Chapter 9.04

9.04.010    Purpose.

9.04.020    Definitions.

9.04.030    Special events prohibited without permit.

9.04.040    Application for permit.

9.04.050    Investigation—Issuance of permits.

9.04.060    Scope of permit.

9.04.070    Permit not transferable.

9.04.080    Sales by non-sponsor-authorized vendors prohibited.

9.04.090    Sponsor’s responsibility for vendors.

9.04.120    Identification of sponsor-authorized vendors.

9.04.130    Revocation of sponsor-authorized vendor permit.

9.04.140    Regulations.

9.04.150    Exemptions.

9.04.160    Violations and penalties.

9.04.010 Purpose.

By this chapter, the city council wishes to establish procedures for permitting and regulating special events such as parades, concerts, and other public events and celebrations which are conducted wholly or in part upon public streets, sidewalks, roadways, or in public parks or on other property owned by the city. The council intends hereby:

(a)    To establish procedures whereby the sponsor of any such special event shall obtain a permit;

(b)    To require that such special event sponsor provide the city with a list of vendors or concessionaires who are authorized by the sponsor to sell products or services at or near the site of the special event;

(c)    To establish procedures for making the sponsor of the special event responsible for the number and type of such concessionaires or vendors and to make the sponsor responsible for the quality of all products or services that are sold by sponsor-authorized concessionaires or vendors;

(d)    To place responsibility on the sponsor of a special event (and the sponsor-authorized concessionaires or vendors) to clean up trash and debris associated with the activities of the sponsor-authorized concessionaires or vendors;

(e)    To insure that the persons attending the special event are not inconvenienced or harassed by unauthorized concessionaires or vendors;

(f)    To permit the sponsor of a special event to control the type and quality of the products and services sold by the sponsor-authorized concessionaires and vendors;

(g)    To assure that products and services offered for sale to persons attending special events are not harmful or potentially harmful to the public health, safety and welfare. (Ord. 1083 § 3 (part), 1989).

9.04.020 Definitions.

The following definitions shall apply to terms contained in this chapter:

(a)    "Person" means all domestic and foreign corporations, associations, partnerships of every kind, clubs, societies, and individuals.

(b)    "Sponsor" means the person who intends to hold a "special event" which is subject to the terms of this chapter and upon whom is imposed the obligation to obtain a permit pursuant to this chapter.

(c)    "Special event" shall be deemed to include any assemblage, meeting or gathering of persons for the purpose of conducting any public event upon the streets, in the city parks or upon property owned by the city and shall include, but not be limited to, public speeches, lectures, parades, rodeos, and other public celebrations and festivities.

(d)    "Street" shall include any public street, highway, road, alley, or sidewalk within the city.

(e)    "Vendor" shall mean any person selling or attempting to sell any product or service within the city other than from a permanent place of business.

(f)    "Sponsor-authorized vendors" shall mean those vendors (i) listed on the sponsor’s application for a permit to conduct a special event and (ii) to whom a permit is issued under the provisions of this chapter.

(g)    "Police chief" shall mean the chief of police or his designee. (Ord. 1083 § 3 (part), 1989).

9.04.030 Special events prohibited without permit.

It is unlawful for any person to hold or conduct any special event within the city without first obtaining a permit from the city council under the provisions of this chapter. (Ord. 1083 § 3 (part), 1989).

9.04.040 Application for permit.

Every person, before commencing, carrying on, or engaging in any special event shall first make a written application to and secure from the city council a written permit therefor. The application, together with the permit fee in an amount established by resolution, shall be filed with the recreation director at least thirty days prior to the proposed date for the special event. The city council may, for good cause, shorten the time for filing the application if, by doing so, the public health, safety and welfare would not be adversely affected. The application shall include, in addition to such other matters as the city may reasonably require, the following:

(a)    The full name, address and telephone number of (i) the applicant and (ii) the representative of the applicant to whom full authority has been delegated to act on behalf of and bind the applicant;

(b)    The date of the proposed special event;

(c)    A complete description of the proposed special event including (i) the applicant’s estimate of the number of persons who will attend the special event, (ii) whether fireworks will be involved in the special event and, if so, the name of the licensed pyrotechnician who will be responsible therefor, (iii) whether sound-amplifying equipment will be used in connection with the special event, (iv) whether alcoholic beverages win be provided or sold either by the sponsor or a sponsor-authorized vendor, and (v) such other information as may be appropriate to fully describe the proposed special event.

