City of Fair Grove, MO Article IV Miscellaneous Business Regulations

Section 605.190 (Reserved) [1]

[1] Editor's Note: Former Section 605.190, Prohibiting Soliciting From Public Roadway, Highway or City Street or Upon A Public Sidewalk Unless A Permit Has Been Granted, was repealed 6-26-2018 by Ord. No. 158.

Section 605.200 Heritage Reunion Weekend.

[Ord. No. 04-04-03 §§1 — 9, 5-7-2004]

A. Setting Aside The Last Full Weekend In September As The Heritage Reunion Weekend — Scope Of Reunion.

1. The last full weekend of September 2004, and each successive year thereafter is hereby designated and reserved in the City of Fair Grove, Missouri, as Heritage Reunion Weekend.

2. The Reunion hereby licensed by the City of Fair Grove shall include, but not be limited to, the display and sale of works of art, crafts, food and beverages and the display and demonstration of certain machinery, skills, and techniques consistent with the historical theme of the celebration.

3. The Society shall establish rules and regulations pertaining to the organization, participation, cleanliness, ventilation, and quality standards of the Heritage Reunion to the extent that same are not inconsistent with the laws of the State of Missouri and the ordinances of Fair Grove, Missouri. Such rules shall be present on the application, and available for inspection by interested persons at all times during the Heritage Reunion.

B. Permits For Participation In Heritage Reunion Weekend — Special Event Licenses. In recognition and consideration of the benefits arising from and relating to the Heritage Reunion, The City of Fair Grove, Missouri, hereby delegates to the Society the right, privilege and authority to occupy, use, and license the occupation and use of certain streets, avenues, alleys and other public places designated in Subsection (C)(1)(a — e) and subject to the conditions and restrictions as set forth in this Section.

[Ord. No. 83, 8-13-2013]

1. Authority to issue permits. In order to protect the public health, safety and welfare (to promote the City and Historic Society) and to provide an orderly process for the use of limited City right-of-way and public spaces, the Board of Aldermen hereby delegates to the Society the right to license all persons, entities and any crafters or peddlers using City rights-of-way during the annual Heritage Reunion and within the streets and right-of-way described in Subsection (C)(1)(a — e) below, in operation solely for the purpose of deriving monetary or other gain from patrons of the Heritage Reunion, other than those businesses holding full business licenses from the City and transacting that licensed business.

2. Requirement of permit. No person shall organize, produce, direct, conduct, manage, institute, carry-on, sell, hawk, peddle or solicit any activity when the areas described in Subsection (C)(1)(a — e) below are closed for the Heritage Reunion without a permit first being issued by the Society. No person shall participate in any way, in any activity for which a permit has not been issued or any activity for which a permit has been suspended or revoked.

3. Interference with specific events. No person shall knowingly join or participate in any activity in violation of any of the terms, conditions or regulations of the permit issued therefor, or knowingly join or participate in any activity without the consent and over the objection of the permittee or in any manner interfere with the orderly conduct of such event. It shall be unlawful to park a motor vehicle in an area that is barricaded to traffic or closed to parking without first obtaining a permit from the Society.

4. Permit application. An application for permit on a form approved by the Society shall be filed with the Society within a reasonable time to be determined by the Society. Such application shall be signed by the applicant or his/her authorized agent and shall be accompanied by a fee to cover the administrative costs of the Heritage Reunion. The amount of the permit fee shall be approved by the Board of Aldermen. Applications for permits shall be acted upon within a reasonable time.

5. Permit, granting or refusal. The refusal of any permit by the Society shall be final unless a written appeal is filed as provided elsewhere in this Section. Failure to file an appeal within ten (10) days after a letter is mailed denying a permit shall constitute a waiver of the right to such appeal.

6. Permit, granting conditions. As condition to granting such permit, the Society may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting such activity; the maximum number of persons participating therein; the number and type of signs and barricades to be provided by the applicant, if any, together with a plan for their disposition attached to the application; and such other requirements as it may find reasonable and necessary for the protection of persons and property. Any person who has been granted a permit shall cause the permit to be publicly displayed at all times during the Heritage Reunion.

7. Permit, denial. The Society shall not issue any permit if it finds any of the following conditions are not met:

a. The application is not on the form provided or does not contain the required information;

b. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for permit;

c. The building, structure, equipment or activity does not comply with or fails to meet all of the zoning, fire and safety requirements or standards of all of the ordinances of the City, applicable thereto;

d. The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of pedestrian traffic on the sidewalk;

e. The conduct of the specific event will be contrary to law;

f. The conduct of the specific event will unreasonably interfere with the preservation of the public peace, health, safety or welfare;

g. The applicant has had a similar specific permit denied for good cause within one (1) year prior to the application and can show no material change in circumstances since such denial;

h. The applicant does not meet the requirements and guidelines for participation in the Heritage Reunion as published by the Society; and,

i. The applicant refuses to agree to, abide by or comply with all conditions and regulations attendant upon such specific event permit.

