold out, promote or publish to another that the City name or City Seal is an endorsement of the event without specific legislative action authorizing such use. Sec. 19-132. Time for Filing Application for Special Event Permit or Facility Use Permit; Time Limit for Notifying City Manager of Demonstration a. Except for special events at the Myrtle Beach Convention Center, an application for a special event permit shall be filed with the City Manager not less than ninety (90) calendar days, nor more than two (2) years, before the time when it is proposed to conduct the special event. The application shall be reviewed by such City Departments as designated by the Manager. Departmental comments shall be provided to City Council. b. Applications for Facility Use Permits at City public facilities shall be submitted in accordance with the time limits and procedures established by the City Manager for such facilities. c. Any person organizing a demonstration shall notify the Manager not less than forty-eight (48) hours before the time when it is proposed to conduct the demonstration. Sec. 19-133. When Application for Special Event Permit is Deemed CompleteAn application for a Special Event Permit is deemed completed when the applicant has provided all of the information required in Section 19-135 including a site plan and any additional information required by the City Manager, and the application has been approved by any City departments designated by the City Manager. Only completed applications may be placed upon Council’s agenda for the body’s consideration. The Manager shall return any incomplete application to the applicant, and an incomplete application is hereby declared by Council as being incapable of being placed upon an agenda for consideration. Sec. 19-134. Date of Special Event Not Confirmed Until Permit IssuedNotwithstanding the City Manager's acceptance of a completed application, no date shall be considered confirmed until a Special Event Permit is issued at the direction of City Council by way of Resolution with the attached application, and any other document deemed necessary. Sec. 19-135. Content of Special Event Permit ApplicationThe application for a special event permit may include the following, when applicable to the nature of the Event: a. the name, address and telephone number of the applicant; and, b. a certification that the applicant will be financially responsible for any City fees or costs that may be imposed for the event; and, c. the name, address and telephone number of the event organizer, if any, and the chief officer of the event organizer, if any; and, d. if the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization: 1) authorizing the applicant to apply for the special event permit on its behalf; and, 2) certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the event; and, e. a copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt non-profit organization; and, f. a statement of the purpose of the special event; and, g. a statement of fees to be charged for the special event; and, h. the proposed signage, boundaries, location, map, dates, times, routes, alternative routes, staging areas, reviewing, parking, or disbanding stands or areas and, i. the approximate number of persons and kinds and number of animals, structures or vehicles that will constitute the special event, and the parking plan for the vehicle, j. plan for trash removal k. the number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; and, l. the number and location of portable sanitation facilities; and, m. other equipment or services necessary to conduct the event with due regard for participant and public health and safety; and, n. the number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using City streets, sidewalks, or facilities; and, o. provisions for first aid or emergency medical services, or both, based on event risk factors; and, p. insurance and surety bond information; and, q. any special or unusual requirements that may be imposed or created by virtue of the proposed Event activity; and, r. full information on the location, number and names of vendors, and the types of goods or services being intended to be marketed within the boundaries of the Special Event; s. any other information required by the City Manager. Sec. 19-136. Conditions Affecting the Issuance of a Special Event Permit
1) The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation. 2) The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route, including specifically the displacement of vehicular parking into adjacent or neighboring commercial areas not part of the Venue, or into adjacent or neighboring residential areas. 3) The event will not cause a conflict with construction or development in the public right-of-way or at a public facility. 4) The event will not block traffic lanes or close streets during peak commuter hours on weekdays or weekends, as determined by the Manager. 5) The event will not require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the City. 6) The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets. 7) The event will move from its assembly location to its disbanding location expeditiously and without stopping enroute. 8) The event will not substantially interfere with any other special event or demonstration for which a permit has already been granted or with the provision of City services in support of other scheduled events or unscheduled governmental functions such as visits of chiefs of state. 9) The event will not have unmitigatable adverse impact upon residential or business access and traffic circulation in the same general venue. 10) If the event is a marathon, it will not occur within thirty (30) calendar days of another marathon.
