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HomeMy WebLinkAbout9A Community Event OrdinancePhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 14, 2016 AGENDA #: PREPARED BY: PRESENTED BY: AGENDA ITEM: DISCUSSION: 9A ANGELA BARSTAD, RECREATION COORDINATOR ANGELA BARSTAD CONSIDER APPROVAL OF AN ORDINANCE TO SECTION 3 OF THE PRIOR LAKE CITY CODE RELATING TO COMMUNITY EVENTS Introduction The purpose of this agenda item is to request city council approval of a community event ordinance setting forth guidelines and a process for the issuance and revocation of such permits. History In July 2015, the City Council directed staff to research and create a policy or ordinance regarding community events in Prior Lake. The Council is supportive of community events and would like to encourage more of them, but believes that the city could more equitably administer such events. The proposed Community Event Ordinance addresses past inconsistences with the permitting and contract process while also offering staff assistance to ensure successful, well-planned community events. To meet the rising demand and ensure equitable treatment, City staff researched other local approaches to community events and engaged key stakeholders for feedback to craft Prior Lake’s draft ordinance language. The draft recommendations were presented to the Parks and Community Safety Advisory Committees for further review. Current Circumstances The proposed ordinance divides potential event sponsors into four categories: Group I – Prior Lake City Government Group II – Prior Lake Civic/Non-Profit Agencies Group III – Prior Lake residents and Businesses Group IV – Other A new application form has been developed and will be used to guide applicants through the permitting process. Applications would need to outline plans for crowd and traffic control, onsite emergency personnel/equipment, portable toilets, food licenses, etc. Staff proposes a deposit for damage and estimated staff costs after the application is approved but before the issuance of the permit. 2 All community event requests will be approved by the City Manager or his designee. Should an event be denied, appeals would be heard by the City Council. Violations of the conditions outlined in the ordinance could result in loss of the deposit, revocation of the permit, and denial of future events by the sponsor. For 2016, staff proposes to implement the permitting process only. Fees would be charged only for items currently outlined in the City fee schedule (e.g., shelters, fields, barricades, garbage barrels). Damage deposits and estimated staff costs would also be collected in 2016. Additional fees could be considered for 2017 based upon the experience of staff and event organizers in 2016. Finally, all “city-sponsored” events require City Council approval. The next agenda item accomplishes this designation for the Prior Lake Chamber for Lakefront Days. ISSUES: At the February 22, 2016 City Council Work Session, the City Council reviewed the ordinance and offered direction including the following: 1.Determined that application fees for non-Prior Lake organizations be raised to $100. The application fee will not be implemented until 2017. 2.Provide for up to 18 month advance notice to schedule a facility. Permits may be applied for with 45 to 270 days before an event. For large events 360 days is provided. Past experience has shown that most organizers do not have dates selected that far in advance. In addition, the City, to date, has not had any issues with requests for duplicate dates. Should this become an issue, staff will bring forward ordinance amendment language to address such concerns. 3.No specific direction was given to staff regarding events on Main Street (e.g... limiting the number of events, charging fees to close Main, etc.). The proposed ordinance calls for Staff discretion to determine approval of events on Main Street, but organizations would have the ability to appeal. 4.Staff seeks clarification on the direction for charging staff time and damage deposits in 2016. Currently, some events are charged for both while others are not. For 2016, staff seeks guidance from the Council on whether or not to recover staff costs and deposits for community events. Unless the request were waived by the council such costs would increase the amount paid by the Chamber for Lakefront Days and for the Farmer Market. The city attorney’s office made the revisions in the ordinance as set forth above. A legislatively formatted and clean copy are enclosed for your information. 3 Conclusion The Community Event Ordinance includes feedback from the stakeholders, the Parks and Community Safety Advisory Committees, and the City Council. Staff feels this is a fair and uniform ordinance that will aid in community event planning in the future while at the same time ensure the City recovers its costs. FINANCIAL IMPACT: The revenues received by the city in 2016 will be at least equal to 2015 and potentially more based upon city council direction. ALTERNATIVES: 1.Motion and second to adopt the community event ordinance as proposed or with amendments and the resolution approving the summary ordinance and publication thereof. 2.Provide staff direction regarding changes and bring back an updated ordinance and resolution for approval at a future City Council meeting. