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HomeMy WebLinkAbout316: Community EventsBusiness Regulations Prior Lake 315/p1 SECTION 316 COMMUNITY EVENTS SUBSECTIONS: 316.100: FINDINGS 316.200: DEFINITIONS 316.300: CLASSIFICATIONS 316.400: FEES AND COSTS 316.500: PERMIT REQUIRED 316.600: APPLICATION 316.700: PERMIT CONDITIONS 316.800: ADDITIONAL REQUIREMENTS 316.900: RESPONSIBILITY OF SPONSOR 316.1000: VIOLATIONS OR COMPLAINTS 316.1100: ENFORCEMENT 316.1200: REVOCATION 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 open to the public, 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. Business Regulations Prior Lake 315/p2 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. (Ord. Amd. 116-25, publ. 12/17/2016) Premises is defined as the City 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 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 it’s mailing address is 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. The application fee shall be waived for Group I and Group II events. (Amd. Ord. 117-04, publ. 04/01/2017) 316.402 Facility Usage Fee: Athletic Tournament Fee: For each athletic tournament, an athletic tournament fee in the amount of $300 per tournament shall be submitted to the City after the event permit has been approved but prior to its issuance. (Amd. Ord. 117-04, publ. 04/01/2017) Business Regulations Prior Lake 315/p3 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 service Co-sponsors of Group I events shall pay a percentage of the costs, as determined by the City Manager in his/her sole discretion, proportionate to the level of sponsorship. (Amd. Ord. 117-04, publ. 04/01/2017) 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 th e 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 r esponsibility 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. 316.500 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 facilities or on City property, such as weddings, graduation parties or reunions. (Note: private events requesting public services will be billed for those services.) (Ord. Amd. 116-25, publ. 12/17/2016) 316.600 APPLICATION: A complete application shall be submitted to the City at least 45 days but no more than 270 days in advance, 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 used, provide projected revenues and expenses as well as prior year revenues and expenses if applicable, include all other information requested by the City and shall be accompanied by an application fee. (Ord. Amd. 119-03, publ. 03/09/2019) Business Regulations Prior Lake 315/p4 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) Prior year and projected revenues and expenses. f) Event will build/enhance community. g) 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. h) 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. i) Number and type of comments or complaints relating to the event and whether such comments and complaints have been substantiated. j) 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 public safety officers to properly police the event site and contiguous areas, and/or that allowing the community event would unreasonably deny public safety protection to the remainder of the City and its residents. (Ord. Amd. 116-25, publ. 12/17/2016) 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 Business Regulations Prior Lake 315/p5 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 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 Business Regulations Prior Lake 315/p6 for the event including but not limited to liquor licenses, and electrical permits. (Ord. Amd. 116-25, publ. 12/17/2016) 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 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. 316.808 Noise: In no circumstances shall the event exceed a noise level of 65 decibels as measured at any lot line of the property on which the event is held (as “lot line” and “property” are defined in City Code Section 1101.400); except that a non-profit sponsor, hosting an annual event which lasts at least two days, benefits the community, expects to host at least 5,000 people and has occurred at least twice, may apply for a higher noise level not to exceed 78 decibels measured as set forth above. The request for a higher noise level shall be included in the event permit application and the approval of the higher noise level may be approved or denied in the sole discretion of the City Manager, taking into consideration the sponsor’s previous events, location of the event and any noise mitigation provided. If a higher noise level is approved in the event permit, noise up to the approved level consistent with the event permit shall not constitute a public nuisance pursuant to City Code Section 605. (Ord. Amd. 116-25, publ. 12/17/2016; Ord. Amd. 118-17, publ. 11/17/2018) 316.809 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 event is held (as “lot line” and “property” are defined in City Code Section 1101.400) and shall include the name of the event, the name of the sponsor, the date, time and hours of the event, and the name and phone number for a contact person. (Ord. Amd. 116-25, publ. 12/17/2016) Business Regulations Prior Lake 315/p7 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 (Adopted Ord. 116-03, pub. 03/19/16) Business Regulations Prior Lake 315/p8 This Section Left Intentionally Blank