Sec. 19-137. Consideration of Approval and Reasons for Denial of a Special Event Permita. No permit shall be denied nor shall the applicant for a permit be given less favorable treatment as to time, manner, or place on account of any message or viewpoint that may be conveyed at a festival, or on account of the identity or associational relationships of the applicant. b. No applicant for, or recipient of, an special event permit shall be required to provide for, or pay for the cost of, public safety personnel necessary to provide for the protection of a festival and its attendees from hostile members of the public or counter-demonstrators, or for general law enforcement in the vicinity of the festival because of hostility or counter demonstrators. Notwithstanding the preceding, the holder of a permit shall be required to provide a plan for internal security, as that term is defined in this article, for the festival assembly area, and shall be required to provide and pay for off duty police officers and private security guards for such internal security purposes. c. The City Council may deny a special event permit to an applicant who has not: 1) provided a sufficient traffic plan or for sufficient traffic controls by persons appropriately trained, certified or appointed pursuant to state law which enables the control of traffic; or, 2) provided for an adequate parking plan that does not displace vehicle into neighboring or adjacent non-participating commercial or residential areas; or 3) provided sufficient monitors and a security plan for crowd control and safety; or, 4) provided sufficient safety, health or sanitation equipment, services or facilities that are reasonably necessary to ensure that the event will be conducted with due regard for public safety and sanitation; or, 5) provided sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; or, 6) provided sufficient signage information upon which approval can be granted; or 7) met all of the requirements for submitting an application for a special event permit. d. The City Council may also deny a special event permit when 1) due to the inadequate internal security or deficient security plan of the Event Organizer given the projected attendance, or the time, place or manner of conducting the event, the event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage; or, 2) the event will violate public health or safety laws; or, 3) the event fails to conform to the requirements of law or, 4) the applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this division; or, 5) the applicant has failed to conduct a previously authorized or exempted special event in any jurisdiction in accordance with law or the terms of a permit, or both; or, 6) the applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur; or, 7) the applicant has failed to provide an adequate first aid or emergency medical services plant based on event risk factors; 8) the applicant has failed to comply with any term of this Division, or with any condition of a special event permit previously issued to the applicant. Sec. 19-138. Denial of a Special Event Permit and Appeal to a Court of Competent JurisdictionTo the extent Council’s action is capable of appeal, any appeal permitted by law must be made to Court of competent jurisdiction, within thirty days of the Council’s decision, whether rendered and received orally or in writing. Sec. 19-139. Display of Special Event Permit or Facility Use Permit is required.A copy of the special event permit or facility use permit shall be displayed on location or in the special event venue in the method prescribed by the City Council or the City Manager applicable to the particular event and shall be exhibited upon demand of any city official. Sec. 19-140. Contents of Special Event PermitA special event permit shall always be accompanied by the site plan approved by council and shall contain the following information or conditions: a. the location of the special event venue, which may be identified by a map attached to the special event permit; b. the date, assembly area, time for assembly and starting time of the Special Event; c. the specific route plan to the special event; d. the minimum and maximum speeds of the special event; e. the number and types of persons, animals and vehicles, the number of bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise abatement; f. the portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any; g. the number and location of traffic controllers, monitors, other support personnel and equipment and barricades to be furnished by the special event organizer, h. the area and time for disbanding; i. conditions or restrictions on the use, sale or free distribution of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event, j. provisions for any required emergency medical services; and, k. such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this division, including the requirement for the on-site presence of the event organizer or its designated representative for all event coordination and management purposes. l. As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning-up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event. Sec. 19-141. City Council’s Action on Special Event Permit Applicationa. Except as provided in Section 19-141(b), the City Council shall take final action upon a completed application for a special event permit as soon as practicable, but no later than 60 days from the item being placed upon the agenda, provided however mutual consent may serve as a ground for continuance. b. The City Council is not required to take final action upon any special event permit application prior to one hundred-eighty (180) calendar days before the event. c. The City Council is not required to take final action on an incomplete or untimely Special Event Permit application. d. The City Council is not required to process more than one (1) application for a special event permit per applicant during any two-week period. e. The City Council is not required to take final action upon two (2) or more special event permit applications submitted by the same applicant unless two (2) or more weeks shall have elapsed between the respective dates of submission of each. f. Final action on a completed special event permit application shall consist of one (1) of the following: 1) issuance of a special event permit in accordance with the terms of application after public hearing and by way of resolution. 2) issuance of a special event permit in accordance with the terms of the application, as modified by mutual agreement between the City Council and the applicant, after public hearing and by way of resolution; or, 3) denial of the special event permit applications by the City Council, with the reason(s) for denial stated in the motion. Sec. 19-142. Insurance Required to Conduct Special Event; Hold Harmlessa. The event organizer of a special event must possess or obtain comprehensive general liability insurance from no less than a A-Rated company to protect the City against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name The City of Myrtle Beach, its officers, employees and agents and, as required, any other public entity involved in the event, as additional insured. Insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the City. When applicable, the City may require proof of workers compensation and auto liability insurance. b. Except as provided in Section 19-142(c), comprehensive general liability insurance coverage required by Section 19-142(a) shall be in a combined single limit of at least one million dollars ($1,000,000). c. If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards as determined by the Manager, the Manager may authorize a greater or lesser amount of coverage than required by Sections 19-142(a) and (b), or may require a particular type of insurance coverage different from that specified in Sections 19-142(a) and (b). d. The insurance required by Section 19-142(a) shall encompass all liability insurance requirements imposed for other permits required under other sections of this Code and is to be provided for the benefit of the City and not as a duty, express or implied, to provide insurance protection for spectators or participants. The Event Organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the Manager at least sixty (60) calendar days before the Event, unless the Manager for good cause modifies the filing requirements. e. No permit is valid until the applicant shall accept the classification and conditions imposed in accordance with the resolution of Council, as well as the applicant's agreement to hold harmless the City and its officers and employees from any damages to persons or property on claims that arise from the permitted event and by paying the applicable fees and providing adequate insurance. Sec. 19-143. Waiver of Insurance Requirementsa. Except for special events where the sale of alcoholic beverages is authorized or for traffic control issues, the insurance requirements of Section 19-142 may be waived by the Council. In making the determination of whether to waive insurance, the City Council shall consider the factors provided in Section 19-143(a)(1)-(6). 