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. XXX-XX AN ORDINANCE AMENDING CITY CODE PART 3 BY INSERTING A NEW SECTION 316 RELATING TO COMMUNITY EVENTS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Part 3 is amended by inserting a new Section 316 to read as follows: 316.100: FINDINGS: The City of Prior Lake recognizes the value of community events in building a vibrant and healthy community. The City promotes regular and active use of public property and encourages a wide variety of community events. The purpose of this Section is to provide guidance to event organizers, to ensure a safe and successful event, and to ensure that: a) Approval or denial of community event permits are considered using an open, inclusive, and transparent method based on uniform criteria. b) Appropriate insurances and licenses are obtained, and the City's risk exposure is properly evaluated. c) Adequate protection of public health, safety and welfare of citizens is provided for. d) Adequate staffing levels are in place. Community events can often exceed the City's capacity to provide usual City services. Regulations are necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other considerations, the impact of such events on parking and vehicular traffic within the City, and expenditure of City funds. All events are subject to all applicable federal, state and local rules and regulations. 316.200 Definitions: For purposes of this Section, the following terms shall have the following meanings: Community Event or Event is defined as a gathering of at least 25 individuals on City property or in a City facility, assembled with a common purpose. Community events include, but are not limited to: concerts, fairs, carnivals, circuses, parades, athletic tournaments, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or events of similar nature. Community events also include the use of any City property or facility for a commercial venture regardless of the number of individuals involved in the project. Person is defined as a natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or a ny other entity. Premises is defined as the City property and/or facilities used for the event. 2 Sponsor is defined as the person who finances and is responsible for an event. Vendor is defined as someone who offers or sells goods or services. 316.300 Classifications. The City shall assign each event a group number pursuant to the following classifications. If an event qualifies for more than one group, it shall be assigned to the lowest group number for which it qualifies. The classifications are established for purposes of evaluation and issuance of the event permit and for fee and cost applicability. Group I - Prior Lake City Government: Any event co-sponsored by the City of Prior Lake including, but not limited to, City co-sponsored or hosted programs, events and public meetings. City co-sponsorship or hosting of an event must be approved in advance by the City Council. Group II – Prior Lake Civic/Non-Profit Agencies: Any event sponsored by a civic or non- profit agency which is based in or serves the community of Prior Lake. A civic or non -profit group is considered to be based in or serving the community of Prior Lake if at least 75 % of its membership roster resides in the City or in the Prior Lake-Savage school district boundaries. Group II includes but is not limited to, Prior Lake-Savage School District, Prior Lake Rotary, Prior Lake Youth Athletic Associations, Prior Lake Chambe r of Commerce and Prior Lake- based religious organizations. Group III – Prior Lake Residents and Businesses: Any event sponsored by a resident, commercial organization or business located or residing in the City of Prior Lake. Group IV –Other: Any event sponsored by any other person, including but not limited to, League of Women Voters, political meetings, rallies or conventions, etc. 316.400 Fees and Costs: The sponsor shall be responsible for all fees and costs related to the event. 316.401 Application Fee: An application fee shall be submitted to the City along with the completed application. The application fee shall be in the amount set forth in the City Fee Schedule for the year in which the application is submitted. 316.402 Facility Usage Fee: A facility usage fee shall be submitted to the City after the event permit has been approved but prior to its issuance. The facility usage fee shall be in the amount set forth in the City Fee Schedule for the year in which the permit is issued. 316.403 City Costs. The sponsor shall be responsible for all costs incurred by the City in relation to the event including any damage that may occur as a result of the event. The costs include, but are not be limited to the following: a) Electricity b) Water c) Use of City equipment d) Staff time for: street closures, posting of no parking signs, assistance with crowd control, delivery, set up and tear down of equipment, etc. e) Repair and restoration for any damage to public or private property 3 f) Additional police and/or fire protection or other City services 316.404 Deposit. After the event permit has been approved but prior to its issuance, the sponsor shall deposit with the City a cash escrow for the costs incurred by the City in conjunction with the event (“costs”). The City shall deduct from the escrow all costs actually incurred. Any portion of the escrow not retained by the City shall be returned to the sponsor within 60 days of the completion of the event. The amount of the escrow shall set by the City based upon an estimate of the costs to be incurred by the City and the damage that may occur. The estimate is only an estimate and does not limit the responsibility of the sponsor to pay all costs incurred by the City. If the costs exceed the escrow the City may, at any time, require that additional funds be paid into the escrow. Regardless of whether additional funds are paid into the escrow, if the costs exceed the escrow after the event is complete, the City shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. 316.405 Waiver: All fees and costs shall be waived for Group I events. The application fee shall be waived for Group II events. In addition, any sponsor may request waiver of any costs or fees imposed b y this subsection. Waivers may only be approved by the City Council and shall meet the public purpose expenditure guidelines as follows: a) promotes the health, safety, and welfare of the city, and b) does not have as its primary objective the benefit of a private interest. 