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HomeMy WebLinkAboutSpecialEventOrdinanceWorkshop102312.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 regulating specia l events in the City. The consensus of the Commission is to develop a draft and seek input from residents at the public hearing stage. Background Three food service related businesses – St out’s Pub, The Coffee Grounds, and Dino’s Gyros – are interested in host ing occasional outdoor special events, a use that is not provided for in the Falcon Heights City Co de. At the request of the City Council, the Planning Commission has been studying the possibility of creating an ordinance to allow such events by special permit. All three businesses were represented at a September 25 workshop, when they outlin ed their proposals in detail for the Commission. Commissioners’ consensus wa s to move forward with a draft ordinance and take input from the community at the hearing stage. Sample ordinances from other cities have be en reviewed in the course of this study. A selection of those will be provided to serv e as models of the elements that will be needed to craft a special events ordina nce appropriate for Falcon Heights. Budget Impact None at this time Attachment(s)  Sample ordinances for special events and uses by special administrative permit: City of Medina, City of North St. Paul , City of Plymouth, City of Roseville  Staff recommends that Commissioners br ing the materials that have been distributed in earlier workshop packets on this topic for reference. Please let staff know if new paper copies are needed. Action(s) Requested Identify the specific elements needed in an ordinance defining the new type of special event uses proposed. These may include (but are not limited to):  Creating a provision for uses by specia l administrative permit – a category not now used in Falcon Heights code  Stating the purpose of the ordinance  Defining the events that will be covered and excluded  Specifying zones where the define d special events will be allowed  Defining requirements and limitations for the events to be covered  Defining requirements for obtaining a permit Meeting Date October 23, 2012 Agenda Item Workshop Title Special Event Ordinance (Continued) Submitted By Deborah Jones, Staff Liaison 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. Medina City Code 230. Special Events CHAPTER 2 ADMINISTRATION 230. SPECIAL EVENTS 230.01. Purpose. It is the purpose of the city council to regulate the time, place and manner of special events when the event’s impact upon the h ealth, sanitary, fire, police, transportation and utility services exceeds those regularly provided to that property. This section is enacted in order to promote the health, safety and welfare of all residents and visitors of the city by ensuring that special events do not create distur bances, become nuisances, menace or threaten life, health or property, disrupt traffic or threaten or damage private or pub lic property. It is not the intent of the city council by enacting this section to regulate in any manner the content of speech or infringe upon the right to assemble, except for regulating the time, place and manner of speech and assembly and this section should not be interpreted or construed otherwise. 230.03. Definitions. For the purposes of this ordinance, the following terms shall have the meanings given to them unless the context clearly indicates another meaning: Subdivision 1. “Special Event” means any concert, parade, fair, show, festival, carnival, rally, party, filming of a movie, video or te levision show, motorcade, run, street dance, bike-a-thon, race, walk or athletic event or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property or public right-of-way, or, if held wholly upon private property, will require the use of Special Services; and Subd. 2. “Special Services” means the exclusive allocation of city resources, including, but not limited to, city personnel, equipment, ri ghts-of-way, property or facilities for use in conjunction with a specific event or activity, as requested by the host or sponsor of the event, or as requested by or on behalf of any person attending the event, or deemed necessary by city staff in order to maintain public safety. Special Services shall include, but not be limited to, any of the following: st reet closures; requiring police officers to stop or reroute traffic; special police protecti on; stationing emergency vehicles at or in the immediate vicinity of the event; exclusive use of city streets as a staging area or for event parking; additional street cleaning a nd garbage removal services; special signage, such as temporary no parking signs; the use of any city building, equipment or other property for any purpose other than the normal daily operations of the city; or the city otherwise providing exclusive services. 230.05 . Permit Required; Exceptions. Subd. 1. Any person or organization desiring to hold a Special Event in the city must first obtain a Special Event permit from the city in addition to any other permits required for the event by state law or city ordinance. Subd. 2. The following are exempt from the permit requirements: 230. Special Events Page 1 of 9 Medina City Code 230. Special Events a) Wedding ceremonies and receptions, funeral ceremonies and funeral processions; b) Any event attended by fewer than 200 pe rsons at one time which does not require any Special Services and does not involve the sale of alcohol; c) Any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit; and d) The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. 