1) whether the special event is expressive activity protected by the First Amendment, 2) whether the applicant or an officer of the sponsoring organization of a non-athletic event has filed a verified statement that he or she believes the event's purpose if First Amendment expression; 3) whether the applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression; 4) whether the event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics; or, 5) whether a fee or donation is charged or required as a condition of admission or participation in the event. b. The statement required by Section 19-143(a)(3) shall include the name and address of one (1) insurance broker or other source for insurance coverage contacted to determine premium rates for coverage. c. To claim that it is objectively impossible to obtain insurance coverage pursuant to Section 19-143(a)(4), the applicant shall submit a statement from at least two (2) independent licensed insurance brokers demonstrating the insurance is unavailable in the market place. d. Even though insurance is waived, no permit may be issued without the organizer of a special event agreeing to defend, indemnify and hold harmless the City from any claim or liability arising from the event. Sec. 19-144. Revocation of Special Event Permita. Any special event permit issued pursuant to this Division is subject to revocation pursuant to this section. b. A special event permit may be revoked if the City Manager determines: 1) that the event cannot be conducted without violating the standards or conditions for special event permit issuance; or, 2) the event is being conducted in violation of any condition of the special event permit; or 3) the event poses a threat to health or safety; or 4) the event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this Code; or 5) the special event permit was issued in error or contrary to law; or 6) the facts or assertions in the application have been falsified or misrepresented. c. Except as provided in Section 19-144(d), notices of revocation shall be in writing and specifically set forth the reasons for the revocation. d. If there is an emergency requiring immediate revocation of a Special Event Permit, the City manager may notify the permit holder verbally of the revocation. e. An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of Facility Use Permit pursuant to Section 19-138. Sec. 19-145. Cost Recovery for Commercial Special Eventsa. For any commercial special event requiring expenditure of public resources, the Manager shall charge for the actual cost of: 1) the salaries of city personnel involved in permit processing, event traffic control, fire safety or other facility or event support; and 2) the use of City equipment and other non-personnel expense. b. The City shall require the payment of fees required pursuant to Section 19-145(a), or a reasonable estimate thereof, at the time the completed application is approved, unless the City Manager, with the concurrence of Council, for good cause extends time for payment. c. If the event organizer fails to comply with Section 19-140(l), the event organizer will be billed for actual city costs for clean up and repair of the area or route occasioned by the event. If the event organizer failed to comply with Section 19-140(l) under a previously issued special event permit, the event organizer shall deposit adequate surety in the form of cash or bond. Sec. 19-146. Commercial Special Events Pay a Flat Feea. In addition to cost recovery to be determined by the Manager in Section 19-129(b), an event organizer of a commercial special event must pay the City a flat fee as established by law for vending/display buildings based upon a square footage calculation. b. An event organizer of a commercial special event shall make payment for the flat fee prior to issuance of the permit. Sec. 19-147. Reserved Sec. 19-148. Reserved Sec. 19-149. Enforcement Authority; Penalties The City Manager is authorized to administer and enforce the provisions of this Division. The City Manager and his or her designated enforcement officials may exercise any enforcement powers as set forth in law. Violations of any section of the Code may result in the imposition of penalties upon conviction pursuant to Section 1-9. Sec. 19-150. Authorized Special Event Vendorsa. Subject to the requirements of applicable federal, state, county or city laws or regulations, the issuance of a special event permit confers upon the permit holder or event Organizer the right to control and regulate the sale of goods, food and beverages within the special event venue in accordance with the terms and conditions of the special event permit, if permitted by Council. b. Vendors authorized to sell goods, food, or beverages in the special event venue shall display their authorization in the manner required by applicable law. Only vendors displaying the required authorization shall be allowed to sell goods, food, or beverages in the special event venue. c. The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this Code, or other laws. d. The issuance of any other permit or license issued pursuant to this Code does not relieve any person from the obligation to obtain a special event permit pursuant to this Division. e. It is unlawful for any person to sell, resell, or offer to sell or resell, any goods, food or beverages within the Special Event Venue, except in the manner as set forth in the application approved by Council. Sec. 19-151. Strict Liability OffensesViolations of this division shall be treated as strict liability offenses regardless of intent. Sec. 19-152. Unlawful to Conduct or Promote Attendance at Special Event Without Permita. It is unlawful to conduct a special event without a special event permit as required pursuant to this division. b. It is unlawful for any person to conduct, promote or manage any special event for which a special event permit has not been issued. Sec. 19-153. Unlawful Selling of Tickets to Special Event within Special Event VenueIt is unlawful for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except: a. from any ticket office, booth, or other similar place established and maintained for the purpose of selling tickets; and, b. with the express authorization of the City Manager pursuant to a special event permit. Sec. 19-154. Unlawful to Display Signs in Special Event Venue Except as PermittedIt is unlawful for any person to place, post, paint, erect, display, secure, or maintain any sign or banner pertaining to the Special Event unless pre-approved by the Council, based upon the application and permitting process. The number of signs, sign face size, height, location and duration of display shall be addressed in the application. No sign shall obstruct a sight triangle or be placed within 10 feet of the boundary line of the property serving as the venue. Sec. 19-155. Unlawful to Interfere with a Permitted Facility Use, Special Event or DemonstrationIt shall be unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a demonstration or an event for which a special event permit has been issued. Sec. 19-156. Cost Recovery for Unlawful Special Event Whenever a commercial or non-commercial special event is conducted without a special event permit when one is required, or an event is conducted in violation of the terms of an issued special event permit, or an event exceeds the needs identified in the application, the event organizer shall be responsible for, and the City Manager shall charge the event organizer for, all City costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the event, or the violation of the special event permit, upon public safety. Sec. 19-157 through 97-159 Reserved