316.500 Permit required: An event permit is required to hold a community event within the City. 316.501 Exceptions: An event permit is not required for the following: a) Community events sponsored by the City of Prior Lake. b) Funerals and funeral processions. c) Non-commercial, private events held in City parks, such as weddings, graduation parties or reunions.(Note: private events requesting public services will be billed for those services.) 316.600 Application: A complete application shall be submitted to the City at least 45 days but no more than 270 days in advance of the event, except that certain large scale annual events approved in advance by the City Council may apply up to 360 days in advance of the event. Application forms are available at the City. The application shall indicate the proposed priority classification, identify the premises to be used, include all other information requested by the City and shall be accompanied by an application fee. 316.601 Issuance: The City Manager or his/her designee may approve or deny the event permit or the event permit may be referred to the City Council for approval or denial. 316.602 Evaluation Criteria: The criteria listed below will be used in evaluating each event permit in relation to costs, waivers, street closures and other conditions and/or regulations. Please note that not all criteria apply to every event. a) Event classification as set forth in subsection 316.300. b) Event has wider community benefit beyond supporting organization. c) Event is marketed beyond Prior Lake with the potential to attract visitors from a broader region that will contribute to the local economy. 4 d) Event is presented by proven organization and supported with sufficient volunteers. e) Event will build/enhance community. f) Event meets public purpose expenditure guidelines: i) promotes the health, safety, and welfare of the city, and ii) does not have as its primary objective the benefit of a private interest. g) Events that have previously received approval will be required to provide a recap of the previous event to include estimated attendance, marketing and economic benefit. h) Number and type of comments or complaints relating to the event and whether such comments and complaints have been substantiated. i) Extensiveness of street closures for event. 316.603 Scheduling: Upon receipt of a complete application the City will tentatively place the event on the calendar if the requested date(s) are available. Once placed on the calendar, the event will only be removed if the application is withdrawn or denied. There is no assurance the City will be able to accommodate future recurring events on the same or similar dates. 316.604 Grounds for Denial: An event permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the following: a) The type of event is not permitted by zoning or other law, statute, rule or regulation. b) The location of the community event would cause undue hardship for adjacent businesses or residents. c) Another community event has already been approved at the same time requested by the sponsor or so close in time as to cause traffic congestion, or to create a situation where the City is unable to meet the needs to provide for law enforcement and other City services for both community events. d) The community event is of a size or nature that requires the diversion of too many law enforcement officers to properly police the event site and contiguous areas, and/or that allowing the community event would unreasonably deny law enforcement protection to the remainder of the City and its residents. e) The time, route, hours, location or size of the community event could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. f) The location of the community event will interfere with previously scheduled construction or maintenance work. g) Failure to provide a completed application and fees, or providing false or misleading information. h) The sponsor fails to comply with liability insurance requirements or the sponsor's insurance lapses or is canceled. i) The sponsor fails to agree to abide or comply with all of the conditions and terms of the community event permit and this Section. j) The community event would seriously inconvenience the general public's use of public property, services, or facilities. k) The community event would create or constitute a public nuisance. l) The community event could cause significant damage to public property or facilities. m) The event is contrary to the promotion of health, safety, and welfare of the City. n) The community event would engage in or encourage participants to engage in illegal acts. o) The sponsor is a minor at the time of the event. 5 p) The sponsor hosted a previous event that violated this Section. q) The sponsor has delinquent fees, charges or other outstanding financial claims with the City. 316.605 Appeal of Denial: Any sponsor aggrieved by a decision of the City Manager or his/her designee in relation to issuance of an event permit may appeal the decision to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after date of the decision, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for hearing. 316.700 Permit Conditions: The City may attach such reasonable conditions to the event permit as are deemed necessary to protect the public health, safety and welfare, including, but not limited to the following: a) Location and hours during which the event may be held. b) Sanitation/availability of potable water. c) Security/crowd management. d) Parking and traffic issues. e) Emergency event notification and evacuation plan. f) Clean-up of premises and surrounding area/trash disposal. g) Lighting. h) Fire service/safety. i) Temporary construction, barricades/fencing. j) Removal of advertising/promotional materials. k) Noise levels. l) Alcohol consumption. m) Notification of surrounding businesses/property owners regarding street closures and event related restrictions. n) Any other conditions which the City deems necessary. 