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HomeMy WebLinkAboutWorkshop - Special Events.pdf REQUEST FOR PLANNI NG COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Description In response to inquiries received from local businesses, the City Council has requested that Planning Commission pr ovide a recommendation regarding the adoption of an ordinance regulati ng special events in the City. Background The City has been approached by three food service related businesses – Stout’s Pub, The Coffee Grounds, and Dino’s Gy ros – inquiring whether these businesses would be allowed to host some variation of tented event, such as a “beer garden”, on a limited basis. That is, they are inte rested in doing this as a one-time or occasional or annual event. The city code does not make any provision for this type of event. The city attorney confirms that it is not allowed. Many citi es have special event ordinances to allow events under special permits. The City Co uncil has asked the Planning Commission to study the issue and make a recommendation. At a preliminary informational workshop in April, Planning Commissioners asked staff to prepare a matrix or worksheet to list issues related to special events and provide space for Commissioners to orga nize their thoughts. A worksheet was distributed early in May and is included in this packet. Budget Impact Unknown Attachment(s)  Matrix worksheet on special event i ssues and topics to be considered  City of Plymouth special event ordinance  City of North St. Paul special event ordinance  Special event permit application for North St. Paul (Commissioners were previously provided wi th portions of the Falcon Heights City Code that already address some elements of the sample ordinances above.) Action(s) Requested  Discuss, with the following goals: o Consensus on whether or not to proc eed with drafting a special event ordinance for Falcon Heights o Direction to staff for additi onal research, if needed o Direction to the city attorney to prepare a draft ordinance Meeting Date May 22, 2012 Agenda Item Workshop Title Consideration of a possible ordinance to provide for “special” or limited events in Falcon Heights Submitted By Deborah Jones, Staff Liaison Special Event Issues It is assumed that the City w ill take an “allow by administrative permit” approach. Please use the blank rows to insert related questions. Issues Recommendations & Comments WHAT What kinds of events does this ordinance address? Examples What kinds of events does this ordinance address? Descriptive What kinds of events does this ordinance NOT include? What kinds of events shall be exempt from having to get a permit under this ordinance “Legal and moral” cl ause? “are of such a nature as to be acceptable to the general public with regard to morals, safety features and the conduct of event participants” (Farmington Hills, MI) WHEN Date restrictions? (e.g. no State Fair, etc.) Restrictions on hours of operations? Hours with alcohol? Hours for outdoor music? How many events can a property owner have per year? How close together can separate events be held (if >1 allowed)? Duration of a single permitted event in days? WHERE Restrictions by Zone? In clude residential? Include public land? Apply to events in parks? Include parks events und er certain conditions? What conditions? (bouncy castle, etc) WHO Property owner/regular te nant only? Or allow “outside” temporary oc cupant, “hosted” by owner or not? Distinction between open to public/not open to public? Age restrictions in general? HOW Site Plan for outdoor component(s) of event? Temporary structures rules? Event security plan? Impose parking restrictions in ordinance? Or by individual permit? Require parking plan? Traffic control plan? Emergency vehicle access plan? Sanitation facilities/porta potties? Event security? Temporary outdoor lighting? Spotlights? Alcohol? Smoking? Noise: PA system, outdoor DJ, outdoor live music? Health Department pe rmits? Require before event application? Deadline? PERMIT Fees? Lead time prior to event for application? Indemnification for City? Additional permits to be required? (alcohol, food safety, etc.) Inspections? City of Plymouth – Event Ordinance (Administrative Permit) 21455.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards es tablished by this Chapter, and processing requirements of Section 21025, the following are uses allowed in the C-1 District by administrative permit as may be issued by the Zoning Administrator: Subd. 8. Temporary events and outdoor sale s subject to the following criteria: (a) Special Promotional Events (except Carnivals). (1) Such activity is directed towards th e general public and includes grand openings, business events, craft shows, flea markets, mechanical a nd animal rides, and outdoor display of materials. (2) The event shall not exceed the period spec ified in the administ rative permit and in no case shall exceed three (3) consecutive calendar days per event. (3) There shall be no more than two (2) sp ecial events per cale ndar year per property. However, each tenant in a multi-tenant building shall be permitted one (1) special event per year. Multi-tenant buildings with less than five (5) lease-spaces shall be considered as a single property for purposes of this provision. (b) Carnivals. (1) The applicant must submit an amusement license application