HomeMy Public PortalAboutORD-CC-2017-17CITY OF MOAB ORDINANCE NO. 2017-17, AN ORDINANCE AMENDING CHAPTER 5.09 OF
THE MOAB MUNICIPAL CODE PERTAINING TO THE REGULATION OF SPECIAL EVENTS
These findings describe the intent and purpose of this ordinance:
a. The City of Moab possesses authority pursuant to U.C.A. § 10-1-203(2) and other statutes
to regulate business activities and public gatherings for the purpose of protecting the public health
and safety;
b. From time to time the City undertakes to review and update its ordinances for the
purposes of assuring that regulations are reasonable and appropriate;
c. The City has experienced an increase in the number, size, and variety of special events; and
d. These amendments are necessary to provide for efficient permitting decisions, and to
protect the public health, safety, and welfare.
Chapter 5.09 of the Moab Municipal Code is hereby repealed and replaced with:
Chapter 5.09
SPECIAL EVENT PERMITS
Sections:
5.09.010 Definitions
5.09.020 Permits Required; Exceptions
5.09.030 Application and Review Procedure
5.09.040 Concurrent Event Applications
5.09.050 Grounds for Denial
5.09.060 Appeal Procedure
5.09.070 Fees; Hardship Waiver
5.09.080 Sales Tax Collection; Business License
5.09.090 Permit Revocation
5.09.100 Civil or Criminal Enforcement
5.09.110 Permit Renewal
5.09.010 Definitions.
A. Applicant means the person, persons, or entity submitting an application under this chapter
and who is responsible for the conduct of the event. The applicant signs the Special Event Permit
Application and all other documents relevant to the event. The applicant is legally responsible for
compliance with all terms of an issued permit.
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B. Debriefing means a meeting held by the Special Events Review Committee (SERC) within five
business days of the close of the event. Attendance of the applicant at this meeting is mandatory.
C. Fees means all charges assessed by the City of Moab permitting, staffing, equipment
use/rental, property use/rental, set-up, clean-up, inspections, public labor charges, or public
equipment rental charges assessed to a Special Event and established within the event permitting
process. See section 5.09.070.
D. Mass Gatherings are defined by Rule 392-400 of the Utah Administrative Code. Applicants
must contact the Southeastern Utah District Health Department for information about mass
gathering permits and food handling permits to the extent otherwise required by Utah law.
E. Non-profit organization means an organization created and operated to benefit the public
interest and which includes a charitable, educational, scientific, religious, recreational, or artistic
purpose.
F. Permittee means the applicant holding a valid permit under this Chapter.
G. Private Event means an event which is: i) closed to the general public; ii) held entirely on
private property for which such events are a permitted use under MMC Title 17, or City park
property for which a park permit has been obtained; iii) does not require installation of temporary
water, power, cooking, sanitation, or waste management facilities; and iv) does not impact City
personnel, services, or facilities. Private Events are not regulated by this Chapter, however, the
Moab Police Department may take enforcement action in the event of a nuisance, breach of the
peace, noise violation, or the like.
H. Special Event means a sporting, cultural, entertainment, commercial, or similar gathering,
whether held for -profit or on a nonprofit basis, occurring for a limited or fixed duration, not to
exceed fifteen (15) consecutive days, and which is likely to attract a large number of participants or
spectators. By way of illustration, and not of limitation, special events subject to this Chapter
include: concerts, fairs, rallies, athletic events, or temporary sales events. Special Events are
further defined as follows:
1. Level I Event. Events expected to be attended by not more than 200 people per day
and which include one or more of the following:
a. partial or rolling street closures;
b. vendor sales or concessions;
c. amplified sound; or
d. an entrance fee or ticket c h a rg a for the event.
2. Level II Event. Events expected to be attended by more than 200 people per day and
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which may include one or more of the following:
a. full public street closure;
b. vendor sales or concessions;
c. amplified sound; or
d. an entrance fee or ticket c h a rg a for the event.
I. Special Events Review Committee (SERC) means a committee made up of representatives
from City departments including, but not limited to, police, parks, public works, and
representatives from the Southeastern Utah Health Department, Moab Valley Fire Protection
District, and a county special events representative. The Special Events Coordinator or his/her
designee shall be the chair of this committee.
