[R.O. 1994 § 612.010; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
This Chapter establishes the policy and procedure of the City
of Lake Ozark for persons and organizations to make application for
and be approved for special events to be held in the City. This Chapter
shall apply to all special events to be held in the City, and it includes
information regarding the application procedure, basis for issuing
permits, and fees (application and cost recovery fees for City services).
[R.O. 1994 § 612.020; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-13, 5-12-2015]
For purposes of this Chapter, the following definitions shall
apply:
The person or organization sponsoring or organizing a special
event and applying for a special event permit required under this
Chapter.
A sawhorse, metal gate, barrel or other approved barrier
set up as a warning device to block the passage of pedestrian and/or
vehicular traffic from a particular designated area.
Normal City work days occurring Monday through Friday, excluding
holidays.
Minor impact to City services and public. Use of roadside
parks, sidewalks, small collection of parking spaces. No road/lane
closures necessary, and minimal staff support is needed. Inclusive
of businesses creating temporary cafe/beer garden space directly in
front of establishments, events primarily taking place on private
property that require additional use of public space. Can last no
longer than six (6) hours. Two hundred dollar ($200.00) fee, three
hundred dollar ($300.00) deposit.
[Ord. No. 2022-51, 1-10-2023]
Medium impact to City services and public. Requires moderate
road/lane closure, use of equipment rental, requires use of key volunteers
and staff support. Inclusive of parades, footrace events, or events
where center lane parking alone is requested.
[Ord. No. 2022-51, 1-10-2023]
High impact to City services and public. Prolonged road/lane
closures, heavy use of equipment rental, may include open container
downtown, staff support and robust volunteer presence needed. Inclusive
of street parties, requests for complete road closure, etc.
[Ord. No. 2022-51, 1-10-2023]
Administrative and departmental costs charged by the City
to an applicant in conjunction with a special event permitted by this
Chapter.
All persons, both principal and agents, who engage in, or
conduct, in this City, either in one (1) locality or in traveling
from place to place, a temporary or transient business of selling
goods, wares and merchandise with the intention of continuing or conducting
said business in connection with or during a special event, and who,
for the purpose of carrying on such business, do not lease or occupy,
either in whole or in part, a room, building, or other structure,
for the exhibition and sale of such goods, wares and merchandise and
do not have a business license issued by the City of Lake Ozark.
A march, procession, organized movement, or motorcade consisting
of persons, vehicles, or a combination thereof that is:
Those individuals, including, but not limited to, the applicant,
who take part in the activities of the special event.
Any person, firm, partnership, association, corporation,
society, company, or organization of any kind.
A group activity, including, but not limited to, a demonstration,
march, meeting, parade, protest, rally, or vigil which involves the
expression of opinions or grievances of persons for a common purpose
as a result of prior planning and which interferes or has a tendency
to interfere with the normal flow or regulation of pedestrian or vehicular
traffic upon the streets, sidewalks, or other public grounds within
the City or does not comply with normal and usual traffic, regulations
or controls, or which occupies any public area open to the general
public to the exclusion of others.
Any area or way set aside or open to the general public for
the purpose of pedestrian traffic, whether or not it is paved.
Refers to and shall include, but not be limited to, a parade,
public assembly, performance, meeting, contest, exhibit, sports event,
competition or presentation, community event, ceremony or farmers'
market as defined by Section 144.527, RSMo., which is to be held wholly
or partially on property owned or maintained by the City, on a street
or sidewalk located within the City and will likely result in the
obstruction of such streets or sidewalks or will likely compromise
the ability of the City to respond to a public safety emergency, or
on any other property, but requires for its successful execution the
provision and coordination of City services to a degree over and above
that which the City routinely provides. The definition of "special
event" is not intended to include an activity held solely on private
property and which does not otherwise require for its successful execution
the provision and coordination of City services to a degree equal
to and/or over and above that which the City routinely provides.
Any written authorization issued as required by this Chapter
that authorizes the performance of a specified act or acts on a street
or other City property.