as required by Section 1100 of the City Code. (2) The event shall not exceed the period spec ified in the administ rative permit and in no case shall exceed seven (7) consecuti ve calendar days per event. (3) There shall be no more than one (1) carnival per calendar year per property. (c) Outdoor Sales, including but not limited to transient merchants and transient produce merchants (excluding Christmas Tree Sales): (1) Such activity is directed towards the general public and in cludes warehouse sales, sidewalk sales, inventory re duction or liquidation sales, distressed merchandise sales, sales of fireworks, seasonal merchandise sa les (except Christmas trees), and transient merchant and transient produce merchant sales. (2) The following specific standards shall ap ply to all proposed temporary outdoor sales activities allowed by this paragraph and by City Code business lic ensing provisions in addition to other applicable building and safe ty code requirements as determined by the Zoning Administrator. a. The maximum total time for temporary outdoor sales activities shall be the period specified in the administrative pe rmit and, in no case, shall exceed ninety (90) days per calendar year per property. b. There shall be no more sales activities th an those specified in the administrative permit and, in no case, shall there be more than ten (10) sales activities per year per property c. Sales activities may be conducted with in a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Temporary sa les on unpaved landscaped areas is prohibited. d. Sales of fireworks shall also be regulated by Section 1110 of the City Code. (d) Outdoor Christmas Tree Sales. (1) Such activity is directed towards the ge neral public and consis ts of the outdoor sales of cut evergreen trees, boughs, wreaths and ot her natural holiday d ecorations and related products. (2) The following specific standards shall ap ply to all proposed outdoor Christmas tree sales allowed by this paragraph and by City Code business licensing provisions in addition to other applicable building and safe ty code requirements as determined by the Zoning Administrator. a. The maximum total time for sales activit ies shall be the period specified in the administrative permit and, in no case, sh all exceed forty-five (45) days per calendar year per property. b. There shall be no more than one (1) sa les activity per year per property, which shall be in addition to any special events or other outdoor sales permitted on the property. c. Sales activities may be conducted with in a required yard provided the area is paved and the activity does not interfere with parking, traffic circulation or emergency vehicle access. Sales on unpave d landscaped areas is prohibited. (e) General Standards applying to all te mporary events and outdoor sales. (1) The event or sale shall be accessory to or promoting the permitted or conditional use approved for the site.) (2) Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and pr ovided that it is determined by the Zoning Administrator that they will not impair th e parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. (3) The submitted plan shall clearly demonstrat e that adequate off-street parking for the proposed event can and will be provided for th e duration of the event. Determination of compliance with this requirement shall be made by the Zoning Administrator who shall consider the nature of the event and the applicable parking requirements of Section 21155. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on public right-of-way and streets is prohibited; except that parking on local streets may be allowed on Saturday and Sunday only, provided that the petitioner arranges for tra ffic control by authorized enforcement officers, as approved in writi ng by the Police Chief, at the petitioner’s expense. (4) Signage related to the event or sale sh all be in compliance with the temporary sign standards of Section 21155 and shall be allowed for the dura tion of the event. The Zoning Administrator may authorize special signage fo r purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (5) The approved permit shall be displayed on th e premises for the duration of the event. (6) All activity related to the event or sale must take place within the time permitted in the administrative permit. No buildings, equipment or materials may be erected or displayed prior to the start date identified in the permit application and all structures, equipment and displays must be removed by th e end date identified in the administrative permit. (7) Not more than one (1) such event or sale shall be allowed per property at any given time. North Saint Paul, MN Code of Ordinances CHAPTER 122: SPECIAL EVENT PERMITS Section 122.01 Purpose and intent 122.02 Definitions 122.03 Permit required 122.04 Requirements for issuance of a permit 122.05 Application procedures 122.06 Fees 122.07 Granting a permit 122.08 Denial of permit 122.09 Transferability 122.10 Enforcement and penalties 122.11 Revocation of permit 122.12 Special event vendors § 122.01 PURPOSE AND INTENT. The purpose of this chapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provisi on of parking, traffic, sanita ry facilities, utilities, p eace and tranquility of residential neighborhoods and safety services.