230.07. Permit application. Subd. 1. Form. Application for a permit to hol d a Special Event must be made in writing and must contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowle dge of the applicant and must be signed and sworn to or affirmed by the individual making application in the case of a corporation, by all partners in the case of a partnershi p, or by all officers of an unincorporated association, society or group, or, if there are no officers, by all members of such association, society, or group. The applicati on must contain and disclose the following: a) Applicant name, address, phone number; b) Date of proposed Special Event; c) Address of proposed Special Event; d) Name of property owner, if different from applicant; e) Type and description of the Special Even t and a list of all activities to take place at the Special Event; f) Estimated number of persons to attend; g) Duration of the Special Event, including beginning and ending times; h) Any public health plans, including s upplying water to the site, solid waste collection and provision of toilet facilities, if applicable; i) Any fire prevention and emergency medical services plans, if applicable; j) Any security plans, if applicable; 230. Special Events Page 2 of 9 Medina City Code 230. Special Events k) The admission fee, donation or other consid eration to be charged or requested for admission, if applicable; l) Whether food or alcohol will be served or sold at the event; m) A detailed description of all public right s-of-way and private streets for which the applicant requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis; n) A description of any services, city personnel, city equipment and city property which the applicant requests the city to provide, including the applicant’s estimate of the number and type needed, and the basis on which the estimate is made; o) Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; p) A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this section, or representing to the city that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the Special Event; q) Applicant signature and property owner’s signature, if different from applicant; and r) Any other information requested by the city, acting through its city administrator or chief of police deemed reasonably necessa ry in order to determine the nature of the Special Event and the extent of any Special Services required. Subd. 2. Time for filing. A Special Event permit application must be filed with the city at least 30 days in advance of the date in which the Special Event is to occur. Subd. 3. Permit fee. An applicant for a Special Event permit must pay a nonrefundable permit fee in the amount established from time to time by the city’s fee ordinance. 230.09 . Permit Review. Subd. 1. Upon receipt of a Special Event permit application, the city administrator shall be responsible for promptly processing th e application, including conferring with department heads and the applicant as nece ssary to implement the provisions of this section, and, when required by this section, fo rwarding the processed application to the city council with a recommendation to approve, approve with conditions or modifications, or deny the special event permit application. Subd. 2. Special Services. The city administrator shall promptly distribute copies of the application for review by the head of each de partment in cases where Special Services 230. Special Events Page 3 of 9 Medina City Code 230. Special Events are requested or will be necessary. Each such department head shall review the application and evaluate the Special Services and shall report to the city administrator, with a recommendation that application and th e requested Special Services be approved, approved with conditions or modifications, or denied. Each department head shall also provide the city administrator with a cost estimate for the Special Services associated with his or her department. Subd. 3. Review. When a Special Event will not require any Special Services or does not require a significant amount of Special Servi ces, the city administrator may review the permit application administratively. In cases where a Special Event requires a significant amount of Special Services, the application will be presented to the city council for review. The city council may hold a public hearing on the permit application. It may also refer the permit application to th e planning commission for its review and recommendation. Subd. 4. Permit Denial. The city may deny an application for a Special Event permit if it determines from a consideration of the application or other pertinent information, that: a) The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail; b) The applicant fails to supplement the a pplication after having been notified by the city of additional information or documents needed; c) The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit, including payment of all costs and expenses; d) The Special Event would substantially or unnecessarily interfere with traffic in the city, would interfere with access to the fire station or fire hydrants, or would interfere with access to businesses or reside nces in the immediate vicinity of the event and there are not sufficient city res ources available at the time of the event to mitigate the disruption; e) The Special Event is of the size or natu re that requires the diversion of so many law enforcement officers to properly poli ce the event, site and contiguous areas that allowing the Special Event woul d unreasonably deny law enforcement protection to the remainder of the city and its residents; f) The proposed date and time of the Special Event conflicts with a previously scheduled event and there are not availa ble at the time of the proposed Special Event sufficient city resources to provi de services for both events without substantially or unnecessarily interfering w ith police, fire, water, public works or other services to the city as a whole; g) The location of the Special Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public 230. Special Events Page 4 of 9 Medina City Code 230. Special Events property or right-of-way; h) The Special Event would likely endanger the public safety or health; i) The Special Event would substantially or unnecessarily interfere with police, fire, water, public works or other services to the city as a whole and there are not available at the time of the proposed event sufficient city resources to mitigate the disruption; j) The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled; k) The Special Event would likely create or constitute a public nuisance; l) The Special Event would be likely to cause significant damage to public property or facilities; m) The Special Event would engage in or en courage participants to engage in illegal acts; or n) The applicant, responsible party or th e person on whose behalf the application is submitted has on prior occasions made mate rial misrepresentations regarding the nature and extent of Special Services re quired for a Special Event in the city, or has violated the terms of a prior Special Event permit. Subd. 5. Appeal. If the city administrator denies an application for a Special Event permit, the applicant may appeal the city administrato r’s decision to the city council. An appeal must be filed with the city administrator in writing no later than 10 days from the date of the city administrator’s decision. 