Those individuals who shall give initial review of all special event applications and submit a recommendation to the Board of Aldermen that, based upon the criteria for issuance of special event permits as per Section 612.040 of Code of the City of Lake Ozark, such requested special event permit should be granted or not.
[Ord. No. 2020-38, 11-24-2020]
Any paved or unpaved road, thoroughfare, avenue, boulevard,
parkway, drive, or other public way set aside or open for purposes
of vehicular traffic, including any shoulder or median strip thereof.
Those activities performed by the Police during a special
event that relate to the orderly flow of pedestrian, vehicular and
other forms of movement along public rights-of-way.
[R.O. 1994 § 612.030; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-04, 3-24-2015]
A.
All special event applications shall be available for pick up or
mailing at the Lake Ozark City Hall. Applications shall be submitted
to the Mayor or his or her designee in person, by mail, by fax or
by email. Category 1 Events are reviewed by staff and taken directly
to the Board of Aldermen. These requests must be submitted no later
than thirty (30) days in advance of the event. No more than four (4)
Category 1 Events can occur simultaneously. Further, a Category 1
Event may not take place during a Category 2 Event or Category 3 Event.
Recommendations will be taken to the Board of Aldermen in the order
received. Category 2 Events and Category 3 Events are reviewed by
staff, the Special Events Committee, and the Board of Aldermen. Application
for Category 2 Events must be submitted no later than sixty (60) days
prior to the event. Applications for Category 3 Events must be submitted
no later than ninety (90) days prior to the event. No Category 2 or
Category 3 event may occur simultaneously.
[Ord. No. 2019-07, 2-12-2019; Ord. No. 2022-51, 1-10-2023]
B.
The information requested in the written permit application shall
include the following and shall be updated by the applicant in a timely
fashion should circumstances change prior to the special event:
1.
Application information, including the name, address, and telephone
number of the person(s), and if applicable the organization, seeking
to conduct the special event;
2.
A description of the special event as well as the requested
date(s) and hours of the special event;
3.
The location of the special event and, if applicable, a route
and traffic plan, including, but not limited to, the proposed route
to be traveled, including the starting point and the termination point;
4.
If roads and/or sidewalks will be closed, the applicant will
be required to explain how motorists and business owners and residents
will be notified in advance of the special event;
5.
If the special event is taking place on private property, written
authorization from the owner will be required;
6.
The approximate number of participants in the special event;
7.
Whether any animals and/or vehicles will be involved in the
special event and the type of animals and description of the vehicles;
8.
A statement as to whether the special event will occupy all
or only a portion of the width of the streets proposed to be traversed;
9.
A proposed site plan, including the location of structures,
electrical, sanitation, and plumbing and the location by street of
any assembly areas for the special event;
10.
The time at which any unit of a special event will begin to
assemble at such area;
11.
If the special event is designed to be held by or on behalf
of an individual or organization other than the applicant, a letter
from said person/group shall be filed with the permit authorizing
the applicant to file for the said permit on his/her/its behalf;
12.
A description of any sound systems, or other electrical or other
devices to be used in connection with the special event, including
a list of entertainers/bands/performers;
13.
The estimated/approximate number of spectators;
14.
Whether alcohol is planned to be served. Special event organizers
are required to secure necessary authorizations from appropriate City,
State or Federal authorities;
15.
A designation of any public services, facilities or equipment
to be utilized and a description of special event access for persons
with disabilities and security plans, if any. In the event that an
applicant wishes to use City equipment that is made available to the
public, it shall be necessary to pay the hourly or flat fee rental
rates set by the applicable department. Such rates shall be provided,
in writing, upon request;
16.
Information as to whether any food, beverages or other concessions
will be sold within a special event area. Any plans to sell concessions
must be separately reviewed by the Mayor or his or her designee. Special
event organizers are required to secure the necessary mercantile and
vendor licenses and Health Department permits; and
17.
A list of all itinerant vendors expected to participate in the
special event, including their names addresses, and phone numbers.
C.
