The purpose in enacting the ordinance codified in this chapter is to ensure that special events are promoted and staged in a manner which preserves the safety of both our citizens and visitors to our city; to ensure that all promoters of these events are treated fairly and in accordance with their particular needs in the promotion of the event; to promote the economic well-being of our community through the orderly attraction of people to these events and to ensure city personnel adequate opportunity to prepare for and provide services for the events so as to provide them the maximum opportunity for success. (Ord. 994 (part), 1998)

As used in this chapter, the following terms are defined in this section:
"Special event" means an event sponsored by an individual, organization, club, group, partnership or corporation in which the public is invited to attend and which requires the use of public streets or other public property as a staging area for promotion of the event.
"Special event area" means a place designated by the special event promoter as provided in this chapter where the general public is invited to gather for an event and where the area of interest of the promoter will be promoted and/or celebrated and where, in connection with the special event, there may be displays, speeches, the performance of music or the arts, games and other similar celebrations, and the sale and/or distribution of literature, antiques, crafts, curios, art or artifacts, food, and other similar items, all under the sponsorship of a special event promoter as defined in this section. The area designated as a special event area may include property which is privately owned; provided, that the inclusion of private property within the special event area shall not be construed as requiring the owner of the private property to participate in or otherwise allow the property to be used in the special event without his, her or its consent, or as prohibiting the owner of the private property from using the private property in a manner otherwise allowed by law. Some of the special event area may be closed to vehicular traffic during some or all periods of the special event; however, it is not required that the special event area should necessarily require closing of a portion of the area.
"Special event merchant" means an individual, organization, club, group, partnership or corporation which engages in the sale of items within a special event area as defined in this section through the permission of the special event promoter.
"Special event promoter" means an individual, organization, club, group, partnership or corporation which organizes, sponsors, promotes or makes space available for a special event or is otherwise considered the organizer of the special event. (Ord. 994 (part), 1998)

A. No individual, organization, club, group, partnership or corporation shall act as a special event promoter within the city without first obtaining a license therefor as provided in this chapter.
B. Special event promoters granted a license hereunder and special event merchants selling pursuant to that license shall comply with all applicable state food and health rules and regulations as well as regulations established by the special event promoters. (Ord. 994 (part), 1998)

A. A special event promoter shall file with the city clerk an application for a special event license. The city council may grant authority to a special event promoter to hold a special event in a designated special event area. The application shall be on a form furnished by the city clerk and shall contain information concerning the requested dates and hours of the event, other information required by this chapter, and such other information as may be reasonable in relation to the event for which the license is requested.
B. The special event promoter shall provide, at the time of application, a preliminary map or drawing showing the area to be designated as the special event area. Upon approval of the application for a special event license, the special event promoter shall provide the city clerk a detailed map of the designated special event area, showing any booths, trailers, stages or other facilities which will be temporarily erected, constructed or parked as a part of the event. The detailed map shall be furnished according to the following schedule:
1. One week in advance of a one day event;
2. Two weeks in advance of a two day event;
3. Three weeks in advance of a three day event;
4. Four weeks in advance of a four day event.
C. At the time of application for the special event license, the special event promoter shall make a request for any necessary street or right-of-way closings. Public right-of-way barricades must be attended in order to allow authorized personnel to enter and exit the special event area. It shall be the responsibility of the special event promoter to arrange for the personnel who will attend the barricades. If reserve police officers are requested for this purpose, then the special event promoter shall be responsible for the cost of their services.
D. The city council shall approve or deny the license application in its sole discretion based upon the facts and comments presented to it and the overall effect the special event would have on the city and/or its citizens. (Ord. 994 (part), 1998)

A. Upon receipt of an application for a special event license, the city clerk shall refer the application to the chief of police, and such other city personnel as may be appropriate for the coordination of street closings, barricades and city personnel and service requirements. If the chief of police deems it necessary for the protection of the public good, he shall conduct an investigation of the special event promoter and the proposed special event. The chief of police shall submit his findings and any other comments to the city clerk. The city clerk shall submit the chief’s comments to the city council for its consideration in making a final decision on the application.
B. Upon review of a special event promoter’s application, all affected department directors shall attach their comments to the application and return the application to the city clerk. The city clerk shall submit the director’s comments to the city council for its consideration in making a final decision on the application. (Ord. 994 (part), 1998)

The special event promoter shall pay a fee of twenty dollars per day for each day of an event for which a license is issued. The fee shall be paid upon issuance of the license and shall be nonrefundable. The special event promoter may charge a special event merchant a fee for participation in the special event. This fee shall be separate from the licensing requirements of the city. (Ord. 994 (part), 1998)

The approval by the city council of an application for a special event license shall be contingent upon the special event promoter providing the city a certificate of liability insurance coverage naming the city as an "also insured" in a minimum amount of one million dollars. Upon receipt of the certificate of insurance, the city clerk shall issue the license to the special event promoter. (Ord. 994 (part), 1998)

A special event license as issued shall set forth the time period for which the license is issued. The time period for which the license is effective shall include a reasonable period for cleanup. The license shall expire at the end of the time period specified in the license. (Ord. 994 (part), 1998)

The special event for which a license is issued shall be conducted within the designated special event area. The special event shall not be conducted in such a manner as to hinder or obstruct the free passage of pedestrian or vehicular traffic outside of the designated special event area. (Ord. 994 (part), 1998)

A special event promoter shall be required to provide a copy of its license to each special event merchant for exhibit by the special event merchant during the term of the license period. A special event merchant shall be required to display a copy of its license to the public when in operation during the term of the license period and may not operate without such a license. (Ord. 994 (part), 1998)

The special event promoter shall be solely responsible for any contractual arrangements or licenses between itself and any special event merchants and/or private property owners operating or located within the designated special event area. (Ord. 994 (part), 1998)

Any license issued under the provisions of this chapter may be revoked or suspended by the chief of police, without notice, for any of the following causes:
A. Fraud, misrepresentation or an incorrect statement contained in the application for license or made in the course of promoting the special event;
B. Failure to comply with any provision of this chapter;
C. Promoting the special event in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (Ord. 994 (part), 1998)

Any person aggrieved by the action of the chief of police in revoking or suspending a license or by the action of the city council in the denial of a license may appeal to the city council. Such appeal shall be taken by filing with the city clerk within fourteen days after the notice of the action complained of a written statement setting forth fully the grounds for such appeal. The city clerk shall set a time and place for hearing on such appeal, and notice of such hearing shall be mailed, postage prepaid to the appellant at its last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. The decision of the city council regarding an appeal shall be final. (Ord. 994 (part), 1998)

A special event promoter may, in its application for a special event license, request the city council to temporarily limit the areas within the city for which a peddler license provided under Title 5, Chapter 5.04 of the code may be issued to an applicant thereunder during the time period for which a license is issued under this chapter. In making its request, the special event promoter shall suggest particular areas within the city limits which the special event promoter believes would be appropriate for the issuance of peddler licenses during the time period in question. If the city council agrees with the suggested limitation of areas for which a peddler license may be issued during the time period for which a license is issued under this chapter, the city council shall adopt a resolution providing for the modification of the issue of peddler licenses as requested in the application hereunder. In adopting its resolution, the city council shall be required to find that the licensed special event is of city-wide interest, promotes the well-being and reputation of the city and that the issuance of a peddler license on a city-wide basis concurrent with the licensed special event would detract from the benefits provided by the licensed special event. (Ord. 994 (part), 1998)