316.800 ADDITIONAL REQUIREMENTS: 316.801 Rules and Regulations: All events are subject to all applicable federal, state and local laws, rules and regulations. 316.802 Permits/Licenses/Approvals: The sponsor shall obtain all permits, licenses and/or approvals required by all applicable federal, state and local laws, rules and regulations for the event including but not limited to liquor licenses, electrical permits, outdoor event permits, and amplified sound permits. 316.803 Maintenance of public property: The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the event; and provide adequate portable toilets if needed. Sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for collection of recyclables. Sponsor shall be responsible for repair of any damages to any private or public property resulting from the event. 6 316.804 Street Closures: Street closures must be approved by the City Manager or his/her designee in advance. Considerations in determining whether to approve a street closure shall include but not be limited to: effects on public safety, effects on traffic, duration and frequency of closures, other events already permitted, and effect on City services or work. 316.805 Insurance: Sponsor and vendors shall maintain the insurance required by the City for the event and shall provide proof of such insurance to the City. 316.806 Maintenance of Animals: Sponsor may be permitted to allow cattle, horses, and other approved animals on the premises if approved with the event permit. The permit may allow animals on the premises for a reasonable period before and after the particular show or event. The animals shall be maintained in a humane and orderly fashion so as to not cause a disturbance to the public. Sponsor shall clean up the premises of any animal waste or feed immediately after the conclusion of the event. 316.807 Waivers: The City may require waivers from participants in any community event. If such waivers are required the sponsor shall provide them to the City prior to participation. No person shall be permitted to participate in the event without providing a signed waiver. 316.900 Responsibility of Sponsor: The sponsor shall be responsible to ensure that the event activities and participants shall not violate the terms of the event permit or any federal, state or local law, rule or regulation. 316.1000 Violations or Complaints: Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to an event may be grounds for denial of future event permits for the sponsor. 316.1100 Enforcement: Any violation of this Section or of an event permit issued pursuant to this Section is subject to enforcement by any or all of the following: a) If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Section 605 of the City Code. b) Any violation is grounds for revoking the event permit or denying future applications for an event permit. c) Any violation shall constitute a misdemeanor and may be prosecuted as such. d) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. 316.1200 Revocation: a) The City staff may recommend revocation of an event permit to the City Manager. The City Manager shall review the recommendation and the reasons supporting the recommendation and may revoke the event permit. The City Manager shall provide written notice of the revocation in person or by mail to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and if the event has not completed it shall immediately cease operations. The notice shall info rm the sponsor of the right to appeal the decision of the City Manager to the City Council. 7 b) Any sponsor aggrieved by the revocation may appeal to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. The City Manager may, in his or her sole discretion, stay the revocation of the event permit pending the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for hearing. 2. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 3. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of March 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Published in the Prior Lake American on the 19th day of March 2016. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On March 14, 2016 the City Council adopted Ordinance No. ____ amending Part 3 of the Prior Lake City Code by inserting a new Section 316 relating to Community Events; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Part 3 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. _____________ is lengthy. 3. The text of summary of Ordinance No. __________________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after March 19, 2016. PASSED AND ADOPTED THIS 14th DAY OF MARCH 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. __________ CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING CITY CODE PART 3 BY INSERTING A NEW SECTION 316 RELATING TO COMMUNITY EVENTS AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. ____________. The full text will be available for public inspection after March 19, 2016 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Part 3 of the City Code by inserting a new Section 316 related to Community Events, including permit requirements, permit processing, scheduling and regulation of events. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 14th day of March 2016. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kenneth L. Hedberg, Mayor Summary published in the Prior Lake American on the 19th day of March 2016. SECTION 316 COMMUNITY EVENTS 316.100: FINDINGS: The City of Prior Lake recognizes the value of community events in building a vibrant and healthy community. The City promotes regular and active use of public property and encourages a wide variety of community events. The purpose of this Section is to provide guidance to event organizers, to ensure a safe and successful event, and to ensure that: a) Approval or denial of community event permits are considered using an open, inclusive, and transparent method based on uniform criteria. b) Appropriate insurances and licenses are obtained, and the City's risk exposure is properly evaluated. c) Adequate protection of public health, safety and welfare of citizens is provided for. d) Adequate staffing levels are in place. Community events can often exceed the City's capacity to provide usual City services. Regulations are necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other considerations, the impact of such events on parking and vehicular traffic within the City, and expenditure of City funds. All events are subject to all applicable federal, state and local rules and regulations. 316.200 Definitions: For purposes of this Section, the following terms shall have the following meanings: Community Event or Event is defined as a gathering of at least 25 individuals on Citypublic property or in a Citypublic facility, assembled with a common purpose. Community events include, but are not limited to: concerts, fairs, carnivals, circuses, parades, athletic tournaments, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or events of similar nature. Community events also include the use of any City property or facility location in the City for a commercial venturevideo or film production regardless of the number of individuals involved in the project. Person is defined as a natural person, association, organization, club, group formed for a common purpose, partnership of any kind, lLimited Lliability Ccompany, corporation or any other legal entity. Premises is defined as the Citypublic property and/or facilities used for the event. Sponsor is defined as the person who finances and is responsible for an event. Vendor is defined as someone who offers or sells goods or services. 316.300 Classifications. The City shall assign each event a group number pursuant to the following classifications. If an event qualifies for more than one group, it shall be assigned to the lowest group number for which it qualifies. The classifications are established for purposes of evaluation and issuance of the event permit and for fee and cost applicability. Group I - Prior Lake City Government: Any event co-sponsored by the City of Prior Lake including, but not limited to, City Council, Board and Commission meetings, City sponsored/co-sponsored or hosted programs, events and public meetings. City sponsorship/co-sponsorship or hosting of an event must be approved in advance by the City Council. Group II – Prior Lake Civic/Non-Profit Agencies: Any event sponsored by a civic or non-profit agency which is based in or serves the community of Prior Lake. A civic or non-profit group is considered to be based in or serving the community of Prior Lake if at least 75% of its membership roster resides in the City or in the Prior Lake-Savage school district boundaries. Group II includes but is not limited to, Prior Lake-Savage School District, Prior Lake Rotary, Prior Lake Youth Athletic Associations, Prior Lake Chamber of Commerce and Prior Lake-based religious organizations. Group III – Prior Lake Residents and Businesses: Any event sponsored by a resident, commercial organization or business located or residing in the City of Prior Lake. Group IV –Other: Any event sponsored by any other person, including but not limited to, League of Women Voters, political meetings, rallies or conventions, etc. 316.400 Fees and Costs: The sponsor shall be responsible for all fees and costs related to the event. 316.401 Application Fee: An application fee shall be submitted to the City along with the completed application. The application fee shall be in the amount set forth in the City Fee Schedule for the year in which the application is submitted. 316.402 Facility Usage Fee: A facility usage fee shall be submitted to the City after the event permit has been approved but prior to its issuance of the event permit.. The facility usage fee shall be in the amount set forth in the City Fee Schedule for the year in which the permit is issued. 316.403 City Costs. The sponsor shall be responsible for all costs incurred by the City in relation to the event including any damage that may occur as a result of the event. The costs include, but are not be limited to the following: a) Electricity b) Water c) Use of City equipment d) Staff time for: street closures, posting of no parking signs, assistance with crowd control, delivery, set up and tear down of equipment, etc. e) Repair and restoration for any damage to public or private property f) Additional police and/or fire protection or other City services 316.404 Deposit.. After the event permit has been approved but prior to its issuance of the event permit, the sponsor shall deposit with the City a cash escrow for the estimated costs expected to be incurred by the City in conjunction with the event. (“costs”). The City shall deduct all costs incurred from the escrow all costs actually incurred. Any portion of the escrow not retained by the City shall be returned to the sponsor within 60 days of the completion of the event. The amount of the escrow shall set by the City based upon an estimate of the costs to be incurred by the City and the damage that may occur. The estimate is only an estimate and does not limit the responsibility of the sponsor to pay all costs incurred by the City as a result of the event.. If the costs incurred by the City exceed the escrow the City may, at any time, require that additional funds be paid into the escrow. Regardless of whether additional funds are paid into the escrow, if the costs incurred by the City exceed the escrow after the event is complete, the City shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. The costs include, but are not be limited to the following: a) Electricity b)a) Water c)a) Use of City equipment d)a) Staff time for: street closures, posting of no parking signs, assistance with crowd control, delivery, set up and tear down of equipment, etc. e)a) Repair and restoration for any damage to public or private property f)a) Additional police and/or fire protection or other City services 316.404 Deposit. A refundable deposit may be required depending on the size of the event and the premises to be used. If a deposit is required it shall be provided to the City prior to issuance of the event permit. The City may retain all or a portion of the deposit to pay for any damage resulting from the event, any City costs incurred that are not paid for within 30 days of receipt of an invoice, and/or any failure to comply with the event permit or any part of this Section. Any portion of the deposit not retained by the City shall be returned to the sponsor within 60 days of the completion of the event. 316.405 Waiver: All fees and costs shall be waived for Group I events. The application fee shall be waived for Group II events. In addition, any sponsor may request waiver of any costs or fees imposed by this subsection. Waivers may only be approved by the City Council and shall meet the public purpose expenditure guidelines as follows: a) promotes the health, safety, and welfare of the city, and b) does not have as its primary objective the benefit of a private interest. 316.500 Permit required: An event permit is required to hold a community event within the City. 316.501 Exceptions: An event permit is not required for the following: a) Community events sponsored by the City of Prior Lake. b) Funerals and funeral processions. c) Events located on the grounds of any school, playground, place of worship, hotel conference center, stadium, school athletic fields, arena, auditorium, or similar permanent place of assembly when used for regularly established assembly purposes. d) Block parties. e)c) Non-commercial, private events held in City parks, on private property or in public parks such as weddings, graduation parties or reunions.other private social parties. (Note: private events on private property requesting public services will be billed for those servicesdirectly.) 316.600 Application: A complete application shall be submitted to the City at least 45 days in advance of the event.but no more than 270 days in advance of the event, except that certain large scale annual events approved in advance by the City Council may apply up to 360 days in advance of the event. Application forms are available at the City. The application shall indicate the proposed priority classification, identify the premises to be used, include all other information requested by the City and shall be accompanied by an application fee. 316.601 Issuance: The City Manager or his/her designee may approve or deny the event permit or the event permit may be referred to the City Council for approval or denial. 316.602 Evaluation Criteria: The criteria listed below will be used in evaluating each event permit in relation to costs, waivers, street closures and other conditions and/or regulations. Please note that not all criteria apply to every event. a) Event classification as set forth in subsection 316.300. b) Event has wider community benefit beyond supporting organization. c) Event is marketed beyond Prior Lake with the potential to attract visitors from a broader region that will contribute to the local economy. d) Event is presented by proven organization and supported with sufficient volunteers. e) Event will build/enhance community. f) Event meets public purpose expenditure guidelines: i) promotes the health, safety, and welfare of the city, and ii) does not have as its primary objective the benefit of a private interest. g) Events that have previously received approval will be required to provide a recap of the previous event to include estimated attendance, marketing and economic benefit. g)h) Number and type of comments or complaints relating to the event and whether such comments and complaints have been substantiated. h)i) Extensiveness of street closures for event. 316.603 Scheduling: Upon receipt of a complete application the City will tentatively place the event on the calendar if the requested date(s) are available. Once placed on the calendar, the event will only be removed if the application is withdrawn or denied. There is no assurance the City will be able to accommodate future recurring events on the same or similar dates. 316.604 Grounds for Denial: An event permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the following: a) The type of event is not permitted by zoning or other law, statute, rule or regulation. b) The location of the community event would cause undue hardship for adjacent businesses or residents. c) Another community event has already been approved at the same time requested by the sponsor or so close in time as to cause traffic congestion, or to create a situation where the City is unable to meet the needs to provide for law enforcement and other City services for both community events. d) The community event is of a size or nature that requires the diversion of too many law enforcement officers to properly police the event site and contiguous areas, and/or that allowing the community event would unreasonably deny law enforcement protection to the remainder of the City and its residents. e) The time, route, hours, location or size of the community event could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. f) The location of the community event will interfere with previously scheduled construction or maintenance work. g) Failure to provide a completed application and fees, or providing false or misleading information. h) The sponsor fails to comply with liability insurance requirements or the sponsor's insurance lapses or is canceled. i) The sponsor fails to agree