DIVISION 2 PARADES Sec. 19-160. Parade Permittinga. Authority; enforcement; generally 1. The Manager or a designee is authorized to issue parade permits and to close streets for approved parades. A person seeking issuance of a parade permit shall file application with the police chief on forms provided by the department of police. An application for a parade permit shall be filed with the police chief or the chief's designee not less than 30 days or more than 180 calendar days before the date of the proposed parade. No fee shall be required for a parade permit application. 2. The Manager or designee, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within five days after notice of the action of the police chief, file a written notice of acceptance with the Manager or designee. An alternate parade permit shall conform to the requirements of and shall have the effect of a parade permit under this article. The Manager or designee shall have the authority to revoke a parade permit issued under this division upon application of the standards of issuance as set forth in this division. 3. No person shall unreasonably hamper, obstruct or impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when these vehicles or persons are in motion and are conspicuously designated as a parade, unless directed by a law enforcement officer. A permittee under this article shall comply with all permit directions and conditions and with all applicable laws and sections of this Code and other ordinances. The parade chair or other person heading or leading such activity shall carry the parade permit personally during the conduct of the parade. The applicant shall pay reasonable fees as are determined to be necessary to cover the cost of public services and equipment provided by the city for the event. The applicant or sponsor shall be responsible for cleanup after an event. A bond may be required. A parade permit is not sponsorship by the City. b. Application The application for a parade permit shall set forth the following information: 1. the name, address and telephone number of the person seeking to conduct the parade; 2. If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of this organization; 3. The name, address and telephone number of the person who will be the parade chair and who will be responsible for its conduct; 4. The date when the parade is to be conducted; 5. The route to be traveled, the starting point and the termination point; 6. The approximate number of persons who and animals and vehicles which will constitute the parade, and the type of animals and description of the vehicles; 7. The hours when the parade will start and terminate; 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed; 9. The location by streets of any assembly areas for the parade; 10. The time at which units of the parade will begin to assemble at the assembly area; 11. The interval of space to be maintained between units of the parade; 12. If the parade is designed to be held by and on behalf of or for any person other than the applicant, a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on such person's behalf; 13. Any additional information that the Manager or designee shall find reasonably necessary to a fair determination as to whether a permit should issue. c. Insurance; Issuance; Conduct; Costs Insurance from no less than an A-Rated company naming the City as an additional insured may be required in the form acceptable to the Manager consisting of comprehensive general liability insurance coverage in a combined single limit of at least one million dollars ($1,000,000). 1. The Manager or designee shall issue a parade permit if no reason for denial exists, and after due consideration of the following factors in light of the application and from such other information as may otherwise be obtained. a) The conduct of the parade should not substantially interrupt the safe and orderly movement of other traffic contiguous to its route; b) The conduct of the parade should not require the diversion of so great a number of police officers to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city; c) The conduct of the parade should not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto; d) The concentration of persons, animals and vehicles at assembly points of the parade should not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to the assembly areas; e) The conduct of the parade should not interfere with the movement of firefighting equipment en route to a fire; f) The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance; g) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route within a period of four (4) hours; and h) The applicant for a permit has not violated the terms of any previous parade permit granted to the applicant and has not caused undue traffic congestion and police problems under any previous parade permit. d. Grounds of Denial; Notice of Denial; Appeal. The Manager or designee shall deny the application for a parade permit when 1. The person applying for the permit has failed to complete the application, or provide the required insurance protection; 2. The information contained in the application is found to be false in any material respect; 3. An application for another event to be held on the same date as that requested has been previously filed or approved, and the other event is so close in time and location to the event proposed as to cause undue traffic congestion or to place the City in a position of being unable to meet the needs for police, fire, ambulance and public work services for both events; 4. The time, route, or size of the event will substantially interrupt the safe and orderly movement of traffic contiguous to the site or route of the event, or disrupt the use of a street at its peak traffic time, or impede operation of emergency vehicles; 5. The concentration of persons, animals or vehicles at the site of the event or at the site of an assembly or disbanding area around the event will prevent proper police, fire or ambulance services reaching areas contiguous to the event; 6. The size of the event will require the diversion of so many City police officers that police protection to the rest of the City will be seriously jeopardized. However, the permit may not be denied because of the need to protect participants from the conduct of others if reasonable permit conditions can be imposed; 7. Given the size and nature of the event, the reasonably available number of City police officers and other personnel is not sufficient to ensure the safety of participants or the attending public; 8. The event consists of a parade that will not move from its point of origin to its point of termination in four (4) hours or less; 9. The location of the event will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way to be occupied by the event; 10. The event will occur at a time when a school is in session and along a route or at a location adjacent to the school or a class thereof, and the noise created by the activities of the event will substantially disrupt the educational activity of the school or class; 11. The application is not timely submitted and there is insufficient time to investigate and process the application. 12. The Manager or designee shall act upon the application for a parade permit within thirty (30) days after filing thereof. If the application is not approved, notice of denial shall be mailed to the applicant as soon as practicable, but no later than 40 days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be filed no later than fifty (50) calendar days after the date the application was filed. The appeal shall be heard at the next regularly scheduled meeting of City council. The decision of the City Council to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy. To the extent that Council’s action is capable of appeal, any further appeal permitted by law shall be to a Court of competent jurisdiction within thirty (30) days of the Council’s decision, whether rendered and received orally or in writing.