Cleanup Plan. Special event organizers are expected to clean up after
their event. Special event organizers may provide their own personnel
for cleaning up or may contact the City for rates to use City employees.
D.
If insurance is required by the Board of Aldermen, a copy of the
certificate listing the City as an additional insured and a signed
indemnification statement must be filed with the City.
E.
No
special event permit may be issued to any event organizer or successor
organizer who is delinquent on any fess due to the City or LOFPD on
account of a past event.
[Ord. No. 2022-51, 1-10-2023]
F.
Following
the completion of an event, if the Special Events Committee finds
there were no significant issues with the organization of the event
and all fees have been paid to the City and LOFPD, the organizer may
request dates for the event in the forthcoming calendar year. If approved,
the organizer will have their requested dates reserved until ninety
(90) days prior to the requested dates. If an event application is
not submitted prior to that time, the reserved date(s) shall be released
and available to any other event applicant.
[Ord. No. 2022-51, 1-10-2023]
[Ord. No. 2019-07, 2-12-2019]
A.
There shall be established a Special Event Review Committee to give initial review to all special event applications and submit a recommendation to the Board of Aldermen that, based upon the criteria for issuance of special event permits as per Section 612.040 of Code of the City of Lake Ozark, such requested special event permit should be granted or not.
B.
The Committee shall be composed of 1) the Chief of Police, or a selected designee by the Chief from the Department; 2) the Director of Public Works, or a selected designee by the Director of the Department; 3) the City Administrator, or at the designation of the Administrator, the Assistant City Administrator; and 4) four (4) appointees of the Mayor, one of which shall be the owner of a retail business within the City's Central Business District, one of which shall be the owner of a food and beverage establishment within the City's Central Business District, and two (2) citizens at large from the community. In addition, the Executive Director of the Lake Area Chamber of Commerce and the President of the Bagnell Dam Business Owners Association or their appointed designee shall be invited to attend all such meetings as non-voting advisory members. The Mayor's appointments are subject to the approval of a majority of the Board of Aldermen. Members of the Committee shall serve for the term of the Mayor who has appointed such members. Vacancies shall be filled by the Mayor, subject to Board approval, as they may occur. The Committee members shall select a Chairman and Vice Chairman from its ranks and conduct their meetings in accord with the same provisions applicable to the conduct of meetings of the Planning and Zoning Commission as contained in Section 400.040 of the City's Code.
C.
Upon
the receipt of a special event permit application, the City Clerk
shall call for a meeting of the Special Event Review Committee. Notice
of such meeting shall specifically be given to the applicant at least
seventy-two (72) hours in advance and public notice given in the same
manner as notice of all other Board committees.
D.
After each meeting, the Chairman of the Special Event Committee shall draft a formal recommendation to the Board of Aldermen that specifically addresses each of the seven (7) factors contained in Section 612.040 of the City's Code that the Board is to consider for approval of a special event permit.
[R.O. 1994 § 612.040; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A.
Upon approval of by the Board of Aldermen, the Mayor or his/her designee
may issue the special event permit. Before approving the permit, the
Board shall first receive the recommendation of the Special Event
Review Committee. The Board may then conduct its own inquiry into
the approval or denial of the application. However, the Board shall
not approve the issuance of any special event application unless it
finds as follows:
[Ord. No. 2019-07, 2-12-2019]
1.
The proposed special event is appropriate for the size and use
for which the requested location has been established or designated;
2.
The proposed special event will not interfere with a previously
permitted special event or previously approved construction or maintenance
work;
3.
The proposed special event will not substantially or unnecessarily
interfere with traffic in the area contiguous to the special event
or that, if the activity will substantially interfere with traffic,
there will be sufficient City resources available at the time to mitigate
the disruption;
4.
The applicant has complied with the application requirements,
including, but not limited to, permit fees, cost recovery, insurance
and indemnification requirements where applicable;
5.
The application is complete and does not contain misrepresentations
of fact;
6.
The concentration of persons, animals, and vehicles at public
assembly points of the special event or during a continuous procession
will not unduly interfere with property, fire and police protection
of, or ambulance service to, areas contiguous to such public assembly
or processional areas; and
7.
