Chapter 11.48
COMMUNITY EVENT BOOTHS
Sections:
11.48.010 Community event booth permit required.
11.48.020 Application for community event booth permit.
11.48.030 Review of applications.
11.48.040 Denial/revocation of permit.
11.48.080 Administrative regulations.
11.48.010 Community event booth permit required.
All promoters, organizers or sponsors of community events at which booths will be erected and used for display, information distribution, sales of food or goods, or providing any services on public property or rights-of-way shall be required to apply for and obtain a community event permit. Such permit for the booths may contain reasonable conditions and shall be in addition to any other permits, licenses or approvals required by federal, state or local law. (Ord. 02-1890, 2002.)
11.48.020 Application for community event booth permit.
To receive a community event permit, the promoter, organizer, or sponsor of the community event must complete a community event application at the public information counter on a form approved by the city. The applicant must provide the following information:
A. A description of the proposed use, event or activity.
B. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event or activity.
C. The manner in which the public property will be utilized.
D. The number of booths or structures to be erected.
E. The date or dates and the specific times thereof, including setup and teardown, that the public property or rights-of-way are to be utilized for the described use, event or activity.
F. The name, address and telephone number of the person or entity promoting, organizing or sponsoring the event.
G. The name, address and telephone number of the person or persons to be contacted regarding the application or permit. (Ord. 02-1890, 2002.)
11.48.030 Review of applications.
The city manager or his or her designee shall issue a community event booth permit if it is determined that all of the following criteria have been met:
A. The proposed use of the public property or rights-of-way is not governed or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations, or such other permits have been obtained.
B. The preparation for the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden city resources necessary to preserve the public’s use of the streets in the area contiguous to the street or other public property to be used for the event.
C. The preparation for the conduct of the proposed use, event or activity will not unduly impede, obstruct or interfere with the operation of emergency vehicles or equipment in or through the particular permit area or adversely affect the city’s ability to perform municipal functions or furnish city services in the vicinity of the permit area.
D. The proposed use, event or activity does not otherwise present a substantial or unwarranted safety, noise or traffic hazard.
E. The proposed event will be of a nature and size appropriate to the proposed venue, location or site, and will occur during a time period approved for that venue, location or site.
F. A transportation management/parking plan has been approved for this event by the transportation department to the extent such a plan is required by the city.
G. The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the event. (Ord. 02-1890, 2002.)
11.48.040 Denial/revocation of permit.
The city manager or his or her designee shall deny an application for a community event booth permit or revoke a permit if the city manager or his or her designee finds any of the following:
A. One or more of the approval criteria specified in CMC 11.48.030 is not met.
B. The applicant has made a false, misleading or fraudulent statement of fact to the city in the application process.
C. The application does not contain the information required by this chapter.
D. The application does not satisfy the requirements of this chapter.
E. The applicant fails to comply with any conditions of approval including, but not limited to:
1. Remittance of fees, charges or deposits;
2. Submittal of an indemnification agreement and/or proof of timely receipt of all required approvals.
F. The applicant fails to agree as a condition of permit issuance that, if city property is destroyed or damaged by reason of the permittee’s use, event or activity and the damage or destruction is attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property. (Ord. 02-1890, 2002.)
11.48.050 Permit fees.
Except as otherwise provided by this code or any other applicable law, rule or regulation, the permit application fees and other additional fees for the use of city public property or rights-of-way pursuant to this chapter shall be established by city council resolution. (Ord. 02-1890, 2002.)
11.48.060 Appeals.
Any applicant aggrieved by an adverse decision under CMC 11.48.030 or 11.48.040 may appeal such decision of the city manager or his or her designee by filing a written notice of such appeal with the city clerk within five business days of the decision. The city clerk shall schedule a hearing by the city council regarding the appeal and shall decide the appeal within 30 working days. The city council’s decision shall be final except for judicial review. (Ord. 02-1890, 2002.)
11.48.070 Hold harmless.
Each permit shall expressly provide that the permittee agrees to indemnify, defend and hold harmless the city, and any of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the alleged acts or omissions of the permittee, its officers, agents or employees in connection with the permitted event or activity. (Ord. 02-1890, 2002.)
11.48.080 Administrative regulations.
The city manager or his or her designee may adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations shall be in writing. (Ord. 02-1890, 2002.)
11.48.090 Penalties.
Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 02-1890, 2002.)