230.11. Permit Issuance. Subd. 1. Permitted areas. Because of the predomin antly residential character of the city and the relatively small size of the commercially zoned areas resulting in the potential for conflicting uses, Special Events will be perm itted within the city only after a finding by the city that the character of the proposed Sp ecial Event is compatible with the character of the surrounding neighborhood considering th e possible creation of problems including noise, lighting, traffic, sanitation, congestion a nd other factors affecting the public health, safety and welfare of such areas in addition to compliance with all ordinances of this city and applicable statutes and regulations. Subd. 2. Permit Conditions. The city may cond ition the issuance of a Special Event permit by imposing reasonable conditions concerning the time, place and manner of the Special Event, and such conditions as are necessary to protect the safety of persons and property, and the control of traffic; provided that such conditions shall not unreasonably restrict the right of free speech. The city may inspect the property upon which the Special Event is 230. Special Events Page 5 of 9 Medina City Code 230. Special Events to be held prior to the event in order to ma ke certain there is compliance with all permit conditions. Such conditions may include, but are not limited to: a) Alteration of the date(s), time(s), r oute(s) or location of the Special Event proposed; b) Elimination of an activity at the Speci al Event which cannot be mitigated to a point as to ensure public safety and welfare, or which causes liability to the city; c) Requirements concerning the area of a ssembly and disbanding of a parade or other events occurring along a route; d) Requirements concerning the accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or right-of-way; e) Requirements for the use of Special Services; f) Requirements for the use of traffic cones or barricades; g) Requirements for the provision of first aid or sanitary facilities; h) Requirements for the use of Special Event monitors and the providing notice of the Special Event’s permit’s conditions to the event’s participants; i) Requirements on the number and type of vehicles, animals or structures to be allowed at the Special Event and the insp ection and approval of floats, structures and decorated vehicles by the city for safety purposes; j) Compliance with animal protection ordinances and laws; k) Requirements for the use of garbage cont ainers and the cleanup and restoration of any public property; l) Restrictions on the use of amplified sound, public address systems and the playing of music and musical instruments a nd compliance with noise ordinances, regulations and laws; m) Limitations on the maximum attendance; n) Requiring notice of the Special Even t to be provided to surrounding property owners; and o) Restrictions on the sale or consumption of food or alcohol. Subd. 3. Permit Issuance. When a Special Even t will not require any Special Services or does not require a significant amount of Speci al Services, the city administrator may 230. Special Events Page 6 of 9 Medina City Code 230. Special Events issue the Special Event permit administrativel y. In cases where a Special Event requires a significant amount of Special Services, the application will be presented to the city council for approval. 230.13 Special Services Fees. Subd. 1. Special Services Fee Deposit. If any Special Services are to be used during the Special Event, the applicant may be required to pay a Special Services fee deposit at least five days before the Special Event. The Special Services fee deposit amount shall be determined by the city administrator. It shall be based upon an estimate of Special Services that are necessary as determined by the city’s department heads. Subd. 2. User Fee. Upon completion of the Special Event, the city may prepare a detailed account of all Special Services provided for th e Special Event and in such cases, will set the final user fee using the rate s, fees and charges established as provided in this section. The city will then provide the authorized a nd responsible person identified in the Special Event permit application with a copy of the detailed account of the Special Services and an invoice for the user fee, less the fee depos it. The balance of th e user fee will then become due and payable immediately upon its r eceipt. The city may certify to the county any unpaid user fees relating to the property upon which the Special Event was held or, if the Special Event was held on public property, the applicant’s property, which shall then be collected together with the property taxes levied against the property. Subd. 3. Special Services Rates. The rate s charged for the use of city personnel, equipment, facilities and rights-of-way shall be set by the city’s fee ordinance. 230.15. Indemnification Agreement. If the Special Event require s Special Services, prior to the issuance of a Special Event permit, the permit applicant and authorizing officer of the sponsoring organization, if any, must sign an ag reement to indemnify, defend and hold the city, its officials, employees, and agents harmless from a ny claim that arises in whole or in part out of the Special Event, except any claims arising solely out of the negligent ac ts or omissions of the city, its officials, employees and agents. 