Adequate sanitation and other required health facilities are
or will be made available in or adjacent to any public assembly areas.
B.
Special event organizers shall be responsible for providing adequate
toilet facilities throughout an event venue as required by the Mayor
or his or her designee.
C.
If a special event will include animals, at least one (1) week prior
to the special event, the applicant shall provide the City with a
health certificate for each animal to participate as well as the name
of a local veterinarian who shall provide care for an injured or sick
animal and a copy of the handler's licenses required under Federal
and/or State law.
D.
It is recommended that no advertising of the special event commence
until the applicant receives final permit approval.
[R.O. 1994 § 612.045; Ord. No.
2013-28, 10-8-2013; Ord. No. 2019-07, 2-12-2019]
If an applicant anticipates that itinerant vendors will be participating
in the special event, or if a participant intends to sponsor or organize
itinerant vendors for the special event, he or she shall contact the
Missouri Department of Revenue at least three (3) weeks before the
special event and give the date and time of the special event, the
place it will be held, his or her address, phone number, and the number
of itinerant vendors participating in the special event. The applicant
or participant shall be responsible for furnishing the reporting forms
and sales tax rate charts from the Missouri Department of Revenue
to all itinerant vendors who participate in the special event. The
applicant or participant shall furnish to the Missouri Department
of Revenue and to the Clerk of the City of Lake Ozark, before the
special event, with a list of all participating itinerant vendors,
including their names, addresses and phone numbers. Any itinerant
vendor(s) failing to be disclosed and identified as herein required
or fails to provide proof of possessing the appropriate tax reporting
form and/or are found not to be collecting appropriate sales tax will
be disqualified from participation in the special event. Further,
the event organizer may have the approval of their special event application
revoked and/or their deposit forfeited to the City if any itinerant
vendor is operating in violation of the provisions of this Section.
[R.O. 1994 § 612.050; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A.
General Liability Insurance. Due to the risk of personal injury and
property damage under certain circumstances, the City reserves the
right to require special event organizers to have insurance particularly
for events involving animals, fireworks, automobiles, motorcycles,
and the sale of food. When required, the applicant shall maintain
insurance in the amount specified below to cover the entire duration
of the special event. The applicant shall provide the City with a
certificate of insurance duly executed by the officers or authorized
representatives of a responsible insurance company evidencing the
following minimum coverage(s) and specifically identifying the City
as an additional insured, which insurance shall be non-cancelable,
except upon prior written notice to the City:
|
General Liability
|
Individual Occurrence
|
Aggregate
|
|---|---|---|
|
Bodily injury including death
|
$500,000.00
|
$1,000,000.00
|
|
Property damage
|
$100,000.00
|
$250,000.00
|
B.
All policies must be made on an occurrence basis. Claims-made policies
are not acceptable.
C.
The applicant, on behalf of himself/herself or any other persons,
organizations, firms or corporations on whose behalf the application
is made, by filing a permit application shall represent, stipulate,
contract and agree that he/she will jointly and severally indemnify
and hold the City harmless against liability, including court costs
and attorneys' fees, and attorneys' fees on appeal, for any and all
claims for damage to property, or injury to, or death of persons arising
from the sponsor's activities authorized by the special event permit.
In such circumstances, a specific indemnification statement shall
be attached to the application.
[R.O. 1994 § 612.060; Ord. No.
2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2019-07, 2-12-2019; Ord. No. 2022-51, 1-10-2023]
A.