DIVISION 3 FACILITY USE Sec. 10-161. Facility Use Permits a. Authority A request for a reserved use of a public facility, or portion of a public facility for a group function not rising to the level of a special event shall be made to the Cultural and Leisure Department in charge of such facility and in the case of beach use to the Police Department on a form prescribed and in the manner prescribed by the Manager. The Fees for the use of facilities shall be established by City Council. The facility use permit accomplishes a reservation for a planned function. No person is required to make reservations for use, but no person can exercise event or territorial exclusion as to the general public without a facility use permit. Vendors are permitted. All uses are subject to applicable laws and administrative rules regarding park use. Not all facilities are subject to reservation, and all permits are at the discretion of the City in consideration of the impact on public property in terms of use frequency, intensity, duration, time and manner; and impact on the general public and neighboring properties on the issue of security, peace and quiet, vehicular movement and parking, and concentration of persons. Beachfront permits are of particular sensitivity. b. Insurance; Waiver A legal entity known as a sole proprietorship, any corporation form, limited liability company, lawfully formed association, or partnership shall provide insurance for its reserved use of the facility. Insurance is required in a form acceptable to the Manger from no less than a A-Rated company naming the City as an additional insured under comprehensive general liability insurance coverage be in a combined single limit of at least one million dollars ($1,000,000). If the use may constitute a potentially hazardous activity or condition, or if uninsured structures are to be erected, or when some one other than the parent or guardian is providing oversight or supervision of minors, then insurance shall be required regardless of the requesting entity’s status. No permit may be issued without the organizer of a special event agreeing to defend, indemnify and hold harmless the City from any claim or liability arising from the event. c. Application; Process In order to allow equal access and appropriate departmental review, an application for a facility use permit shall be filed not less than fifteen (15) calendar days, nor more than one (1) year before the time when it is proposed to use the facility. Applications submitted outside these times shall not be considered. d. Denial; Appeal A Facility Use Permit may be denied upon any of the following grounds: 1. The person applying for the permit has failed to complete the application; 2. The information contained in the application is found to be false in any material respect; 3. An application for another Facility Use to be held on the same date as that requested has been previously filed or approved; 4. The proposed Facility Use will interfere with a programmed governmental use of the facility; 5. The location of the proposed use will substantially interfere with construction or maintenance work previously scheduled to take place on or along the public right-of-way adjacent to the facility. 6. The application is not timely submitted and there is insufficient time to investigate and process the application. The Manager or designee shall act upon the application for a facility use permit within 30 days after filing thereof. If the application is not approved, notice of denial shall be mailed to the applicant as soon as practicable, but no later than 40 days after the date upon which the application was filed. Such notice will state the reasons for denial of the permit. Any person aggrieved shall have the right to appeal the denial of a facility use permit to the City Council. The appeal shall be filed no later than fifty (50) calendar days after the date upon which the application was filed. The appeal shall be heard at the next regularly scheduled meeting of City council. The decision of the City Council to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy. To the extent that Council’s action is capable of appeal, any further appeal permitted by law shall be to a court of competent jurisdiction within thirty (30) days of the Council’s decision, whether rendered and received orally or in writing. Sec. 19-162 through 169. Reserved
DIVISION 4 PUBLIC PERFORMANCE Sec. 19-170. Purposes The City Council finds that the existence in the City of street or public performers provides a public amenity that enhances the character of the City and seeks to encourage such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet in their homes, the safe and orderly movement of vehicular or pedestrian traffic, or to the ability of businesses to conduct their businesses without impediment or interruption. This section seeks to balance the interests of the performers with those of the residents and businesses of the City. A street or public performance occurring under this section is not the reserved use of a public facility requiring a Facility Use Permit, or the occurrence of a Special Event requiring a Special Event Permit, or the act of solicitation as defined in City Code. The City Council designates the City Manager or designee to be the agent of the City primarily charged with the responsibility of supervising the provisions of this section. Sec. 19-171. Definitions Specifically Pertaining to this Division 1. "Executive Order” means a written directive by the City Manager, or appropriate designee, that identifies with specificity an area to be excluded from performance, the exigent facts and circumstances relating to public health, safety, welfare or economy compelling exclusion, and the beginning and ending time of exclusion.
2. “Perform" includes, but is not limited to, the following activities suitable for listening, viewing or participation by an unaccompanied minor: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art (working with non-permanent, water-soluble media, i.e., chalk, pastels, or watercolors directly on the pavement), and reciting. Perform shall not include the manufacture, assemblage, production, display or offering of items for sale, or the solicitation for money in exchange for the performance. The performance is done for free with no expectation of donation.
3. "Performer" means a person who has obtained a permit pursuant to this section.