J. Special Events Coordinator means the City employee who administers the provisions of this
Chapter.
K. Speech Event means an activity conducted primarily for the expression of political, social,
religious, cultural or other constitutionally protected speech. Speech Events may include rallies,
picketing, protesting, marching, demonstrating, or debating matters of public concern on any City
street or other property. Speech Events do not include events held in furtherance of a business or
commercial purpose.
L. Street Closure means the deliberate blockage of any public street or City owned parking
facility to prohibit the flow of traffic or access of vehicles.
M. Substantial Change means changes to an existing special event that cause the need for a
different review level or cause the need for review by the City Council. These changes include, but
are not limited to: increased need for street closures; increased need for police support; a change
in duration; an increase in anticipated attendance; or the addition of vendor sales or concessions.
N. Vendor means a person selling food, beverages, souvenirs, or other merchandise at a
special event. The term vendor does not include the sale of memberships in an organization which
is the special event applicant.
O Venue means the location or locations where a special event is held, including all
ingress/egress routes, parking, and necessary facilities for the event.
5.09.020 Permits Required; Exceptions.
A. Any person wishing to hold a Special Event shall first obtain a permit under this Chapter. It
is unlawful for any person to hold a Special Event without obtaining a special event permit. All
permits issued pursuant to this Chapter are non-transferrable and expire on the date specified.
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B. The following activities are exempt from this Chapter:
1. funeral processions by a licensed mortuary;
2. activities lawfully conducted by a governmental agency;
3. filming activities authorized by another type of permit;
4. Private Events as defined in section 5.09.010(H); or
5. Speech Events that do not meet the definitions of a Level I or Level II event.
5.09.030 Application and Review Procedure.
A. All requests for Special Event Permit(s) shall be made on a Special Event application
prescribed by the City. The applicant shall submit the application fee with the completed
application. Application materials are available at City Hall and online at the City of Moab
website, and must be completed and submitted to the Special Event Coordinator according to
the deadlines below unless otherwise approved by the Special Event Coordinator upon a
showing of good cause:
1. not less than sixty (60) days prior to the scheduled opening of any Level I Event;
2. not less than ninety (90) days prior to the scheduled opening of any Level II Event; or
3. not less than seven (7) days prior to a Speech Event.
B. All event applications will be reviewed to determine if the applicant has provided sufficient
plans (including proof of financial responsibility and other licenses), equipment, personnel, and
facilities to provide for the safe and orderly conduct of the event without imposing an
unreasonable burden on public services, other businesses, or adjacent residents. Depending on
the type and size of the event, the Special Event Coordinator may require the applicant to submit
additional documentation, which may include:
1. proof of financial responsibility, which may include damage deposit(s), a
performance bond, and/or liability Insurance sufficient to cover anticipated risks;
2. a transportation and traffic control plan showing parking, ingress/egress routes,
pedestrian access, and emergency access;
3. a staffing and security plan, which shall identify and describe numbers and types of
security personnel, Emergency Medical Services (EMS) and/or fire personnel, other
staff, support facilities, and the like;
4. a facilities plan showing power, lighting, public address, stage, restrooms, waste
disposal, water facilities, vending, and other facilities needed for the event;
5. proof that the applicant has obtained (or will obtain by the date of the event) any
other applicable governmental permits or licenses needed for the event, including,
but not limited to: sales tax licenses, alcohol licenses, access permits, and/or food
service permits from the Southeastern Utah Health Department; and
6. any other information deemed necessary by staff for review of the event.
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C. Upon receipt of a complete Special Event Permit application and the application fee, the
Special Events Coordinator shall schedule the application for review by the SERC. The SERC shall
review and shall have the authority to administratively approve, approve with conditions, or deny
the following applications:
1. Level I applications and renewals; and
2. Level II applications for renewals with no substantial changes from the previous
year's event.
D. Where an application is not subject to approval by the SERC, it shall review the matter and
provide an advisory recommendation to the City Council.
E. The Moab City Council shall review and approve, approve with conditions, or deny the
following applications:
1. applications for new Level II Events; as used herein, a 'new Level II Event' shall
mean any Level II Event being proposed for the first time;
2. an event renewal of a Level I Event that now qualifies as a Level II Event;
3. Level II Event permit renewals where material elements of the event have
substantially changed from the previous application; and
4. a Level II Event which was not renewed for a period exceeding one (1) year.