The application fee shall be non-refundable. The application fee for a Category 1 Event shall be two hundred dollars ($200.00). The application fee for a Category 2 Event shall be four hundred fifty dollars ($450.00); and the application fee for a Category 3 Event shall be eight hundred dollars ($800.00). If the application is for a Category 2 or Category 3 Event that is for more than one (1) day, or is for reoccurring days throughout the year, there shall be an additional application fee of twenty-five percent (25%) of the applicable fee for each additional day. A civic organization may request a waiver of the fee which may or may not be granted by the Board of Aldermen; but said fee will not be reduced to less than one hundred twenty-five dollars ($125.00). The City also requires a refundable deposit of three hundred dollars ($300.00) for a Category 1 Event; one thousand dollars ($1,000.00) for a Category 2 Event; and two thousand dollars ($2,000.00) for a Category 3 Event. Likewise, if the application is for a Category 2 or Category 3 Event that is for more than one (1) day, or is for reoccurring days throughout the year, there shall be an additional deposit of twenty-five percent (25%) for each additional. day. The deposit can be used to cover any expenses deemed necessary by the City, such as, but not limited to, those referenced in Subsection (B) of this Section 612.060. A civic organization may request a waiver of the deposit that may or may not be granted in the discretion of the Board of Aldermen.
B.
Additional Charges.
1.
Reimbursement Of Staff Costs. If an event requires participation
from City employees, the respective department head should keep accurate
records of employee time contributed to the event. If staff involvement
is necessary beyond regular scheduling, organizers may be billed for
one-third (1/3) of the average hourly rate for the department. (Example:
The Police Department would normally have two (2) employees scheduled
to work a given 12-hour shift on a Saturday. Because of the event,
three (3) additional officers are needed for a 12-hour period. The
organizer will be billed one-third (1/3) the average hourly rate of
an additional three (3) officers for the given period). The average
hourly rate is to be established in January of each year. This can
be charged against the organizer's deposit or be a direct bill. At
the Special Event Review Committee meeting prior to the approval of
an application, the department heads will identify anticipated staff
time associated with the event and will identify opportunities for
recruited volunteers to reduce this volume. A minimum and maximum
number of hours should be identified for to establish cost estimates.
2.
The Chief of Police shall determine whether and to what extent
the traffic control services of police (including the need for barricades)
are reasonably necessary for a special event. The Chief of Police
shall base this decision on the following criteria:
a.
The location, duration, route, time and date and expected size of
the event;
b.
The expected sale or service of alcoholic beverages;
c.
The number of streets and intersections blocked and what portion
of the streets is planned to be used for the special event;
d.
The need to detour or preempt citizens' travel on and use of
the streets and sidewalks.
3.
Property Or Equipment Damage. Within thirty (30) days after
the completion of a special event, the City shall transmit to the
applicant an itemized bill setting forth any verifiable damages or
loss to City equipment or property known by the City to be caused
by said applicant during a special event. In the event that the applicant
refuses to pay such bill, the City reserves the right to seek legal
recourse permitted under applicable law for recovery of said damages.
4.
Damaged/lost equipment (cones, barricades, signs, etc.) will
be charged at one-half (1/2) replacement cost against the organizer's
deposit. If the expense exceeds the deposit amount, the organizer
will be billed directly for this cost.
5.
The City reserves the right to assess additional costs for litter
and refuse collection to the extent that the applicant fails to meet
its obligations as set forth in its cleanup plan. Charges shall be
determined by the City Administrator after he or she receives the
verified time sheet of the foreperson in charge of said cleanup. The
current applicable hourly rates for City personnel shall be charged,
and an itemized bill shall be sent to the applicant. In the event
that the applicant refuses to pay such bill, the City reserves the
right to seek legal recourse permitted under applicable law for recovery
of said damages.
6.
Pursuant to applicable law, the City shall not charge any fees
for police protection that is required due to potential public response
to speech content.
C.
The City will work with applicants to determine ways to reduce the
need for City services with the use of volunteers if possible. The
use and placement of volunteers are subject to the discretion of the
Chief of Police. To the extent permitted by the Chief of Police, organizers
will be allowed to hire security guards for security functions related
to the special event.
D.
Should the City determine in the planning process that it is necessary to pursue a cooperative services agreement with the Lake Ozark Fire Protection District to establish it as an emergency management and response team for the event, the LOFPD may assess against the event organizer(s) its staff reimbursement costs on the same basis as the City in Subsection (B)(1) of this Section 612.060, though their charges may not exceed those of the City.
