Fort Walton Beach Ordinance — 1823 - allow temporary and special events — reading text

READING DATE 1st 2nd ORDINANCE 1823 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES TO ALLOW CERTAIN TEMPORARY BUSINESS ENDEAVORS AND EVENTS ON PUBLIC PRIVATE PROPERTY, CITY, COUNTY, AND STATE AND RIGHTS OF WAY, AND OTHER LANDS; AND TO ESTABLISH EVENT PERMITTING PROCEDURES FOR SUCH ACTIVITIES; AMENDING CHAPTER 7, LEISURE & RECREATION SERVICES AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES FOR CONSISTENCY WITH EVENT PERMITTING PROCEDURES OF CHAPTER 8; PROVIDING FOR CONFLICT AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA: Section 1. Authority & Intent a. The authority for enactment of this ordinance is Chapter 166. 021, and other provisions of the Florida Statutes and section 2 of the City Charter. b. The City currently has an administrative process in the Code of Ordinances for permitting certain special events and another administrative process in the land Development Code for temporary uses. Together the two processes permit various outdoor uses, events, and activities such as parades, special park events, sidewalk sales, exhibitions, displays, performances, fairs, carnivals, bazaars, contests, rodeos, grand opening events for new businesses, and seasonal holiday sales lots. Combining the two separate processes into one streamlined administrative procedure will ensure governmental efficiency and decrease the time for obtaining such a permit. A more efficient process will help to foster economic revitalization and business proprietorship in the City. c. Therefore, the City Council finds it is in the best interests of its citizens and the community that the Code of Ordinances is amended to delineate the activities and areas for such temporary and special events and to create one Temporary and Special Event Permitting process. Section 2. Amendment of Chapter 8 of the Code of Ordinances Chapter 8 of the Code of Ordinances is hereby amended as follows. a. Section 8. 03, Carnivals and Outdoor Exhibitions, is hereby amended as follows. 8. 03 CIRCUSES, CARNIVALS AND OUTDOOR EXHIBITIONS 8. 03. 01 Definition: OpeR 3ir maFket shall mean an open air market 'J:ithin the area of a permanent structure \\' hich affords a method of adequate night seollrity. Merchandise which moy be sold at an open air market is any merchandise ':: hiGh could be sold lInder the terms and conditions of C 1 zoning or C 2 zoning. 8. 03. Q2 Business Tnx Receipt, Payment of Tax Required: No person shall erect a tent, booth or other installation in connection ", ith 0 circus, a.: cami'Jal, a., or sho", outdoor exhibition in a permitted area in the city unless payment of the full amollnt of the business tax pr.escribed in chapter 8. 01 of this chapter has been made for sllch circus, carni'Jal, or exhibition t; shoo.... mless authorization for such circus, corni\' al, sho':1 or exhibition is specifioally gi'.'en by the council. The business tax ns required shall be paid in f.ull before any equipment is brought upon the location whero sllch circus, nl, show or exhibition is intended to cami\' be held. 8. 03. 03 Affida'.'it, Bond, Information to be Filed: /\ n applicant for a business t3X receipt to hold a circlls, carnival, shOO: 1 or outdoor exhibition in the city shall, 3t the time of obtaining such receipt, file ' ith the oity manager or his or her authorized e the a.. ing: fOllo", representati'.' 1) An aff.ida' Jit indicating that permission has been obtained from the o\vner of the lana upon which the circus, carnival, shO\v or exhibition is intended to be held. 2) A bond, collateral agreement or other security conditioned on the cleaning of the premises of all rubbish and debris after use by the applicant. 3) A written statement from the division of bllilding and zoning of the city indicating that the site upon ':: hich the circlIs, carni'Jal, shoo:! or exhibition is intended to be held is not ':..ithin on area prohibited for sliGh use. 4) A ' Jritten statement from the fire department of the oity indicating thot the tents or temporary buildings or structllres under which the operations are to be held are of fireproof material and ':IiII not constitute a fire hazard. 8. 03. 04 Permonent Structure, Security Required: No person shall operate or cause to be oper3ted an open 3ir market or morket display under a tent or temporary structllre of ony kind, ' J: hether co', ered or uncovered, in the city. A structure used for an span air market must be of a permanent nature, subject to being secured and afrording a method of night security under the terms and conditions of C 1 zoning or C 2 zoning. 8. 03. 05 Parade Permit Required: A parade throllgh the streets of the city, in connection ':/ ith any circus, c3rni\' al, or outdoor exhibition, sholl not be shoJI.' permitted unless permission is obtained from the city manager in writing prior to the beginning of sllch parade and until any required business tax for staging the p3rade has been paid. Section 8. 3 TemDorarv and SDecial Events: Permittina Section 8. 3. 