4. "Public areas" means public sidewalks, parks, playgrounds and other pedestrian areas, as limited by Council Resolution. Sec. 19-172. Permit Required 1. No person may perform in a public area without a permit issued pursuant to this section. A permit shall be issued by the Business License Inspector to each applicant therefor after the applicant has completed a business license application that has been accepted and a fee of fifty dollars.
2. A completed application for a permit, and the permit itself, shall contain the applicant's name, residence address and telephone number, and shall be signed by the applicant.
3. A permit shall be valid from the date on which it is issued through the end of that calendar year. All permits expire on December 31st of each year.
4. A permit shall be nontransferable, and shall contain the permit number of the applicant and the year in which the permit is valid. Each member of a group of performers who play together shall be required to obtain an individual permit.
5. Upon issuing a permit, the Business License Inspector shall also give the performer a copy of this section.
6. If a performer loses his or her permit, one replacement permit per year may be obtained for a fee of fifteen dollars.
7. A performer shall clearly display his or her permit while performing, and shall allow inspection of the permit by any law enforcement or code enforcement officer on request. Sec. 19-173. Time, Place and Manner Permitted Performances 1. Performances may take place in public areas, except within one hundred feet of an elementary and/or secondary school, library, or church while in session, a hospital at any time, and except in public areas excluded by the City Council by Resolution and the Manager pursuant to Executive Order pursuant to this section; on private property, with the written permission of the owner or other person in control of such property. 2. Performances may take place at the following times: Monday through Thursday, between 10:00 a.m. and 12:00 p.m.; Friday and Saturday between 10:00 a.m. and 1:00 a.m.; and Sunday, between 12 noon and 11:00 p.m. 3. In the public ocean side park at the intersection of Mr. Joe White and Ocean Boulevard, performances may take place at the following times: Monday through Thursday, between 7:00 a.m. and 12:00 p.m. midnight; Friday, between 7:00 a.m. and 1:00 a.m.; Saturday, between 8:00 a.m. and 1:00 a.m. and Sunday, between 12:00 noon and 10:00 p.m. 4. No performer or group of performers may perform in such a manner as to generate noise exceeding a median sound level of eighty decibels measured at a distance of twenty-five feet from the performer or group of performers. A performer or group of performers may use sound amplification as long as this sound level is not exceeded. Upon a complaint by a resident, a law enforcement or code enforcement officer shall, with the permission of the resident, measure the sound level inside the residential dwelling. If the sound level exceeds a median sound level of fifty decibels, and exceeds the background noise by at least ten Db(A), the performer or group of performers causing the excessive sound level shall either turn down the music or move to a distance from the residence so as to reduce the sound level within these limitations. Background noise for this purpose shall mean L 90. Drums shall be inaudible at a distance of one hundred fifty feet. 5. Inasmuch as the performer has no expectation of exclusivity or reservation of public space, a performer may not perform in such a manner as to create an undue interference with the passage of the public through a public area. If a performer attracts a crowd sufficient to obstruct the public way, a police officer may disperse the portion of the crowd that is creating the obstruction. The police officer shall not cause the performer to leave the location unless efforts to move the crowd fail to adequately protect the public safety or order. 6. No performer or group of performers may perform in any manner less than fifty feet from another performer or group of performers. 7. No performer may perform in any manner at any one location for more than two hours if another performer provides notice of intent to perform. No location may be monopolized to the exclusion of other permitted performers beyond the two-hour limit. No location may be reserved or considered as the performer’s space. 8. No performer may perform in any manner so as to interfere with the holder of a Parade Permit, Facility Use Permit or Special Event Permit. The performance permit is subordinate in all respects to rights of a holder of a business license, Parade, Facility Use or Special Event permit. If a performer interferes with a holder of a superior permit, a law or code enforcement officer may order the performer to cease and desist immediately. 9. In any manner of performance, a performer may not by word, conduct or signage solicit money before, during or after the performance as such a request would constitute an unlawful solicitation. Provided however, a performer may accept an unsolicited donation in a plain receptacle, such as an open musical instrument case, box or hat. The display of a receptacle shall not be considered solicitation. Performers may not offer for sale recordings of their own work, in the form of records, cassettes, videotapes or compact discs. On sidewalks, a performer may not position him or herself or any objects so as to obstruct handicap ramps, doorways, or windows (i.e., performers shall not tape or post signs or posters on windows or lean displays against windows so as to obstruct a clear view through the window), and the positioning of performer or objects of performance must not exceed more than 20% of the width of the sidewalk from the property line of the premises in front of which the display is installed. Notwithstanding the foregoing, a performer may set up a display on the public sidewalk in front of a doorway to a business if the business is not open, assuming said display meets all other requirements of this section. In public areas other than sidewalks, no such display shall exceed twenty-five square feet, and it shall be prohibited to place a carpet, rug, blanket, or other such covering over grass in a public place. Sec. 19-174. Exclusion of Certain Public Areas; Restrictions of Time 1. A specific public area may be excluded from performances in accordance with constitutional standards by decision of the City Council expressed in Resolution after a public hearing.
2. During permitted construction, the City Council authorized the City Manager to issue an Executive Order to temporarily exclude performances from said areas of reconstruction.
