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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 Chapter 5.09 of the Moab Municipal Code is hereby repealed and replaced with: Chapter 5.09 SPECIAL EVENT PERMITS Sections: 5.09.010 Definitions 5.09.020 Permits Required; Exceptions 5.09.030 Application and Review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. PAGE 10F9 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 PAGE 2OF9 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. PAGE 3OF9 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. PAGE 4OF9 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. PAGE 5OF9 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. PAGE 6OF9 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 PAGE 7OF9 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 PAGE 8OF9 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 PAGE 9OF9