Chapter 5.25
CONTROLLED EVENTS Revised 9/21

Sections:

5.25.010    Definitions.

5.25.020    Approval for controlled event. Revised 9/21

5.25.030    Additional restrictions.

5.25.040    Penalty.

5.25.010 Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Alcoholic beverage” shall include but not be limited to beer, hard cider, flavored malt beverage, liquor and any beverage defined in IC 7.1-1-3-5.

“Controlled event” shall refer to any festival, gathering, party, activity involving the public as an invitee, or assembly, at which alcoholic beverages may be furnished, bartered, delivered, sold, exchanged, provided, given away or consumed, including but not limited to beer tents and beer gardens, on any public ways, alleys, sidewalks, bump-outs, public landscaping, real property or easements owned or leased by the municipality. The term shall not include residential block parties that are authorized and approved by proper authority of the town of Highland, under HMC 10.15.030; nor shall the term include any activity for which a license to encroach was granted, and an associated agreement to particularly allow this activity was approved by passage and adoption of Resolution No. 2007-30, on July 9, 2007, with the agreement being executed August 8, 2007, so long as the license to encroach remains in force and the terms of the associated agreement are honored. [Ord. 1416 § 2, 2008. Code 2000 § 119.01].

5.25.020 Approval for controlled event. Revised 9/21

(A) In addition to any other required permits and permissions, approval shall be obtained from the town council when any person or persons desires to conduct a controlled event.

(B) Except as otherwise provided, an application or request for permission must be made in writing and filed with the clerk of the legislative body at least 60 days before the desired date of the controlled event. The clerk-treasurer shall be authorized and empowered to develop such application guidance or forms consistent with the administration of this chapter.

(C) When the applicant is the municipality, through its executive departments, its administrative bodies, or agencies, no formal application is required; provided, that a request shall be filed in sufficient time to permit the town council to act in a regular or special meeting in advance of the event.

(D) The town council must act in a regular or special meeting upon the application or request, where it may, in its discretion, issue such permit and likewise, in its discretion, may refuse the issuance of a permit.

(E) All applicants that are not a municipal executive department, administrative body or agency, who are issued a permit under this chapter shall be required to procure liability insurance coverage in an amount satisfactory to the town council that designates the town of Highland, Indiana, as an additional insured for the period of time that the controlled event is being conducted.

(F) It shall be an offense to conduct a controlled event without complying with the provisions of this chapter. [Ord. 1416 § 2, 2008; Ord. 1746 § 1, 2021. Code 2000 § 119.02].

5.25.030 Additional restrictions.

No municipal public officer or law enforcement official may sign or offer other approval for any permit issued under IC 7.1-3 et seq. and associated with a controlled event unless and until the controlled event has been approved by the town council pursuant to this chapter. [Ord. 1416 § 2, 2008. Code 2000 § 119.03].

5.25.040 Penalty.

(A) Any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.

(B) If such persons, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and shall be subject to a fine of not less than $50.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1416 § 2, 2008. Code 2000 § 119.99].