8. Suspension or revocation of permit. A permit for an activity issued under this Section may be suspended or revoked by the Society at any time, provided notice is given to the permittee setting forth the reason for the suspension or revocation with an opportunity for a hearing on the suspension or revocation when:

a. There is reasonable cause to believe that any of the grounds exist for which the original application for permit would have been denied; or

b. There is reasonable cause to believe that the health, safety and welfare of persons or property would be endangered because of real or threatened disaster, public calamity, riot, or other emergency.

9. Right of appeal. An appeal from suspension, revocation or denial of a permit by the Society may be made to the City Mayor within ten (10) days after service of notice of such action on the applicant or permittee. Such appeal shall be in writing, setting forth fully the grounds upon which the appeal is based, and shall be filed with the City Clerk, who shall forward copies to the City Mayor and members of the Board of Aldermen. If the City Mayor upholds the decision of the Society any appeal from such decision must be filed within thirty (30) days in accordance with procedures set forth in Chapter 536, RSMo.

10. Garage sales. Notwithstanding any other provisions of the City's ordinances to the contrary, no person shall conduct a garage sale in those areas described in Subsection (C)(1) during the time when the Heritage Reunion is being held.

11. Each person or entity issued a permit by the Society for purposes of the Heritage Reunion shall obtain a special event license from the City of Fair Grove. The Society may assist the City Clerk in obtaining such license on behalf of the person or entity.

C. Designating That Portion Of The City Of Fair Grove To Be Set Aside For The Heritage Reunion And Closing Certain Streets Therein.

1. Erecting of banners, closing of certain streets and other regulation of parking and traffic, parade: The Society shall be authorized to establish the Heritage Reunion in the City in and around the public areas designated in this Section and such private property as the Society obtains permission to utilize. The structures, stands and the like authorized by the Heritage Reunion shall not prevent or interfere with the passage of emergency vehicles or deny reasonable access to persons residing in the areas designated below. The Society is authorized to, at an appropriate location on an annual basis, erect and remove across-the-street banners for the Heritage Reunion and the closing or other regulation of certain streets as set forth herein beginning on a Friday at 5:00 P.M. to 12:00 Midnight Sunday during the Heritage Reunion for the purpose of promoting and conducting the Heritage Reunion, pursuant to the regulations and requirements set forth in Subparagraph (2) of this Subsection (C). The streets affected are as follows:

[Ord. No. 240, 1-10-2023]

a. Streets closed. Main Street from Highway 125 to Walnut Street shall be closed to all traffic except as necessary to conduct such parades as the Society deems appropriate, or unless authorized by the Society and/or the City and for the passage of emergency equipment.

b. Streets converted to one-way traffic. Beginning at the intersection of Main Street, Maple Street traffic shall be one-way east to the intersection of Golden Street; Golden Street traffic shall be one-way north to Walnut Street; Walnut Street traffic shall be one-way west to Main Street; and Main Street shall be one-way traffic south to Maple Street.

c. Streets on which no parking is allowed. The following streets shall have no parking on or alongside any street: Highway 125 between Highway 65 and Grove Road; Hickory Street between Swan Street and Main Street; Main Street between Walnut Street and Saddle Club Road and on Orchard from Highway 125 to Draper Street; Walnut Street between Golden Street and Main; Golden Street between Walnut Street and Maple Street; and Maple Street between Golden Street and Main. This shall not prohibit the parking of vehicles on private property with consent of the owner of said property.

d. Parade. The Society may conduct a parade on Saturday of the Heritage Reunion subject to such restrictions, as it deems appropriate. The route of the parade shall originate in the vicinity of Draper Street near the High School, travel in a southwardly direction along Orchard Blvd. to Highway 125, east on Highway 125 to Main Street and south on Main Street to Maple Street. During the time of the parade, the above referenced streets shall be closed to traffic.

e. The Society shall have the right to erect such banners as reasonably necessary to advertise the Heritage Reunion for a reasonable time prior to and during the Heritage Reunion.

2. Conditions and requirements. Use of City rights-of-way and public places shall be subject to the following requirements:

a. The Society shall provide proof of insurance to the City that the Society possesses a policy of insurance providing at least the statutory minimum requirements for liability insurance as required by the State of Missouri, providing sufficient property damage insurance, and demonstrating that the City is an additional insured under the policy;

b. The Society provide the City with assurances, which will include a bond or cash, in the amount of two thousand five hundred dollars ($2,500), that the area will be cleaned up within two (2) days after the activities have concluded and this bond shall be on file at City Hall by the first (1st) day of September;

c. The Society provide sufficient orange construction type barriers to completely block the street at each end;

d. Permittees of the Society limits the activities in the areas described in Subsection (C)(1) to those activities consistent with and necessary for the Heritage Reunion;

e. The closure of the streets described in Subsection (C)(1) shall be limited to the hours set forth herein, and that the Society shall provide at least a twelve (12) foot lane for emergency vehicles in any such area designated by the Fire Chief of the Fair Grove Fire District, and that the Society shall further comply with all other requirements of the Police Department, Fire Department, and such other City departments as may have an interest in the health, safety and welfare of citizens or visitors, in order to protect the public health, safety and welfare of citizens or visitors resulting from the activities in the areas described in the closed portions set forth herein.

f. The Society shall have personnel at each barricade to permit the entry of emergency response equipment should the need arise;

g. If the Society feels concern about security or crowd control, then the Society is responsible for hiring of sufficient security personnel for the duration of the Heritage Reunion;

h. The Society shall agree with any and all other conditions required by the City to protect the public health, safety and welfare of the citizens and visitors during the Heritage Reunion.