1 Definitions Ord. 1823 Page 2 of 12 Farmers Market. A arouo of vendors orincioallv involved in the sale of locallv oroduced and arown fruits. veaetables. meats. and other aoods intended for consumDtion. Itinerant vendor. All Dersons. firms and coroorations. as well as their aaents and emoloyees. who enaaae in the temDOrary or transient business in this city. of sellina. or offerina for sale. any aoods. or merchandise includina but not limited to meat. art. music. DhotoaraDhs and Dortraits. or exhibitina the same for sale or exhibitina the same for the ourDose of taking orders for the sale thereof: and who. for the DurDose of carryina on the business or conductina the exhibits thereof. either hire. rent. lease or oCCUOY any room or soace in any oarkina lot. buildina. structure or other enclosure in the city in. throuah. or from which any aoods. or merchandise. may be sold. offered for sale. exhibited for sale or exhibited for the ouroose of takina orders for the sale thereof. Temoorarv business. Any business transacted. ooerated. or conducted in the city for which a written contract. aareement. or lease has not been made for the hire. rental or lease. for at least 16 days. of oremises in or UDon which the business is to be transacted. ooerated. or conducted. Transient business. Any business transacted. ooerated. or conducted in the city by oersons. includina their aaents or emDloyees. who do not have a Dermanent place of business in the city. or who have their headauarters in olaces other than the city but move stocks of aoods or merchandise or samoles thereof into the city for sale and consumotion but with the intention of removina the stocks of aoods or merchandise or samDles thereof away from the city before the exoiration of 16 days. Soecial event. A special event is an event such as art or historical displays or Derformances. music events and . Derformances. Darades. fairs. carnivals. bazaars. festivals. contests. rodeos. arand oDenina events for new businesses. that aenerallv is intended for entertainment. arts and history education. church events. and other tyDes of community buildina activities. and at which the sale of services Droducts. food. drinks. stocks and aoods. is incidental to the ouroose of the sDecial event. Temoorarv event. A temDOrary event is an event such as farmers markets. fruit stands. ODen air markets. sidewalk sales. liauidation sales. push cart vendors. Derformers workina for tips. concession stands. intinerant exhibitions. temporary businesses. transient businesses. and seasonal holiday sales lots. that aenerally is intended for commercial ourDoses and at which the sale of food and drinks is incidental to the main commercial ouroose. This definition does not include aaraae sales conducted on residential DroDerties. Ord. 1823 Page 3 of 12 Section 8.3.2 Prohibition The followina temporary and special events shall be prohibited on city or private property unless a temporary or special event permit is obtained from the city manaaer: farmers markets. fruit stands. open air markets. sidewalk sales. liauidation sales. push cart vendors. concession stands. intinerant exhibitions. temporary businesses. transient businesses. art and history displays and performances. music events and performances. parades. fairs. carnivals. bazaars. festivals. contests. rodeos. arand openina events for new businesses. seasonal holiday sales lots for items such as pumpkins. fireworks. trees. etc.. or any other activity or event tendina to create or cause crowds. impede traffic or otherwise pose a detrimental effect on the public health. safety and welfare. Section 8.3. 3 Permit Process a. Any person plannina to host. sponsor. or hold a temporary or special event shall apply for a permit for that temporary or special event no less than 15 days before the date of the proposed event or activity. The application shall be on a form provided by the city manaaer. accompanied by the appropriate application fee as set forth in the comprehensive fee schedule. and shall contain at least the followina information: 1. name. address. and telephone number of the applicant: 2. name. address and telephone number of the owner of the property where the event is to be held and an owner' s affidavit arantina aaency authority if the applicant is not the owner of the property: 3. the specific location of the event. to include the location on the property and physical dimensions of any structure. vehicle. tent or apparatus that will be used for the event: 4. the nature and purpose of the event: 5. the days and hours of activities for the event: and 6. any other information reauested by the city manaaer that is necessary to properly review the application. b. Upon receipt of the application. the city manaaer shall acknowledae receipt of the application and confirm in writina to the applicant that all necessary information was received and the application is sufficient for review. c. The city manaaer and. if necessary. the department directors. fire chief. and police chief. shall review the application. Review of the application shall include consideration of the followina criteria: 1. the applicant is over the aae of 18: 2. the applicant has paid the appropriate fee for the application review: 3. the applicant must