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HomeMy WebLinkAbout307: Public and Private Gathering Business Regulations City of Prior Lake 307/p1 SECTION 307 PUBLIC AND PRIVATE GATHERING ORDINANCE SUBSECTIONS: 307.100: DEFINITIONS 307.200: PERMITS REQUIRED 307.300: GATHERING PERMIT FEES AND COSTS 307.400: GATHERING PERMIT APPLICATION 307.500: GATHERING PERMIT CONDITIONS 307.600 GATHERING PERMIT ADDITIONAL REQUIREMENTS 307.700: GATHERING PERMIT RESPONSIBILITY OF SPONSOR 307.800: GATHERING PERMIT VIOLATIONS OR COMPLAINTS 307.900: GATHERING PERMIT ENFORCEMENT 307.1000: GATHERING PERMIT REVOCATION 307.1100: RENTAL PERMITS 307.1200: FUTURE EVENTS 307.100: DEFINITIONS: Gathering is a planned occasion or activity where 2 or more individuals are assembled for a common purpose. 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 any other entity. Premises is defined as the property and/or facilities used for the gathering. Private Property includes all property and facilities that are not public property. Public Property includes all property and facilities owned, leased, or controlled by the City. Sound Amplification is increasing the amplitude of the signal of a sound by electronic means, amplification includes the use of microphones and/or speakers. Sponsor is the person who finances and is responsible for a gathering. 307.200 PERMITS REQUIRED: 307.201 Gathering Permit. No outdoor gathering on public or private property where at least 50 individuals are gathered and sound amplification is used may be held within the City without a gathering permit under this Section, except as follows: a) A gathering permit is not required if the gathering is a Community Event as defined by Business Regulations City of Prior Lake 307/p2 City Code Section 316. b) A gathering permit is not required for funerals and funeral processions. c) A gathering permit is not required for the use of announcing equipment for a sporting event unless the sporting event will exceed four hours in length. d) A gathering permit is not required for a restaurant located in a town center, commercial or industrial zoning district to play outdoor amplified dinner music, live or otherwise (“Dinner Music”), if played in compliance with the following conditions:  Dinner Music may be played only between 3:00 p.m. and 8:00 p.m. Thursday through Saturday;  Dinner Music may only be played twenty (20) days per year;  Dinner Music shall not exceed a decibel level of sixty-five (65) decibels as measured at any lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 1101.400); and  Dinner Music is subject to City Code Section 605 relating to Public Nuisances. All gathering permits shall be subject to City Code Subsections 307.300 through 307.1000 below. 307.202 Rental Permit. No gathering may be held on public property within the City without a rental permit under this Section, except as follows: No rental permit shall be required if the gathering is a Community Event as defined by City Code Section 316 or if the gathering is subject to a gathering permit under this City Code Section 307. All rental permits shall be subject to City Code Subsection 307.1100 below. 307.300 GATHERING PERMIT FEES AND COSTS: The sponsor shall be responsible for all fees and costs related to the gathering. 307.301 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. 307.302 Facility Usage Fee: If a gathering occurs on public property a facility usage fee shall be submitted to the City with the completed application. 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. 307.303 City Costs. The sponsor shall be responsible for all costs incurred by the City in relation to the gathering including any damage that may occur as a result of the gathering. The costs may include, but are not be limited to the following: use of City equipment, repair and restoration for any damage to public or private property, and additional police and/or fire protection or other City services. 307.304 Deposit. The City may require the payment of a deposit for a gathering. If such a deposit is required, the sponsor shall deposit with the City a cash escrow for the costs incurred by the City in conjunction with the gathering (“costs”). The cash escrow shall be deposited with the City after the gathering permit has been approved but prior to its issuance, 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 gathering. The amount of the escrow shall be 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 Business Regulations City of Prior Lake 307/p3 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 gathering is complete, the City shall invoice the sponsor for the difference. The invoice shall be paid within 30 days of receipt. 307.400 GATHERING PERMIT APPLICATION: A complete application shall be submitted to the City on a form supplied by the City at least 30 days prior to the gathering. The City may, in its discretion, accept an application that is not submitted at least 30 days prior to the gathering. The application shall identify the property where the gathering is to occur, include consent by the owner for use of private property or a request to use public property, include all other information requested by the City and shall be accompanied by an application fee and a facility usage fee if applicable. 307.401 Issuance: The City Manager’s designee may approve or deny the gathering permit. 307.402 Grounds for Denial: A gathering 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 gathering is not permitted by zoning or other law, statute, rule or regulation. b) The location of the gathering would cause undue hardship for adjacent businesses or residents. c) Another gathering 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 gatherings. d) The gathering is of a size or nature that requires the diversion of too many public safety officers to properly serve the gathering site and contiguous areas, and/or that allowing the gathering would unreasonably deny public safety protection to the remainder of the City and its residents. e) The time, route, hours, location or size of the gathering could cause a threat to public safety, interference with normal traffic flow, congestion, or inconvenience to the public. f) The location of the gathering 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 agree to abide by or comply with all of the conditions and terms of the gathering permit and this Section. i) The gathering would seriously inconvenience the general public's use of public property, services, or facilities. j) The gathering would create or constitute a public nuisance. k) The gathering could cause significant damage to public property or facilities. l) The gathering is contrary to the promotion of health, safety, and welfare of the City. m) The gathering would engage in or encourage participants to engage in illegal acts. n) The sponsor is a minor at the time of the gathering. o) The sponsor hosted a previous gathering that violated this Section. p) The sponsor has delinquent fees, charges or other outstanding financial claims with the City. 307.403 Appeal of Denial: Any sponsor aggrieved by a decision of the City Manager’s designee in Business Regulations City of Prior Lake 307/p4 relation to issuance of a gathering permit may appeal the decision to the City Manager. Such appeal shall be taken by filing with the City Manager within ten (10) days after the date of the decision, a written statement requesting a hearing before the City Manager and fully setting forth 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 the hearing. 