D. Retention Of Police Powers. The City of Fair Grove shall in all respects maintain its fundamental Police powers including the authority to regulate traffic and enforce the laws of the State of Missouri and the ordinances of the City of Fair Grove, Missouri.

E. Indemnity. The Society, its successors and assigns, in the construction, maintenance and operation of the Reunion shall use all reasonable and proper precautions to avoid damage or injury to persons or property and shall indemnify and hold harmless the City from any and all claims for personal injury or property damage caused by its operation of the Heritage Reunion. This Section shall not be assignable or subrogated by the City and is not intended for the benefit of any other person, company or entity besides the City of Fair Grove, Missouri.

F. Compensation For Franchise. As consideration and compensation for the franchise herein granted, the Society shall pay to the City a seventy-five dollar ($75.00) license fee or at a fee established by the Board of Aldermen. Said payment shall be paid annually on the first (1st) day of June each year of the franchise.

G. Violations. Any activity on the last weekend of September within the areas defined in Subsection (C)(1) which may constitute crafting, hawking, peddling, soliciting, street sales, or other activities reserved for the Heritage Reunion, for which a permit has not been issued by the Society and the City shall be considered a violation of this Section. Any person or entity violating this ordinance shall, for each Section, be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00).

H. Governing Law. This franchise is granted under and in conformity with the laws of the State of Missouri, and is subject to all conditions, limitations and restrictions provided therein.

I. Severability. In the event any Section, Subsection, clause, paragraph or provision of this Section is held invalid by any competent court of record, such invalidity shall not affect the validity of said ordinance as a whole, or any part thereof, other than the part declared invalid.

Section 605.210 Festivals.

[Ord. No. 80, 8-13-2013]

A. Definitions. As used in this Section, the following terms shall have the meanings indicated:

FESTIVAL

An outdoor fair, community event or similar event that is primarily commercial and/or recreational in nature that is no more than seventy-two (72) hours long.

FESTIVAL VENDORS SHALL BE KNOWN AS "SPECIAL EVENT LICENSEES"

Any person who sells or offers for sale any goods, wares, merchandise, flowers, horticultural products, services, food or beverages from a booth, stall, stand, table, wagon, pushcart, handcart or other vehicle, or from a pack, basket or similar container, or hand held display at a parade, fair or festival.

B. The festival organizer shall resister the festival with the City of Fair Grove at least thirty (30) days prior to the event.

C. Permits for Participation in Festival — Special Event License.

1. Authority to issue permits. Notwithstanding provisions of Section 605.200 governing the Fair Grove Heritage Reunion, all other festival events that are three (3) or less consecutive days shall require permits for participation in the form of a special event license. In contrast to a peddler's license a special event license shall be issued in recognition and consideration of the benefits arising from and relating to this type of festival event, to be used for no more than seventy-two (72) consecutive hours or the duration of the festival event, whichever is a shorter time period, other than those businesses holding full business licenses from the City and transacting that licensed business.

2. The City of Fair Grove shall have the authority to charge license fees to festival vendors, with the exception of the vendors listed in Subsection (D), but those special event licenses may be issued by and fees may be collected on behalf of the City by festival organizers upon approval by the Board of Aldermen. All fees are to be submitted to the City the first business day following the festival event.

D. Special Event License Application. Every individual who desires to engage in the business of being a festival vendor at a festival, fair or parade shall make application for a special event license in conformity with the provisions of this Section relating to applications for licenses. The sponsor of the fair, festival or parade and the vendor shall be jointly and severally liable for obtaining a special event license from the City.

E. Exemptions. Any festival vendor at a fair or festival which is three (3) calendar days or less in duration which is a farmer or producer for the sale of produce raised by him, her, or them, when sold at any fair or festival from his, her or their wagon, cart or vehicle, or from any person or persons in the employment of such farmer or producer shall be exempt from the payment of a festival vendor license fee pursuant to Section 71.630, RSMo. Exempted festival vendors shall be required to comply with all other provisions of this Section.

F. Special Event License — Term. A special event license shall only be valid for the period of time during which the fair, festival or parade is held.

G. Special Event License — Contents. In addition to any other requirement contained in this Section, the special event license for a festival shall include the name and address of the sponsor of the fair, festival or parade, the name and address, and sales tax ID number of the organization or vendor, days of vending, and other information deemed necessary by the City.

H. Violation and Penalty. The penalty for failure to register your festival or obtain a special event license shall be punished by a fine not exceeding five hundred dollars ($500.00).

I. Nothing in this Section shall authorize the permit official to deny or revoke a permit based upon political, social, or religious grounds or reasons, or based upon the content of the views expressed.