3. The City Council authorizes the City Manager to issue an Executive Order to temporarily exclude performances in the case of a public emergency, or when the public health, safety, welfare or economy require a temporary exclusion, under the exigent facts and circumstances. Sec. 19-175. Penalties for Violations; Suspension and Revocation 1. Any person who violates the provisions and requirements of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined or imprisoned as provided for in section 1-9. 2. The Manager or designee may suspend a permit for no more than sixty days if a performer is found to have knowingly provided false information in the application; or a performer has been adjudicated guilty of two violations pertaining to this chapter within one calendar year. 3. The Manager or designee may revoke a permit for the remainder of the calendar year if a performer has received three adjudications of violations during that calendar year. 4. On the date of suspension or revocation, the Manager shall provide written notice Within five days of suspending or revoking a permit, the Manager must hold a public hearing, after ten days written notice to the performer setting forth the facts constituting the basis for the proposed suspension or revocation. 5. A performer may not receive a new permit unless all taxes, fees, fines or assessments due and owing to the City have been paid. Sec. 19-176. Severability The provisions of this section are severable, and if any part of this section should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the section and the remainder of the section shall stay in full force and effect
CITY OF MYRTLE BEACH APPLICATION FOR SPECIAL EVENTS PERMIT (Must be submitted at least 90 days prior to the event.) (All matters must be addressed; reference attached materials.) (Incomplete applications are returned to sender and will not be CONSIDERED OR placed on City Council Agenda, pursuant of City Council Ordinance) Date Application Submitted: ________________________ 1. Event Information a. Name of Event: _____________________________ b. Type and Purpose of Event: (Describe all activities planned for the event. Attach additional sheets as needed)
c. How will you publicize the event? Are public funds being used? d. What is the general geographic target area of your advertisements? (Attach copy of publicity plan, flyer, etc.) 2. Event Organizers/Sponsors a. Name of applicant organization: Complete address: City, State, Zip Code: Telephone: Fax: b. Applicant Contact Person: Complete address (if different from above): City, State, Zip Code: Telephone: Fax: E-mail Address: c. Sponsors and nature and amount of sponsorship: 3. Event Date or Dates: Event hours (daily): Setup time (first item to arrive on site): Takedown time (last item to be removed): Rain date for the event (if any): 4. Indicate the type of event by striking through the inapplicable section STRIKE THROUGH THE SECTION THAT DOES NOT APPLY TO YOU. Commercial – Any part of the net earnings of the event inures to the benefit of any private shareholder, individual or for-profit corporation, as such term is defined by the Code. Non-Commercial – Any event organized and operated for charitable, religious, scientific, literary or educational purposes, or where no part of the net earnings of which inures to the benefit of any private shareholder, individual or for-profit corporation, as such is defined by the Code. Attach certified proof of non-profit status. 5. Event Location (Please list park name and address, if known) a. Park name b. Street address, or affected streets, c. Other descriptive information about location d. If required, has permission been granted for use of Event location by entity other than the City? Yes _______ No _______ e. If yes, please attach proof of authorization. 6. Attendance a. Number of persons expected to attend this event: ______ b. Describe parking areas and available transportation modes to and from the event. 7. Site Plan - Please attach a detailed site plan showing in clear detail the following information: a. Size and Layout of the Event area, including structure dimensions and location b. Identify the event production area in detail c. Specify the boundaries of the overall event assembly area d. Include the number and location of portable toilets to be provided, schedule of sanitizing (daily minimum requirement) and show the number of such toilets at each location, and provide how many toilets will be provided for persons with disabilities. e. Proposed signage and parking impact or plan 8. Street Closings - List any and all possible streets to be closed. Include day, date and time of closings and time to reopen: Streets to be closed Day/Date Closing Time Opening Time 9. Alcohol Will alcoholic beverages be made available to the public? Yes _____ No _____ If yes to availability, describe in detail the method of distribution i.e. sold, given away, part of admission etc. If yes to availability, provide the following detailed information: a. What type of alcohol will be made available? (1) Spirituous Liquor (2) Beer (3) Wine b. List the exact locations and times for alcohol availability: Location Time c. Have City and State permits been applied for and/or obtained? Yes No d. Do the alcohol vendors presently hold a license for on-premises consumption? Yes No Name of Licensee Address Telephone e. If alcohol will be sold or given away and the vendor is not a license holder for on site consumption, list the person(s) who will apply for the alcoholic beverage license. Name Address Telephone f. The applicant agrees that all alcohol sales at the event will cease no later than one hour before the scheduled end of each day of the festival. Yes _____ No _____ 10. Temporary Structures a. Will any temporary structures (tents, sheds, etc. be built? Yes _____ No _____ If yes, describe in detail and include location(s). An engineer’s stamp, seal and signature are required for stage plans. b. Will any stage(s) be constructed and utilized? Yes No If yes, how many? Please indicate their locations on the site plan. 11. Signage - Will any signs or pennants be hung? Describe the proposed signage plan.