230.17. Insurance Requirements. Subd. 1. Liability Insurance Required. The app licant or sponsor of a Special Event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the Special Event. A certificate of insurance must be f iled with the city prior to issuance of the Special Event permit. The cer tificate of insurance must name the city, its officials, employees and agents as additional insureds. Insurance coverage must be maintained for the duration of the Special Event. Subd. 2. Minimum Limits. Insurance coverage must be a commercial general liability policy. The minimum limits must be at leas t $1,000,000. If alcoholic beverages are to be sold or distributed at the Special Event, th e policy must also include an endorsement for 230. Special Events Page 7 of 9 Medina City Code 230. Special Events liquor liability. The city may require a dditional endorsements depending upon the type of Special Event and the proposed activities. Subd. 3. Waiver or Reduction of Required Limits . The city may waive or reduce insurance requirements of this section under the following circumstances: a) The applicant or officer of the sponsor ing organization signs a verified statement that it believes that the Special Event’s purpose is First Amendment expression and that the cost of obtaining the insura nce is so financially burdensome that it would constitute an unreasonable burde n on the right of First Amendment expression; b) The applicant or officer of the sponsor ing organization signs a verified statement that the insurance coverage required by this section is impossible to obtain; or c) The city determines that the insu rance requirements are in excess of the reasonable risk presented by the proposed Special Event. 230.19. Compliance with permit. Subd. 1. Unlawful to Sponsor a Special Event without a Permit. It is unlawful for any person to sponsor or conduct a Special Event requiring a permit pursuant to this section unless a valid Special Event permit has been issued for the event. Subd. 2. Unlawful to exceed the Scope of the Pe rmit. The Special Event permit authorizes the Special Event permittee or sponsor to conduct only such a Special Event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or sponsor to w illfully violate the terms and conditions of the permit. 230.21. Revocation. A Special Event permit may be revoked by the city at any time for failure to comply with the provisions of this section and conditions of the permit. 230.23. Enforcement. Subd. 1. Injunction. The provisions of this s ection may be enforced by injunction in any court of competent jurisdiction. Subd. 2. Public nuisance. The holding of a Sp ecial Event in violati on of any provision or condition contained in this section will be deemed a public nuisance and may be abated as such. Issuance of a Special Event permit by the city does not preclude the right of an individual to pursue a private nuisance action against the applicant. Subd. 3. Towing authorized. If a Special Even t is held on private property and members of a Special Event have parked automobiles in violation of any provision or condition contained in this section, violators’ autom obiles may be tagged and towed at violators’ 230. Special Events Page 8 of 9 Medina City Code 230. Special Events expense. Subd. 4. Noise. The Special Event must be in compliance with the city’s noise ordinance at all times. Subd. 5. Misdemeanor. Violati on of any provision of this section is a misdemeanor. Violators shall be subject to a fine or impr isonment as specified by state statute. Each day in which a violation continues to occur sh all constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the Special Event Permit. 230.25. Modifications. The city may modify or waive any of the requirements of this section after a finding that the waiver or modification of the requirements, including, but not limited to the required fee and deadline for application f iling, will not endanger the public health, safety and welfare of the community and that enfor cement of the requirements would impose a unique hardship upon the applicant. Amendment History of this Section Adopted July 15, 2008 (Ord. 448). 230. Special Events Page 9 of 9 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 Roseville City Code Chapter 1011 Property Performance Standards Section 1011.12: Additional Standards fo r Specific Uses in All Districts … G. Accessory Uses and Structures: … 2. Temporary Uses and Structures: The followi ng temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning dist rict in which it is located and all other applicable provisions of this Title: … f. Temporary Event: A temporary even t permit shall be required from the Community Development Department to a llow the temporary sale of merchandise or temporary event/activity. These uses ma y include the sales of fireworks, rugs, and other similar merchandise and events utilizing search lights or tents for employee/customer appreciation. The Comm unity Development Department shall review a site plan and specifics of th e proposed event area/use and may issue the permit, subject to (but not limite d to) the following requirements: i. Any single or recurring temporary ev ent shall be limited 30 total days per calendar year. ii. The event area shall be located with in the parking lot in a location so as not to disrupt the safety and flow of customer traffic. iii. The event area shall not eliminate pa rking spaces to an amount that is detrimental to primary use or function of the site. iv. The event area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. v. Accessory structures (e.g. stands, booth s, and/or tents) used in conjunction with the seasonal event shall meet all applicable fire codes and parking lot setback requirements. vi. Tents 200 square feet and over in si ze and/or canopies 400 square feet and over require a review and inspec tion by the Fire Marshal. vii. Signage shall be regulated by Chapter 1010 of this Title. (Ord. 1403, 12-13-2010)