F. The Special Events Coordinator shall promptly notify the applicant of the SERC
recommendation to Council and of the date the application will be scheduled before the City
Council. The application shall be heard at a duly noticed public meeting. The City Council shall
review the application for compliance with the standards set forth in this Chapter.
G. Conditions which may be required as part of the approval of an event permit may include,
but are not limited to: i) restrictions on duration or hours of operation; ii) restrictions on total
attendance; iii) limitations on vending or alcohol sales; iv) limitations on parking, participant
transportation, ingress/egress; iv) limitations as to noise, dust, glare, or sound amplification; v)
security, EMS, or other public safety measures; vi) insurance, damage deposits, or other financial
guarantees; vii) other measures which may reasonably provide for public health, safety, and
welfare in connection with an event.
H. For purposes of this Chapter, a special event permit is not deemed granted until the Special
Event Coordinator certifies in writing that all conditions of approval required prior to the event
date have been satisfied.
I. A special event permit issued under this Chapter is specific to the permittee, and may not
be assigned. Any purported assignment shall result in the permit being deemed void.
5.09.040 Concurrent Event Applications.
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A. Complete applications will be reviewed in the order that they are received. If it is found
that another event has already been approved for the d ates requested in a pending application,
the applicant will be notified and given the opportunity to change the event dates so as not to
overlap with any other event. If no date change is selected, the decision to allow multiple events
on the same dates will be made by the SERC or the City Council, as applicable. The determination
will be based upon the following considerations:
1. whether the events will adversely impact one another or create unreasonable
burdens on the public health, safety, or welfare;
2. the geographic separation of the events;
3. the proposed time and duration of the Special Events;
4. anticipated attendance volumes;
5. the demands upon public safety personnel, equipment, and/or transportation
services; and
6. anticipated traffic and parking impacts of the events.
5.09.050 Grounds for Denial.
A. The SERC or City Council, as applicable, may deny a Special Event application whenever
the following apply:
1. any grounds stated in Section 5.04.040;
2. the event presents significant or unacceptable adverse impacts upon the
community, other businesses, or residents, which cannot reasonably be
mitigated;
3. the event will pose an unreasonable burden on police, fire, EMS, public roads, or
other essential public services so as to compromise services to other City residents;
4. the event will substantially interfere with any other event for which a permit has
already been granted or with the provision of City services in support of other such
events;
5. the applicant fails to provide the required documentation with the application or
provides false or misleading statements in the application or supporting materials;
6. the applicant demonstrates an inability or unwillingness to conduct the event in
conformity with the permit or the provisions of this Chapter, or past events
sponsored by the applicant or permittee have not been carried out in conformity
with approved permits or this Chapter;
7. the applicant has not obtained necessary licenses or permits from other
governmental agencies required for the operation of the event; or
8. the applicant has not provided necessary proof of financial responsibility.
5.09.060 Appeal Procedure.
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A. Any person adversely affected by a permitting decision under this Chapter may appeal as
provided in this Section.
B. Appeals of decisions by the Special Events Coordinator, SERC, or the City Council shall be
appealed to the Appeal Authority by delivering written notice to the City no later than seven
calendar days from the date of the decision or order which is the subject of the appeal. The Appeal
Authority shall promptly hold a hearing, and any Appeal Authority decision shall be final.
C. In any appeal proceeding, the Appeal Authority shall only overturn the decision that is the
subject of the appeal if it is found to be arbitrary, capricious, or unlawful.
5.09.070 Fees; Hardship Waiver.
A. Special Event application fees shall be set according to the fee schedule established by the
City Council by resolution.
B. If applicable, a park rental fee is due and payable seven days prior to the event.
C. The City may require payment of a City Service Fee to cover the cost for additional City
services arising from an event. Additional City services include, but are not limited to, labor costs
for City personnel, rental costs for the use of City equipment, and other direct costs for the use of
City facilities. The City Service Fee shall be determined on a case by case basis, as required by the
event, and must be paid in full seven days prior to the event.
