"Building" means any temporary or permanent structure as defined by the Zoning Code or any structure, including tables, 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 or organization holding a business license and 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.

�Internal Security� means the deployment of privately contracted qualified human resources in sufficient number, as determined by the Police Department, to ensure the comfort and safety of movement of participants in a special event.

�Legislative Festival� means any official proclamation, resolution or declaration of City Council, in legislative discretion, of a citywide 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) or as recodified, 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 an outside or outdoor event, and may be advertised and promoted inside or 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 or other permit. This shall include charities, 501 c 3s, civic groups, fraternal organizations, and mutual benevolent aid societies. Appropriate official documentary proof may be required.

"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.

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.

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 that is inadequate in any respect for the event(s) or activities as shown by the application, under the totality of the facts and circumstances. Persons may enter into agreements to assemble the required acreage. The record owner of the property, as well as lessees or tenants must agree in writing to inclusion in the assemblage. 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, except for Legislative Festivals and City Sponsored Events, can exceed more than five (5) days, provided however that when the City Council proclaims or declares by Resolution a Legislative Festival or Sponsored Event, 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. A business license holder sponsoring an event for charitable purposes is limited to two (2) days.

5. 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.

6. In consideration of current demands on public resources made during the month of May, no special event permit, noise variance, or facility use permit with outdoor vending or food or beverage sales, as otherwise permitted by law, may be issued from May 1 through midnight of May 31 of every year.

7. No special event shall displace parking to neighboring businesses or residential areas.

8. No special event or permitted event may include a dynodrag or similar machine or burnout pit.

9. 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.

10. No special event or other permitted event may operate between the hours of 11:00 p. m and 7:00 a. m.

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.

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).

Sec. 19-128. Exceptions to Special Event Permit Requirement

A special event permit is not required for any activity listed in Section 19-128.

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.

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 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) Events sponsored by a tax exempt non-profit organization, when the following conditions are met:

A. A no-cost application is submitted to the Department of Construction Services and is approved not less than 48 hours before the event;

B. The event will not require the deployment of public resources due to purpose;

C. The event will not take place over 48 hours, including set up and take down;

D. The event is conducted on the property of the organization or upon the property of a cooperating like tax-exempt non-profit organization;

E. The event will not displace more than 25% of the parking area;

F. Event signage or banners of not more than 32 square feet not displayed more than seven (7) days prior to the event, and taken down with twenty four (24) hours after the conclusion of the event; and

G. No permits issued for May 1 through midnight of May 31 of every year.

Sec. 19-129. Issuance of a Special Event Permit Does Not Obligate City Services.

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.

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.

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 Issuance.

Except 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 Name; City Sponsorship.

Only 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. City Sponsorship of event means that the City joins with the Organizer as a cooperative partner in staging the event, after determining that the event is of City-wide importance and that the event will further the public purposes of the City. In their application, event organizers may petition the City Council for City sponsorship of the event. Should Council elect to sponsor an event, the application fee will be refunded. City Council will determine the manner and degree of sponsorship.

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, Legislative Events or City Sponsored Events, an application for a special event permit, with the application fee of two hundred fifty dollars ($250.00) shall be filed with the City Manager not less than thirty (30) 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 Complete.

An 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 Council hereby declares an incomplete application as being incapable of being placed upon an agenda for consideration.

Sec. 19-134. Date of Special Event Not Confirmed Until Permit Issued.

Notwithstanding 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 Application.

The Manager shall issue application for special events upon request. The application for a special event permit may include, but is not limited to, 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.

The City Council may consider the issuance of Special Event Permit, including but not limited to the conditions enumerated herein, when applicable to the nature of the Event.

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.

11) To make the determination under this section, the City Council shall consider pedestrian and traffic circulation and parking, traffic volume and population density, time of year, and neighboring or adjacent zoning uses.

Sec. 19-137. Consideration of Approval and Reasons for Denial of a Special Event Permit.

a. 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, as proposed, 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 internal security, 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 Jurisdiction.

To the extent Council�s exercise of discretion is capable of appeal, any appeal or writ of certiorari 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 Permit.

Based upon Council approval, a permit shall be issued by the Manager. A special event permit shall always be accompanied by the site plan approved by council and may 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 Application.

a. 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 Harmless.

a. 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 officer, 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 Requirements.

a. 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 is 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 Permit.

a. 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 Events.

a. 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. Vendor or Organizer at Commercial special events pays a flat fee.

In addition to cost recovery to be determined by the Manager in Section 19-129(b), and in addition to any required business license, an event organizer, or the individual vendor of any special event must pay the City a flat fee for vending/display buildings or structure as follows:

1. For any building erected a fee of $1.00 per footprint square foot

2. For any trailer or mobile structure towed or driven on the site, a fee of $3.00 per footprint square foot.

An event organizer, or individual vendor of any special event shall make payment for the flat fee prior to set-up.

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 Vendors.

a. 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 Offenses.

Violations 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 Permit

a. 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 Venue

It 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 Permitted.

It 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 Demonstration

It 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 Permitting

a. 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