(d)    The anticipated duration (in hours) of the special event.

(e)    The exact location of the special event which, in the case of a parade, shall include the entire proposed parade route.

(f)    A list of the sponsor-authorized vendors who will be permitted to sell products and services at or near the special event. Such list shall include the name, permanent business address and telephone number of each vendor as well as a specific description of the products and services which each such vendor shall be authorized to sell or offer for sale at such special event. In the event that the sponsor does not wish to permit any vendors to sell products and services at or near the special event, the sponsors shall so indicate on the application form.

(g)    Proof that the applicant and each sponsor-authorized vendor has public liability, food products liability, and property damage insurance, protecting the respective sponsor or sponsor-authorized vendor (and naming the city as an additional insured) from all claims for damage to property or bodily injury, including death, which may arise from the operations or activities of such sponsor-authorized vendor. Such proof of insurance shall further contain an endorsement that it shall not be terminated or canceled prior to the special event without at least 48 hours’ prior written notice to the city. The limits of all such insurance coverage shall be in such amounts as then required by the city in connection with the use of city property. The failure of any sponsor-authorized vendor to maintain the required insurance through the completion of the special event shall cause any permit issued to such sponsor-authorized vendor hereunder to terminate immediately. (Ord. 1083 § 3 (part), 1989).

9.04.050 Investigation—Issuance of permits.

(a)    The recreation director shall provide to each department head a copy of the application for permit submitted pursuant to Section 9.04.040 together with such other material as the recreation director deems pertinent. Each department head shall conduct such investigation as he or she deems necessary or appropriate with respect to the proposed event. Upon request by any department head, the recreation director shall obtain such additional information from the applicant as is necessary or appropriate. Within ten days after the application and supporting materials have been furnished to each department head, the department head shall make a recommendation to the recreation director regarding whether or not the permit should be issued and what conditions, if any, should be attached to the permit. Based upon the recommendations made by the department heads, the recreation director shall either (i) issue the permit with such conditions as the recreation director deems necessary or appropriate or (ii) deny the application for permit or (iii) refer the application for permit to the city council for determination.

(b)    The recreation director shall deny a permit to an applicant or to any sponsor-authorized vendor if, based upon the investigation conducted by the departments, the recreation director determines that the proposed special event or the products or services to be offered by such sponsor-authorized vendor would be harmful, or potentially harmful, to the public health, safety and welfare.

(c)    In the event an application for permit is denied by the recreation director or in the event the recreation director imposes conditions which the applicant deems to be unacceptable, the applicant may appeal the matter to the city council; provided, that any such appeal must be filed with the city clerk within seven days after such denial.

(d)    The city council shall make a final determination with respect to the issuance or denial of a permit to an applicant and to any proposed sponsor-authorized vendor in the event of (i) a referral of an application to the city council pursuant to subsection (a) of this section, or (ii) an appeal by an applicant from a decision by the recreation director on the applicant’s application for permit. The city council may authorize the issuance of a permit on such conditions as it deems necessary or appropriate to (i) the sponsor and (ii) each sponsor-authorized vendor if the city council determines that neither the special event nor any product or service to be offered by a sponsor-authorized vendor will be harmful, or potentially harmful, to the public health, safety and welfare. (Ord. 1083 § 3 (part), 1989).

9.04.060 Scope of permit.

Only one special event shall be held, conducted, carried on or engaged in under a single permit. (Ord. 1083 § 3 (part), 1989).