12. Parades - Is there a parade planned with this event? Yes No If yes, complete a parade permit application. Please state the day, time, location and anticipated number of participants, routes, times, staging area, disbanding area, review stand, and alternate dates. 13. Entertainment a. Will there be any entertainment or music? Yes No b. If yes, what time will the performances take place? From Until c. Is a fireworks display planned in conjunction with this event? Have you received the State Fire Marshall’s approval for a fireworks display? (Required). Yes No d. Has the impact on surrounding or adjacent residences been considered? Have adjacent or neighboring businesses been contacted? Have adjacent or neighboring residential areas represented by a HOA or similar neighborhood groups or organizations been contacted? If so detail the considerations and the nature and outcome of the contacts.
14. Vendors - Are vendors part of the Special Event? Yes No a. If yes, please detail on a separate sheet the number involved, and indicate whether the vendors are specifically contracted or regularly licensed. b. Please indicate the location of vendors on the site plan. c. Please specify the goods or services being vended, and the structures or objects used to vend.
15. Cleanup of event area a. How do you plan to remove garbage? List names and numbers of cleanup committee. Name Telephone b. What are your plans for recycling refuse? Describe in detail. c. If using a private sanitation company, give name, contact person, and telephone: d. Will additional trash receptacles need to be placed in the event area? Contact the City Sanitation Department to determine number of receptacles needed. If this service is used, payment is due 5 days before the event. e. How many trash receptacles are needed? 16. Emergency Medical Services – Has an EMS plan (for events of 5,000 people or more) been approved? Yes No a. If no, you must have an EMS plan approved? (An EMS Plan form is included in this package.) An EMS Plan must be approved in order to receive a Permit for the event. b. If yes, please attach appropriate documentation. 17. A Security Plan is required. - Has the Police Department approved a security plan? Yes _____ No _____ The plan shall specify: The number of certified off-duty law enforcement personnel and private security guards which the applicant plans to hire (where the number of off-duty law enforcement personnel shall be the same or more than the number of private security guards); - The arrangements the applicant has made for hiring them; - Details of the plan for payment. a. If no, you must engage qualified security consultants to provide Police Department with a security plan for approval. A security plan must be approved in order to receive a Permit for the event. b. If yes, please attach appropriate documentation. c. Please indicate in which zoning district or districts the event is to be held: Zone _____ 18. Utility services required Electricity: a. Describe specific electrical power needs: Will a generator be used for your event? Yes No b. Will additional electrical wiring need to be installed? Yes No c. Who is your Electrician? Telephone: Fax: Water: d. Describe specific water needs: 19. Admission - Does the applicant intend to gate the event and charge an admission fee? Yes No If yes, please detail the amount of the fee and details as to how the event will be gated. 20. Prior Events a. Is this a first time event? Yes _____ No _____ b. Has this event occurred five (5) or more times in the preceding years? If yes, please list the years. c. What was the attendance for the most recent event? 21. Insurance and surety bonds Please provide insurance and surety bond information. 22. Special requirements. Are there any special or unusual requirements that may be imposed or created by virtue of the proposed Event activity?
FINANCIAL RESPONSIBILITY: By my signature below, I certify that I have actual authority to make this application, and to bind the organization, if any, sponsoring the event, and that I or the organization shall will be financially responsible for any costs or fees that may be imposed for the Event; INDEMNIFICATION, HOLD HARMLESS: By affirmation evidenced by the signature below, the applicant swears that he or she has actual authority, and does hereby personally and for the organization represented indemnify and save the City harmless, to the extent permitted by law, from and against any and all costs, expenses, liabilities, losses and damages, injunctions, suits, actions, fines, penalties, claims and demands of every kind or nature, including reasonable attorneys' fees, by or on behalf or any person, party or governmental authority whatsoever arising out of the submission, grant, denial or execution arising from or relating to this application or the event. Further, the applicant hereby knowingly, voluntarily and without reservation of any kind covenants that neither he, the undersigned, or any agent, employee, appointee, official, officer, heir, assign, successor, executor, administrator, or trustee of the entity or party represented will sue or make claim, and will now and forevermore hold harmless, release and discharge the City and its agent, employee, appointee, official, officer, heir, assign, successor, executor, administrator, or trustee in any legal forum, court or before any tribunal, administrative, judicial or quasi-judicial , from any cause of action, legal or equitable, claim, action or suit, in perpetuity, because of anything done or omitted, whether known or unknown at this time, acted upon in reliance, or made the subject of trade, loan, payment or commerce, directly or indirectly arising from the application, grant, denial or execution of the event. Applicant agrees that the grant or denial of a Special Events Permit is an act of legislative discretion, and the applicant affirms that neither he nor any one on his behalf, shall make claim now or ever against the City of Myrtle Beach, its officials, agents or employees, or the public at large or its representative government, its agents, or employees in connection to or arising from this application. _____________________________________________ Print Name and Signature of Applicant Date ______________________ I, (notary print or stamp name) _______________________________ do hereby certify that the above applicant appeared before me, and has identified himself or herself to me and has signed before me and executed this document. WITNESS MY HAND AND SEAL THIS ____ DAY OF ________________, 200_. _____________________________________________ (seal)Notary signatureNotary Public for the State of ______________________ My Commission expires:__________________________ REVIEW YOUR APPLICATION BEFORE SUBMITTAL. INCOMPLETE APPLICATIONS WILL BE RETURNED UNPROCESSED. © Copyright 2004, The City of Myrtle Beach. All rights reserved. |