to abide or comply with all of the conditions and terms of the community event permit and this Section. j) The community event would seriously inconvenience the general public's use of public property, services, or facilities. k) The community event would create or constitute a public nuisance. l) The community event could cause significant damage to public property or facilities. m) The event is contrary to the promotion of health, safety, and welfare of the City. n) The community event would engage in or encourage participants to engage in illegal acts. o) The sponsor is a minor at the time of the event. p) The sponsor hosted a previous event that violated this Section. q) The sponsor has delinquent fees, charges or other outstanding financial claims with the City. 316.605 Appeal of Denial: Any sponsor aggrieved by the deniala decision of an the City Manager or his/her designee in relation to issuance of an event permit may appeal the decision to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after date of the decisiondenial, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for hearing. 316.700 Permit Conditions: The City may attach such reasonable conditions to the event permit as are deemed necessary to protect the public health, safety and welfare, including, but not limited to the following: a) Location and hours during which the event may be held. b) Sanitation/availability of potable water. c) Security/crowd management. d) Parking and traffic issues. e) Emergency event notification and evacuation plan. f) Clean-up of premises and surrounding area/trash disposal. g) Lighting. h) Fire service/safety. i) Temporary construction, barricades/fencing. j) Removal of advertising/promotional materials. k) Noise levels. l) Alcohol consumption. m) Notification of surrounding businesses/property owners regarding street closures and event related restrictions. n) Any other conditions which the City deems necessary. 316.800 ADDITIONAL REQUIREMENTS: 316.801 Rules and Regulations: All events are subject to all applicable federal, state and local laws, rules and regulations. 316.802 Permits/Licenses/Approvals: The sponsor shall obtain all permits, licenses and/or approvals required by all applicable federal, state and local laws, rules and regulations for the event including but not limited to liquor licenses, electrical permits, outdoor event permits and amplified sound permits. 316.803 Maintenance of public property: The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the event; and provide adequate portable toilets if needed. Sponsor shall instruct all vendors about recycling requirements and shall provide receptacles for collection of recyclables. Sponsor shall be responsible for repair of any damages to any private or public property resulting from the event. 316.804 Street Closures: Street closures must be approved by the City Manager or his/her designee in advance. Considerations in determining whether to approve a street closure shall include but not be limited to: effects on public safety, effects on traffic, duration and frequency of closures, other events already permitted, and effect on City services or work. 316.805 Insurance: Sponsor and vendors shall maintain the insurance required by the City for the event and shall provide proof of such insurance to the City. 316.806 Maintenance of Animals: Sponsor maywill be permitted to allow cattle, horses, and other approved animals on the premises if approved with the event permit. The permit may allow animals on the premises for a reasonable period before and after the particular show or event. The animals shall be maintained in a humane and orderly fashion so as to not cause a disturbance to the public. Sponsor shall clean up the premises of any animal waste or feed immediately after the conclusion of the event. 316.807 Waivers: The City may require waivers from participants in any community event. If such waivers are required the sponsor shall provide them to the City prior to participation. No person shall be permitted to participate in the event without providing a signed waiver. 316.900 Responsibility of Sponsor: The sponsor shall be responsible to ensure that the event activities and participants shall not violate the terms of the event permit or any federal, state or local law, rule or regulation. 316.1000 Violations or Complaints: Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to an event may be grounds for denial of future event permits for the sponsor. 316.1100 Enforcement: Any violation of this Section or of an event permit issued pursuant to this Section is subject to enforcement by any or all of the following: a) If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Section 605 of the City Code. b) Any violation is grounds for revoking the event permit or denying future applications for an event permit. c) Any violation shall constitute a misdemeanor and may be prosecuted as such. d) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. 316.1200 Revocation: a) The City staff may recommend revocation of an event permit to the City Manager. The City Manager shall review the recommendation and the reasons supporting the recommendation and may revoke the event permit. The City Manager shall provide written notice of the revocation in person or by mail to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and if the event has not completed it shall immediately cease operations. The notice shall inform the sponsor of the right to appeal the decision of the City Manager to the City Council. b) Any sponsor aggrieved by the revocation may appeal to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. The City Manager may, in his or her sole discretion, stay the revocation of the event permit pending the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the sponsor at his/her last known address at least five (5) days prior to the date set for hearing.