9.04.070 Permit not transferable.

Any permit issued under the provisions of this chapter, including permits issued to sponsor-authorized vendors, shall apply only (i) to the person in whose name it is issued, (ii) for the product or service for which the permit is issued, and (iii) only to the location or locations specified in the permit. The permit shall not be transferable or assignable in any manner. (Ord. 1083 § 3 (part), 1989).

9.04.080 Sales by non-sponsor-authorized vendors prohibited.

It shall be unlawful for any vendor to sell any product or service within five hundred feet of the location of a special event unless such vendor is a sponsor-authorized vendor and has in his or her possession a permit, badge or other identification in a form approved by the city showing that such person is a sponsor-authorized vendor. If the sponsor does not wish to have any vendor selling products or services at or near its special event or if the vendor fails to list in its application and obtain approval of any vendor, such vendor shall be prohibited from selling any product or service within five hundred feet of the location of a special event. (Ord. 1083 § 3 (part), 1989).

9.04.090 Sponsor’s responsibility for vendors.

The sponsor of each special event shall be solely responsible for the activities of all sponsor-authorized vendors. Such responsibility shall include the responsibility to ensure that such sponsor-authorized vendors are reputable business persons who sell products and services which will not adversely affect the public health, safety and welfare of persons attending the special event. In addition, the sponsor shall be responsible for ensuring that sponsor-authorized vendors conform to all of the provisions of this chapter and to other laws which apply to their activities. (Ord. 1083 § 3 (part), 1989).

9.04.120 Identification of sponsor-authorized vendors.

The sponsor shall ensure that each vendor has an appropriate badge, sticker, or other form of designation to prove that such vendor is a sponsor-authorized vendor. Each sponsor-authorized vendor shall have such form of identification available at all times and, in the absence of such identification, it shall be presumed that the vendor is not a sponsor-authorized vendor. (Ord. 1083 § 3 (part), 1989).

9.04.130 Revocation of sponsor-authorized vendor permit.

The city retains the right to revoke the privilege of any sponsor-authorized vendor to sell any product or service if it is determined that the products or services or the activities of the sponsor-authorized vendor are in any way injurious or potentially injurious to the public’s health, safety and welfare. (Ord. 1083 § 3 (part), 1989).

9.04.140 Regulations.

No sponsor-authorized vendor shall participate in any of the following activities:

(a)    No sponsor-authorized vendor shall misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale.

(b)    No sponsor-authorized vendor shall impede the free use of sidewalks and streets by pedestrians and vehicles.

(c)    No sponsor-authorized vendor shall make any loud noise or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius from the source unless the permit issued to such vendor specifically permits such loud noise.

(d)    No sponsor-authorized vendor shall allow rubbish or litter to accumulate in or around the area in which such vendor is conducting business.

(e)    No sponsor-authorized vendor shall sell any goods or services at any special event unless such sponsor-authorized vendor has (i) a current city business license and (ii) a resale permit issued by the California Board of Equalization.

(f)    No sponsor-authorized vendor or any person shall sell or distribute cannabis or cannabis-related products or derivatives or cannabis-related services or accessories. Any such sales specifically violate the terms of the city-issued special event permit and cause such permit to be immediately nullified and subject the vendor and event sponsor to fines and penalties set forth in this chapter. (Ord. 1404 § 2, 2018; Ord. 1083 § 3 (part), 1989).

9.04.150 Exemptions.

The following shall be exempt from the provisions of this chapter:

(a)    Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes.

(b)    Any person selling goods at wholesale to dealers in such goods.

(c)    Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchants and to deliver such goods in their regular course of business.

(d)    Any merchant or business with a valid city business license who makes sales of products or services from the permanent business location of such merchant or business. (Ord. 1083 § 3 (part), 1989).

9.04.160 Violations and penalties.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction, punishable on the first offense by a fine of one hundred dollars and on each subsequent offense by a fine of one hundred fifty dollars. (Ord. 1160 § 15, 1993: Ord. 1083 § 3 (part), 1989).