D. The City may require any applicant to post a cash deposit or other security approved by the
City Attorney to cover all estimated contingent costs prior to the issuance of a Level II Special Event
Permit, as a guarantee against fees, damages, clean up, or loss to public property. The City may
retain any such deposit to cover applicable fees, damages, cleanup costs, repairs to public property
or facilities. The unexpended balance of any deposit shall be promptly returned to the applicant no
later than 30 days from the conclusion of the event.
E. The City may waive fees under this Chapter in the case of a showing of need or financial
hardship by an applicant who is an individual or a non-profit organization, or in the case of an
application for a Speech Event.
5.09.080 Sales Tax Collection; Business License.
A. Unless exempted by Utah law, an applicant for a special event that includes vendor sales
or concessions shall either:
1. provide proof that all vendors have a sales tax license and agree to be responsible
for direct remittance of all sales tax proceeds from the event to the state; or
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2. provide proof that the applicant has a valid sales tax license and that it will require
all vendors to execute a sales tax remittance agreement whereby the vendor
delivers sales tax proceeds to the applicant for remittance to the state under the
applicant's sales tax license.
B. The City shall be authorized to audit the applicant or otherwise verify that all sale tax
remittances are paid.
C. An applicant for a special event that includes vendor sales or concessions shall obtain a
business license pursuant to Chapter 5.04 concurrently with the application for a special event
license. Where an applicant for a special event already has a City business license, no additional
license is required. All applications for a business shall be processed concurrently with the
special event application.
5.09.090 Permit Revocation.
A. A permit issued under this Chapter may be revoked for any of the following
reasons:
1. failure by the permittee to comply with City permit conditions, other permit or
license conditions, or the provisions of this Chapter;
2. failure by the permittee to comply with other City ordinances or Utah laws;
3. any violations of the Utah Beverage Control Act;
4. false, inaccurate, or misleading statements by the applicant or permittee in
the application for a permit under this Chapter, or in any supporting
documentation; or
5. a serious breach of the peace, riot, or significant unlawful activity occurring
within or adjacent to the event venue and/or involving event participants, the
permittee, its agents, or employees.
B. The City shall deliver written notice of revocation to the permittee for the causes
identified in subsections 1-4. The permittee may appeal any such revocation as provided
under this Chapter.
C. In the case of a revocation under subsection 5, the Moab Police Department may
deliver oral or written notice to the permittee, if feasible. If notice is not feasible the Moab
Police Department is authorized to employ all lawful means to terminate the event and/or
abate any breach of the peace.
5.09.100 Civil or Criminal Enforcement.
A. A knowing violation of this Chapter or any permit issued under this Chapter by the applicant
or permittee may be punishable, at the election of the city, as a Class B misdemeanor, as defined
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under the Moab Municipal Code or Utah statutes.
B. Alternately, the City may proceed to obtain civil injunctive or declaratory relief to
halt or abate any violation of this Chapter or any permit issued under this Chapter. Proof
of a violation shall be sufficient to obtain an injunction, which shall be issued without the
requirement of bond. In addition to any other relief, in any civil enforcement action the
City may recover its reasonable attorney fees and court costs against the applicant,
permittee, or other person who may be in violation of this Chapter.
5.09.110 Permit Renewal.
A. Permittees who successfully complete a Special Event under the provisions of this
Chapter and who wish to have the event on an annual or periodic basis can request renewal
during the Debriefing meeting. Permittees who do not attend the Debriefing meeting will
not be given priority for renewal.
B. If a positive recommendation is given by the SERC, the permittee's dates for t h e next
event will be reserved and the application for renewal may be submitted.
C. Event levels for renewals will be determined through the renewal process based on
evidence of attendance and the needs of the event.
D. An application for renewal may be subject to denial if the event resulted in significant
negative impacts, violations of the permit, or other violations as documented by the SERC. A
person denied a renewal may appeal that decision as provided by this Chapter.
This ordinance is executed as of the date set forth below and shall take effect no later than
twenty (20) days from the date of newspaper publication.
The Cityf Moab
By:
Mayor David Sakrison
Attest:
By:
Rachel5tenta, Recorder
2 3 41P 11' /7
Date
1-VA/01-Ct--- 41va3-aai7
Date
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