Chapter 9.80
EVENTS
Sections:
9.80.030 Event permit requirement and exemptions.
9.80.040 Event permit application.
9.80.050 Review of city event permit application.
9.80.060 Extraordinary services.
9.80.070 Use of city of Gunnison park and recreation facilities for an event.
9.80.080 Alcohol consumption at events.
9.80.140 Violations and fines.
9.80.010 Purpose.
The purpose of this chapter is to establish the requirements for event permits in the city of Gunnison in order to ensure the proper coordination of city services and to maintain public health, safety and welfare. (Ord. 10-2021 § 1).
9.80.020 Definitions.
For purposes of this code, unless otherwise apparent from the context, certain words and phrases used herein are defined as follows:
“Applicant” shall mean the person, group organization or entity that applies for a permit and the permittee whose name shall appear on the permit issued pursuant to this chapter.
“Event” shall mean any organized activity that brings a group of people together for a limited period of time at which any of the following apply:
1. The activity will be conducted in whole or in part on public property or public right-of-way within the city of Gunnison;
2. The activity is likely to obstruct, delay or interfere with the free and normal use of public rights-of-way or other public property within the vicinity of the event;
3. The expenditure or use of city services is requested or deemed necessary by the city to maintain public health, safety and welfare, above and beyond those expenditures and services routinely performed.
“Extraordinary services” shall mean and refer to services above and beyond those routinely performed by any city department as a normal course of regular duty. Extraordinary services include but are not limited to those involving the closing of public streets or parking spaces, crowd control and security, traffic control, or refuse collection.
“Public property” shall mean real property owned or controlled by the city, excluding the public right-of-way.
“Public right-of-way” means any public street, way, alley, sidewalk, median, parkway, boulevard, or park that is dedicated to public use. (Ord. 10-2021 § 1).
9.80.030 Event permit requirement and exemptions.
A. An event permit is required to hold an event in the city of Gunnison.
B. The following activities shall be exempt from the requirement to obtain an event permit; provided, that no extraordinary city services or resources are requested or required. These activities are still subject to applicable alcohol permitting and license requirements pursuant to GMC 5.10.220 if alcohol is consumed or sold.
1. Use of city parks for individual or family leisure and nonorganized recreational uses;
2. Regularly scheduled outdoor athletic events conducted on property where such events are normally held;
3. Events conducted at a private facility designed for the event purpose or upon facilities where such events are normally held, such as fields, auditoriums, stadiums, and outdoor venues. (Ord. 10-2021 § 1).
9.80.040 Event permit application.
A. An application for a permit authorizing an event shall be submitted to the city clerk’s department prior to the event’s scheduled start date.
1. For timely processing and coordination of city services, the event permit application shall be submitted at least 30 days prior to the event’s scheduled start date.
2. Events requiring a special event liquor permit shall be submitted to the city clerk’s department 45 days prior to the event’s scheduled start date.
B. Applicants must submit a new application each year for recurring annual events. (Ord. 10-2021 § 1).
9.80.050 Review of city event permit application.
A. The city clerk’s department shall coordinate the review of the event permit application by city departments.
B. The city clerk, in conjunction with city departments and the city manager, shall determine whether the event requires city council approval prior to the issuance of a permit. In making this determination, the following criteria may be considered:
1. Whether the city clerk, city manager or any member of council deem it advisable for council to consider, recommend conditions, or approve the application;
2. If the event will be held over four or more separate days within a calendar year;
3. Whether the event has been subject to approval by the city council in the past.
C. The city may approve, deny, or impose such conditions or fees on an event permit application as deemed necessary to protect the integrity of the event site and surroundings and to mitigate any impacts the event may have upon the health, safety and welfare of residents and guests.
D. The city holds the right to revoke an event application at any time if issues or conditions are not resolved in a timely manner. Failure to communicate directly and in a timely manner with city staff may result in denial or revocation of permit approval. Failure to follow the established guidelines and policies or comply with conditions may result in the denial of future event permit applications made by the applicant. (Ord. 10-2021 § 1).
9.80.060 Extraordinary services.
Issuance of an event permit pursuant to this chapter does not obligate or require the city of Gunnison to provide city services, equipment, funding or personnel in support of the event. (Ord. 10-2021 § 1).
9.80.070 Use of city of Gunnison park and recreation facilities for an event.
The event organizer is responsible for making all required reservations with the parks and recreation department for use of a park or facility for an event. Reservation of a park or facility does not imply event permit approval or preclude the organizer from applying for a city event permit. (Ord. 10-2021 § 1).
9.80.080 Alcohol consumption at events.
A. Event organizers shall refer to GMC 5.10.220 regarding alcohol consumption upon public property within the city of Gunnison.
B. Event organizers shall refer to part 101 of article 5 of title 44, C.R.S., regarding the sale of alcohol at any event and to part 404 of article 3 of title 44, C.R.S., regarding festival permits. (Ord. 10-2021 § 1).
9.80.090 Fees.
The applicant shall pay any required fees if extraordinary services are required, or the fees set forth in the current fee resolution, or required in state statute prior to the issuance of a city event permit. (Ord. 10-2021 § 1).
9.80.100 Indemnification.
Whenever required as a condition to the issuance of a permit, the applicant shall execute a written agreement to indemnify and hold harmless the city, its officers and employees, from any loss, liability, damage or cost sustained by any person or property, to the extent any such loss, liability, damage or cost rises from any activity associated with the event or use of city-owned equipment, supplies or property. (Ord. 10-2021 § 1).
9.80.110 Insurance.
Whenever required as a condition to the issuance of a permit, the applicant shall procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands and other obligations assumed by the applicant pursuant to the indemnification section of this chapter. Such coverages shall be procured and maintained with forms and insurers acceptable to the city. General liability insurance or the equivalent maintained for any injury to one person in any single occurrence shall, at a minimum, be $387,000 and for an injury to two or more persons in any single occurrence, $1,093,000. The policy shall be endorsed to include the city and its officers and employees as additional insureds and shall provide primary insurance. The applicant shall present a certificate of insurance as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect prior to the date of the event. The certificate shall identify the event and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least 30 days’ prior written notice has been given to the city, or at the end of the event if not a multiple-day event. Failure to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute sufficient grounds for immediate revocation of a permit issued pursuant to this chapter. (Ord. 10-2021 § 1).
9.80.120 Bonds.
Whenever required as a condition to the issuance of a permit, the applicant shall provide the city with a guarantee to ensure financial responsibility for the payment of all bills, repairs, damages and otherwise ensure performance of all conditions of approval. The guarantee shall be in the form of a cash escrow with the city or a bank or savings and loans association or an irrevocable sight draft or letter of credit from a financially responsible lender and shall give the city the unconditional right upon demand to withdraw funds to pay any outstanding bills, including obligations to the city, make repairs, reimburse for damages incurred and perform all conditions of approval. (Ord. 10-2021 § 1).
9.80.130 Term of permit.
A permit issued pursuant to this policy shall remain in effect only during the time stated in the permit and shall not be transferable to any other person or entity without the prior written consent of the city clerk. (Ord. 10-2021 § 1).
9.80.140 Violations and fines.
Violation by the applicant of any of the provisions of this title, or of any permit condition, shall result in the immediate revocation of the permit and applicant shall be required to pay the cost of any damage to city property and/or for extraordinary services rendered within 30 days of the revocation. (Ord. 10-2021 § 1).