(Ord. 668, passed 5-6-08)§ 122.02 DEFINITIONS. For the purpose of this chapter, the follow ing definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any individual, partnership, corporation, association, soci ety or group seeking and/or receiving a special event permit from the city.Page 1of 5 5 /17 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x OUTDOOR. Activity conducted outside of a permanent structure or building. PERMIT. A permit issued by the city to allow a special event. PERSON. Any person, association, partne rship, firm, business trust, corporation or company. SPECIAL EVENT. Any temporary, outdoor privately-sponsor ed event open to the general public and held on public or pr ivately owned property. SPECIAL EVENT shall not apply to the following: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to M.S. Chapter 38. (2) Special events or activities pe rmitted or permitted by other stat e laws or regulations of the City of North St. Paul, including publicly-sponsored act ivities in the local park system and any other established special event operating pr ior to adoption of this chapter. (3) Family gatherings, including family reunions, graduation part ies, baptisms, confirmations, weddings, and the like. (4) Garage sales. (5) Events such as but not limite d to National Night-Out establis hed through the City of North St. Paul.(Ord. 668, passed 5-6-08)§ 122.03 PERMIT REQUIRED. No person on or after the effective date of this chapter shall conduct or allow to be conducted any special event as defined in this chapter wi thout first obtaining a special event permit.(Ord. 668, passed 5-6-08)§ 122.04 REQUIREMENTS FOR ISSUANCE OF A PERMIT. The following standards sh all apply to all special events: (A) Maximum number of people . The permitee shall not sell ticket s to nor permit attendance at the p ermit location of more than the maximum number of people stated in th e special event permit. (B) Sound equipment . Sound producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments and other recordi ng devices, shall not be operation on the premises of the special event so as to be unr easonably loud or be a nuisance or disturbance to the p eace and tranquility of the ci tizens of North St. Paul. (C) Sanitary facilities . In accordance with Minnesota Stat e Board of Health regulations and standards and local specifications, ad equate sanitary facilities must be provided which are sufficient to accommodate the p ro j ected number of p erson ex p ected to attend the event.Page 2of 5 5 /17 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x (D) Securit y . The permitee shall employ at his or her own expense such secu rity personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of p ersons in attendance at the special event and for th e preservation of order and protection of property in and around the event site. No permit shall be issued unless the city’s Chief of Police is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (E) Food service . If food service is made available on th e premises, it shall be delivered only through concessions permitted by the Ramsey County H ealth Department. (F) Fire protection . The permitee shall, at his or her own expense, take adequate steps to insure fire protection as determined by the Ci ty of North St. Paul Fire Chief. (G) Duration of special event . The permitee shall operate the special event only on those days and during the hours specified on the permit. (H) Cleanup plan . The special event applicant is respons ible for clean up. Any clean up required by the city may be charged to the applicant. Any city service that requires overtime will be at the expense of the applicant. (I) Waiver . The City Council may grant a waiver fro m the requirements of this chapter in any p articular case where the applicant can show that strict compliance with th is chapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the require ment of this chapter unnecessary. Such waiver must be granted without detriment to the public health, safety or we lfare and without impairing the intent and purpose of these regulations. (J) Insurance . Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Manager. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorseme nt to the effect that the insurance company will notify the City Clerk in writing at least ten days before the expiration or cancellation of the insurance. (K) Miscellaneous . Prior to the issuance of a permit , the City Council may impose any other conditions reasonably ca lculated to protect the heal th, safety and welfare of pe rsons attendant or of the citizens of the City of North St. Paul.(Ord. 668, passed 5-6-08)§ 122.05 APPLICAT ION PROCEDURES. A written application for a special event permit shall be filed on forms provided by the city with the City Manager not less than 30 days before the date proposed for holding the special event. The written application shall be signed by the person, persons , or parties conducting the event and shall be accompanied by the fee payable he reunder. Upon submission of an application for a special event p ermit, City Staff will review the request and advise the applicant of the need for additional information, if any.(Ord. 668, passed 5-6-08)Page 3of 5 5 /17 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x § 122.06 FEES. The fee for a special event license shall be as establishe d by the City Council.