Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

be held. 58 59 shall, at 60 FeGelpt to held a GilFGU6, Garnival, show eF outdGGF eXhibitiGR in the rity 61 , 62 63 64 , 65 intended te be held. 66 , 67 68 applisant 69 70 , 71 72 73 74 75 hazaFd. 76 77 78 79 tempowy StFUGtUFe ef any kind, 80 81 82 83 84 85 , Gh9W OF OUtdGGF eXhibitiGR, shall net be 86 87 88 paFade has been paid-. 89 90 91 Section 8. 3 Temporary and Special Events;, Permitting 92 93 Section 8.3. 1 Definitions 94 54-  95 Farmers Market. A group of vendors principally involved. in the sale of 96 locally *Produced and grown fruits, vegetables, meats, and other goods 97 intended for consumption. 98 99 Itinerant vendor. All persons, firms and corporations, as well as their. 100 agents and employees, who engage in the - temporary or transient 101 business in this city, of selling, or offering for sale, any - goods, or 102 merchandise including but not limited to meat,. art, music, photographs 103 and portraits, or exhibiting the same for sale or exhibiting the same for the 104 our . of taking orders for the sale thereof; and who, for the purpose of 105 car!yIng on the business or conducting the exhibits thereof, either hire, 106 rent, lease or occupy any room or space in any parking lot, building, 107 structure or other enclosure in the. city in, through, or from which any 108 goods, or merchandise, 'may be sold, offered for sale, exhibited for sale or 109 exhibited for the purpose of taking orders for the sale. thereof. 110 111 Temporary business..Any business transacted, operated, or conducted in 112 the city for which a written contract, agreement, or lease has not been 113 made for the hire, rental or lease, for -at least 16 days, of premises in or 114 upon which the business is to be transacted, operated, or conducted._ 115 116 Transient business. Any business transacted, operated; or conducted in 117 the city by persons, including their agents or employees, who do not have 118 a permanent place of business in the city, or who have their headquarters 119 in places other than the city but move stocks of goods or merchandise or 120 samples thereof into . the city for sale and consumption but with the 121 intention of removing the stocks of goods or merchandise or samples 122 thereof away from the city before the expiration of 16 dam 123 124 Special event. A special event is an event such as art or historical displays 125 or performances, music events and performances, parades, fairs, 126 carnivals, bazaars, festivals: contests, rodeos, grand opening events for 127 new businesses, that generally is intended for entertainment, arts and 128 history education, church events, and other types of community building 129 activities, and at which the sale of services products, food, drinks, stocks 130 and goods, is incidental to the purpose of the special event. 131 132 Temporary event. A temporary event is an event such as farmers 133 markets,fruit stands, open air markets, sidewalk sales, liquidation sales, 134 push cart vendors, performers working for tips, concession stands, 135 intinerant exhibitions, temporary businesses, transient businesses, and 136 seasonal holiday sales lots, that generally is intended for commercial 137 purposes and at which the sale of food and drinks is incidental to the main 138 commercial purpose. This definition does not include garage safes 139 conducted on residential properties. 140 55- 141 Section 8.3.2 Prohibition 142 The following temporary and special events shall be. prohibited on city or 143 private property unless a temporary or special event permit is obtained 144 from the city manager: farmers markets, fruit stands, open air markets, 145 sidewalk sales, liquidation sales, push cart vendors, concession stands, 146 intinerant exhibitions, temporary businesses, transient businesses, art and 147 history displays and performances, music events and performances, 148 parades, fairs, carnivals, bazaars, festivals, contests, rodeos, grand 149 opening events for new businesses, seasonal holiday sales lots for items 150 such as- pumpkins, fireworks, trees, etc.., or any other activity or event 151 tending to create. or cause crowds, impede traffic or otherwise pose a 152 detrimental effect on the public health, safety and welfare. 153 154 Section 8.3.3 Permit Process 155 . a. Any person planning to host, sponsor, or hold a temporary or 156 special event shall apply for a permit for that temporary or special event 157 no less than 15 days before the date of the proposed event or activity. 158 The application shall be on a form provided by the city manager, 159 accompanied by the appropriate application fee as set forth in the 160 comprehensive fee schedule, and shall contain at least the following 161 information: 162 1. name, address, and telephone number of the applicant: 163 2. name, address and telephone number of the owner of the 164 property where the event is to be held and an owner's affidavit granting 165 agency authority if the applicant is not the owner of the property; 166 3. the specific location of the event, to include the location on 167 the property and physical dimensions of any structure, vehicle, tent or 168 apparatus that will be used for the event; 169 4. the nature and purpose of the event; 170 5. the days and hours of activities for the event; and 171 6. any other information requested by the city manager that is 172 necessary to properly review the application. 