307.500 GATHERING PERMIT CONDITIONS: The City may attach such reasonable conditions to the gathering 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 gathering may be held. b) Sanitation/availability of potable water. c) Security/crowd management. d) Parking and traffic issues. e) Emergency gathering 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 gathering related restrictions. n) Any other conditions which the City deems necessary. 307.600 GATHERING PERMIT ADDITIONAL REQUIREMENTS: 307.601 Rules and Regulations: All gatherings are subject to all applicable federal, state and local laws, rules and regulations. 307.602 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 gathering including but not limited to liquor licenses and electrical permits. 307.603 Maintenance of property: The sponsor shall keep the premises in a sanitary condition; remove all trash during and after the gathering; 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 gathering. 307.604 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 gatherings already permitted, and effect on City services or work. 307.605 Noise: In no circumstances shall the gathering exceed a noise level of 65 decibels as Business Regulations City of Prior Lake 307/p5 measured at any lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 1101.400). 307.606 Notice: The City may require written notification of neighboring property owners or tenants. If such notice is required it shall be provided to all properties within 500 feet of each lot line of the property on which the gathering is held (as “lot line” and “property” are defined in City Code Section 1101.400) and shall include the name of the gathering, the name of the sponsor, the date, time and hours of the gathering, and the name and phone number for a contact person(s) who will be available at the time of the gathering. 307.700 GATHERING PERMIT RESPONSIBILITY OF SPONSOR: The sponsor shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the gathering permit or any federal, state or local law, rule or regulation. 307.800 GATHERING PERMIT VIOLATIONS OR COMPLAINTS: Permit violations, nuisance complaints, code enforcement issues, or violations of any law, rule or regulation attributed to a gathering may be grounds for denial of future gathering permits. 307.900 GATHERING PERMIT ENFORCEMENT: Any violation of this Section or of a gathering 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 gathering permit or denying future applications for a gathering 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. 307.1000 GATHERING PERMIT REVOCATION: a) The Chief of Police may revoke a permit by written notice to the sponsor or a representative of the sponsor. The revocation shall be effective immediately upon receipt of notice and if the gathering has not completed it shall immediately cease operations. The notice shall inform the sponsor of the right to appeal the decision to the City Manager. b) Any sponsor aggrieved by the revocation may appeal to the City Manager. Such appeal shall be taken by filing with the City Manager within ten (10) days after the date of issuance of the written revocation notice, a written statement requesting a hearing before the City Manager and fully setting forth the grounds for the appeal. The City Manager may, in his or her sole discretion, stay the revocation of the gathering 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 the hearing. Business Regulations City of Prior Lake 307/p6 307.1100 RENTAL PERMITS: 307.1101 Application and Issuance: A complete application shall be submitted to the City on a form supplied by the City. The City Manager’s designee may approve or deny the rental permit. A rental permit may be denied based on any reasonable facts or circumstances relating to public health, safety and welfare including, but not limited to, the facts and circumstances identified for the denial of a gathering permit as set forth in City Code Subsection 307.402. 307.1102 Fees and Costs: a) The permit holder shall be responsible for payment of all fees imposed in relation to the use of the public property and the rental permit. The fees shall be set forth in the City fee schedule and may include, but are not limited to, an application fee and a facility usage fee. b) The permit holder shall be responsible for payment of all costs incurred by the City in relation to the gathering including any damage that may occur as a result of the gathering. The costs may include, but are not limited to the following: use of City equipment, repair and restoration for any damage to public or private property, and additional police and/or fire protection or other City services. The City may require a deposit for costs incurred by the City. If a deposit is required it shall be administered in the same manner as a deposit for a gathering permit as set forth in City Code Subsection 307.304. 307.1103 Denial or Revocation: A rental permit may be denied or revoked in the same manner as a gathering permit as set forth in City Code Subsections 307.402 and 307.1000. A denial or revocation may be appealed in the same manner as a gathering permit as set forth in City Code Subsections 307.403 and 307.1000. 307.1104 Conditions: A rental permit may be conditioned in the same manner as a gathering permit as set forth in City Code Subsection 307.500. 307.1105 Additional Requirements: A rental permit is subject to all additional requirements that a gathering permit is subject to as set forth in City Code Subsection 307.600. 307.1106 Rules and Regulations: All gatherings are subject to all applicable federal, state and local laws, rules and regulations. The permit holder shall obtain all permits, licenses and/or approvals required by all applicable federal, state and local laws, rules and regulations for the gathering including but not limited to liquor licenses and electrical permits. 307.1107 Responsibility of Permit Holder: The permit holder shall be responsible to ensure that the gathering activities and participants shall not violate the terms of the rental permit or any federal, state or local law, rule or regulation. 307.1108 Enforcement: Any violation of this Subsection 307.1100 or of a rental permit issued pursuant to this Subsection 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 rental permit or denying future applications for a rental permit. c) Any violation shall constitute a misdemeanor and may be prosecuted as such. Business Regulations City of Prior Lake 307/p7 d) Any violation may result in retention of all or a portion of the deposit or recovery of additional costs. (Ord. Amd. In Full 002-13, publ. 07/20/2002) (Ord. Amd. In Full 116-24, publ. 12/17/2016) This space intentionally left blank for future amendments.