(Ord. 668, passed 5-6-08)§ 122.07 GRANTING A PERMIT. The City Council, in its sole discretion, reserv es the right to review and determine whether or not a request for a special event and/or stre et closing is acceptable. It is th e stated purpose of the City Council that all such special events and/or street closing shall be for family-friendl y activities only. Special event activities must be inclusive of events and acti vities for both adults and ch ildren. In the event the City Council determines the activity dies not meet these criteria, such appl ication shall be denied.(Ord. 668, passed 5-6-08)§ 122.08 DENIAL OF PERMIT. The City Council shall have the right to deny the permit if, in the judgment of the City Council, the granting of a license would adversel y affect the safety, health and we lfare of the citizens of North St. Paul. The applicant shall be notified of such denial and may appear before th e City Council to appeal such denial.(Ord. 668, passed 5-6-08)§ 122.09 TRANSFERABILITY. No permit granted under this chapter shall be transferred to any other person or place without consent of the City Council, upon writte n application made therefore.(Ord. 668, passed 5-6-08)§ 122.10 ENFORCEMEN T AND PENALTIES. (A) The Police Department and other such officers, employees, or agents as the City Council or City Manager may designate, shall enfo rce the provisions of this chapter. (B) The holding of a special event in viol ation of any provision of this chapter shall be deemed a p ublic nuisance and may be abated as such. (C) Any person violation any provision of this chapter is guilty of a misdemeanor and upon conviction shall be subject to the pena lties set forth in Minnesota Statutes.(Ord. 668, passed 5-6-08)Page 4of 5 5 /17 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x § 122.11 REVOCATION OF PERMIT. The permit for a special event may be re voked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the license are not complied with or if any of the p rovisions of this chapter are violated.(Ord. 668, passed 5-6-08)§ 122.12 SPECIAL EVENT VENDORS. (A) Definition. For the purpose of this section, the foll owing definition shal l apply unless the context clearly indi cates or requires a different meaning. VENDORS . A person who temporarily sets up business on public or private property for purposes of selling or delivering goods in conjunc tion with a City approved Special Event. (B) License . All special event vendors shall be licensed by the city. (C) Process . The City Manager shall determine appropr iate requirements to safeguard the health, safety and welfare of the community and its inhab itants. Forms shall be determined by the City Manager to gather the necessary information to assure safety. (D) Fees. All special event vendors shall pay an insp ection fee to the city as determined by the City Council. Exception to the fee follow ing shall be exempt from the city fee: (1) All public charities as defined by IRS Code 501C(3); (2) Any governmental institution; and (3) Any business h eadquartered in the City of North St. Paul. (E) Umbrella fee . Any special event conducted by a public charity as defined by IRS Code 501C (3) is subject to one special event vendor fee for all vendors conducting business at the special event.(Ord. 668, passed 5-6-08)Disclaimer:This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopte d by the Municipality. American Legal Publishing Corpor ation provides these documents for inform ational purposes only. These documents s hould not be relied upon as the definitive authority fo r local legislation. Additionally, the fo rmatting and pagination of the posted doc uments varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site , please contact the Municipality directly or contact Amer ican Legal Publishing toll-free at 800-445-5588.© 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588 .Page 5of 5 5 /17 /201 2 htt p ://www.amle g al.com/al p scri p ts/g et-content.as p x Page 1 of 5 SEP Application Return To: Teri Werner – Community Development Dept. 2400 Margaret Street Phone: 651 -747 -2460 Fax: 651 -747 -2435 SPECIAL EVENT PERMIT APPLICATION – 2012 Important Notice: Certificate of Liability Insurance (if applicable) and any required attachments (m aps, diagrams, etc .) must be submitted with this application. Failure to include these items will mean an automatic rejection of the application. I. TITLE AND BRIEF DESCRIPTION OF EVENT: II. APPLICANT INFORMATION: The Applicant will be responsible for answering all questions, including inquiries from the media and citizens . Applicant: Title: Address: Business/Organization Name: Daytime Phone: Evening Phone: Emergency Phone: E -Mail Address: ____________________________________________________________ III. EVENT TIMETABLE: Requested day and date: Requested hours of operation, from a.m./p.m. to a.m./p.m. Set -up beginning day and date time a.m./p.m. Dismantle by day and date time a.m./p.m. E. Anticipated number of participants and spectators IV. INSURANCE: Attach to this application a certificate of liability insurance, including the policy number and showing liability amounts. The policy must state that any outside area to be used for an event is covered and must also show evidence that the requested event is not excluded from insurance liability. If the event is to be held on public property, the City