173 174 b. Upon receipt of the application, the city manager shall 175 acknowledge receipt of the application and confirm in writing to the 176 applicant that all necessary information was received and the application 177 is sufficient for review. 178 179 C. The city manager and, if necessary, the department 180 directors, fire chief, and police chief, shall review the application. Review 181 of the application shall include consideration of the following criteria: 182 l.' the applicant is over the age of 18; 183 2. the applicant has paid the ap ropriate fee for the application 184 review; 185 3. the applicant must provide proper traffic control, sanitation 186 and litter control, and restroom facilities for the event; 56- 187 4. there is sufficient parking on -site or provisions for parking 188 off -site for the event and no public right of way, including sidewalks, will be 189 blocked during the event; 190 5. the applicant will provide sufficient crowd control 191 6. the proposed signage is appropriate for the site on which the 192 event will be held; 193 7. the applicant has sufficient state and city licenses to conduct 194 the event or make sales at the event; and 195 8. the applicant can provide sufficient insurance to protect the 196 city from liability as a result of the event. 197 198 d. Upon the determination that the' applicant has met the 199 requirements set forth in this section and other applicable parts of the 200 code of ordinances and land development code, the city manager may 201 grant the temporary or special event permit. If the city manager 202 determines that the application does not satisfy the criteria above, in the 203 best interests of the city to issue the permit, he shall as soon as 204 reasonably possible notify the applicant in writing for the reasons for the 205 denial. 206 207 Section 8.3.4 Number of Days Permitted 208 A special event permit shall not exceed seven consecutive days. A 209 temporary event shall not exceed fifteen days in any one month. 210 211 Section 8.3.5 Licenses 212 Any person that. hosts, sponsors, or conducts a temporary or special 213 event shall have all state and county licenses and any necessary 214 copyright permission, and a city business tax receipt, required for the 215 activities to be conducted at the event or for the sale of any goods or 216 materials, including alcohol, that will be available for sale or consumption 217 during the event. 218 219 Section 8.3.6 Limitation on Music Events 220 The city manager may deny a special event application for a music event 221 for any of the following reasons: there are other scheduled events in the 222 city park., it is proposed to play music during a prime time for groups using 223 the city park for picnics;, two musical events are scheduled within a ten - 224 day period: events by the same group are to be held more than twice a 225 year. 226 227 Section 8.3. 7 Motorized Vehicles in Parks 228 During special event activities at a city park, recreational, or cultural 229 center, motorized vehicles may be allowed to park on the park grounds for 230 assembly and disassembly of vendor areas and to establish temporary 231 parking areas. 232 57- 233 Section 8.3.8 Alcohol Use. for Events 234 Durina temporary or special events to be conducted at, u 235 public street, sidewalk, right -ot -way, parking lot, in any aliey, city parK, city 236 recreational or cultural center, city softball complex, city tennis complex, or 237 other public property, the ci manager may permit temporary authority for 238 individuals to consume or possess any alcoholic beverage in any cup, 239 can, bottle, or other open container._ 240 241 242 Section 8. 3. 9 Appeals 243 If an application for a temporary or special event permit is denied, the 244 applicant shall have five days from the date of the written denial to request 245 that the city council reviews the denial. The .applicant must be physically 246 present or represented by an agent, authorized in writing to represent the 247 applicant, at the council meeting during which the application will be 248 reviewed. After consideration of the application and the reasons_ for 249 denial, the city council shall have the authority to grant or deny the 250 application. 251 252 253 b. Section 8.09, Temporary Sales, is hereby amended as follows. 254 255 8. 09 Reserved. TEMPORARY SALES, A t9FAP9FaFy sale is a sale that is GaFFied 256 257 258 259 260 261 262 SUGh sale- 263 264 265 Section 3. Amendment of Chapter 7, Leisure & Recreation Services, of the 266 Code of Ordinances 267 Chapter 7, Leisure & Recreation Services, of the Code of Ordinances is 268 hereby amended as follows. 269 270 a. Section 7.02.04, Reservation, Rental, Lease of Facilities, is hereby 271 amended as follows. 272 273 7. 02. 04 Reservation, Rental, Lease of Facilities: A permit, issued pursuant to 274 the procedure set forth in section 8.3 of the code,