§ 58-56. Permit conditions.

(a)

Every special event permit shall contain the following conditions:

(1)

The permit holder shall comply with all applicable city ordinances.

(2)

The permit holder shall be responsible for compliance with all other applicable state, county and city laws, rules, regulations, codes and ordinances, such as those relating to sales tax, the sale and consumption of food or alcoholic beverages, and public health.

(3)

The permit shall be posted on the sponsoring property so that it is readily visible to the passing public.

(4)

Major special events held in conjunction with a regional event shall require each individual special event temporary merchant permit be posted within the area that merchant is operating and so it is readily visible to the passing public.

(b)

Notwithstanding the foregoing, and unless waived or modified by the city council, the permit holder shall comply with all applicable city ordinances, including but not limited to the following:

(1)

Section 1 of Chapter 8 of the Land Development Code, relating to adopted building codes;

(2)

Sections 5 and 5.5 of Chapter 15 of the Land Development Code, relating to temporary and special event signs;

(3)

Chapter 42 of the Code of Ordinances, relating to nuisances; and

(4)

Section 58-1 of Chapter 58 of the Code of Ordinances, relating to obstruction and encroachment of rights-of-way, and section 58-2 of the Code of Ordinances, relating to damage to trees and shrubs in rights-of-way.

(c)

Unless expressly waived by the city council, the city shall impose on the major special event permittee as additional conditions, both of the following obligations:

(1)

The posting, in advance, of a good and sufficient surety bond or cash bond in an amount to be determined by the city council, unless the bond is waived under the conditions provided herein. The bond shall be conditioned upon full compliance with the terms of the permit(s) and the provisions of this article, including, but not limited to, the removal of any temporary structures constructed for the special event and any garbage, waste, trash and debris from the sponsoring property and any abutting properties which may become littered with garbage, waste, trash or debris as a result of the special event, within 48 hours after the special event.

(2)

The payment, in advance, of any charges which the city may impose upon the permittee, such as the charge for use of police officer or other city personnel as further described in subsection (d)(5) of this section.

The failure to comply with these obligations at least five days prior to the scheduled commencement of the special event shall automatically void the permit(s).

(d)

The city council, for major events, or the community development director, or the community development director's designee, for minor events, may impose such additional restrictions on the granting of a special event permit, as deemed necessary to ensure compliance with the provisions of this article, the Code of Ordinances and the Land Development Code. These conditions may include but shall not be limited to the following:

(1)

Restrictions on the outside amplification of sound, hours of operation and signage. Noise shall generally be controlled by article IV of chapter 42 of the Code of Ordinances, unless further restrictions are imposed due to the proximity of the event to residential property. Hours of operation of the special event shall generally be limited to 11:00 p.m., unless specifically waived or amended by the city council.

(2)

Restrictions on the location of semi-trailers, motor homes and similar vehicles used solely for storage of goods and merchandise displayed at the special event to the rear of a principal building, or to other locations such that these vehicles are not readily visible from the public right-of-way fronting the sponsoring property. This provision shall not be deemed to authorize the use of such vehicles for sleeping by participants in the special event while such vehicles are located on the sponsoring property.

(3)

A requirement that appropriate traffic control devices be used at the special event permittee's expense.

(4)

Restrictions or prohibitions on the use of public rights-of-way.

(5)

A requirement that the permittee pay a charge for the use of city personnel such as police officers needed at the site of the special event to help ensure public safety.

(6)

A requirement that the permit holder screen participating merchants for compliance with applicable state, county and city laws, rules, regulations, codes and ordinances.

(e)

The permit holder shall be responsible for compliance by all participating merchants with the permit conditions which may be imposed.

(Ord. No. 1998-61, § 6, 9-15-98; Ord. No. 2001-103, § 4, 1-15-02; Ord. No. 2005-52, § 1, 12-13-05; Ord. No. 2013-16, § 6, 8-20-2013)