of North St. Paul must be listed as the Certificate Holder. Page 2 of 5 SEP Application V I . CHECK ALL ITEMS WHICH APPLY TO YOUR EVENT: Event participant and/or spectator parking areas (describe): Entertainment or stage locations (provide to -scale drawing) Construction/erection of temporary structure(s) (may need permit, check with Community Development ) – indicate location. Trash containers (indicate number/location) Portable toilet facilities (indicate number/location) Barricades (indicate number/location) First aid facilities (indicate who is providing) Parade and/or parade floats (may need permit, check with Fire Department) Fireworks or pyrotechnics site (may need permit, check with Fire Department) Cooking facilities, open flame, or vehicle fuels (may need permit, check with Fire Department) Other - Please describe: V. REQUESTED CITY SERVICES - (CHECK ALL THAT APPLY): Use of Community Center (check with Nate Ehalt at 747 -2595); Trash containers (indicate number/location below ) Portable toilet facilities (indicate number/location below ) Electricity (The cost of the electrical hook -up is the applicant’s responsibility. Payment must be made to the City o f North Saint Paul. Please contact Brian Frandle at 747 -2472.) Police Officers / Reservists Fire Department Personnel / Vehicles Barricades Recycling Containers Other - Please describe : Page 3 of 5 SEP Application V II . CHARITABLE GAMBLING (CHECK IF APPLIES): Charitable Gambling - Please contact the Chief of Police at 651 -747 -2406 for forms and details. All charitable gambling requires a city permit application and some may also require a State permit application. This will be given separate consideration for approval by the City Council. VI II . VENDORS OR CONCESSIONAIRES: List what vendo rs/concessionaires you will have at your event: Note: Vendors/concessionaires setting up on public property (streets, sidewalks, public parking lots) must have a Special Event Vendors License from the City of North St. Paul. Applications are available on our website at www.northstpaul.net or by calling 651 -747 -2407. IX . FOOD, NON -ALCOHOLIC BEVERAGES AND/OR ENTERTAINMENT: Will food and/or non -alcoholic beverages be served? ______ Yes ______ No If yes, describe sanitation measures and food handling procedures: If food will be served outside of a licensed establishment; a Temporary Food Service Establishment license may be required. Contact the Ramsey County Department of Health at 651.266.1199 for requirement and licensing information. If yo ur event includes music, live entertainment, sound amplification or any other noise impact, please describe, including the intended hours of the music, sound or noise. If you intend to cook food in the event area, describe your area layout, including fuel or electrical sources to be used: X . ALCOHOLIC BEVERAGES: Page 4 of 5 SEP Application Will alcoholic beverages be served? _____ Yes ______ No If Yes Name of Liquor Establishment: For service of alcohol outside a licensed premise, include a diagram showing the defined area of the alcohol concession service and attach a copy of your certificate of liquor liability insurance covering the limits of the alcohol service area. If serving alcohol, describe how you will ensure that alcoholic beverages will be possessed and consumed only by those persons 21 years or older. Describe all security measures in place: If you are a licensed establishment requesting an extension to your liquor license premises, you must complete an application for an extension with the Chief of Police. This will be given separate approval by the City Council. *Title XI, Chapter 117, Section 117.120(B)(2) If you are a licensed establishment requesting a temporary permit you must submit a completed Temporary Liquor License Application and all required documentation to the Chief of Police. This will be given separate approval by the City Council. *Title XI, Chapter 117, Section 117.120(I)(1 -9) Have you submitted the required documentation to the Chief of Police? _____ Yes _____ No XI . SECURITY AND SAFETY PROCEDURES: Describe your proposed procedures for security and crowd control: If the event is to occur at night, describe how you are going to light the event area in order to increase the safety of participants and spectators coming to and leaving the event: X II . CLEAN -UP: List persons responsible for clean -up duties: X I II . MITIGATION OF THE IMPACT ON OTHERS: Page 5 of 5 SEP Application Describe how you intend to mitigate the impact of the special event on businesses, churches, neighbors, motorists, and others: NOTE: Any condition which causes adverse impacts may be cause to revoke the Special Event Permit. Acknowledgement and Signature: The undersigned hereby applies for a Special Event as described above and states the information submitted is true and correct. Applicant Signature: _____________________________________ Date of Application: ________________ FOR OFFICE USE ONLY Received By Date Mail Fax In Person Documentation Required Received Certificate of Insurance Entertainment / Stage Location Temporary Tent Permit Fireworks/Pyrotechnics Permit Cooking Facilities Permit Alcohol Service Diagram City Services Requested Approved Police Reserves Fire Department Personnel/Equip Trash Cans Barricades Portable Toilets Recycling Containers Electricity Use of Community Center Other: