[Ord. No. 914 §1, 1-31-1984]
A.
Annual
festival events, known locally as the Maifest and Octoberfest, regularly
attract extraordinary numbers of visitors to the City of Hermann,
frequently in amounts several times the normal population of the City.
B.
A normal
element of such festivals is the proliferation of temporary vendors
of goods and services within the City at random locations.
C.
The
combination of such extraordinary crowds and the randomness of temporary
vendor activities imposes a burden upon public property, facilities,
and personnel, including law enforcement officials, far in excess
of their normal capacity.
D.
The
maximum effectiveness of city personnel and law enforcement officials
and the most efficient use of public property and facilities may be
achieved through a more coordinated system for the planning and execution
of festival activities.
E.
The
preservation of public facilities and private property, promotion
of public safety, and performance of traffic and crowd control duties
of the Police Department during the festivals can best be accomplished
by the consolidation of festival activities, including vendor sales
and solicitations.
F.
Because
of the vast numbers of people attracted to the City during the Maifest
and Octoberfest celebrations, there is a relatively greater need for
regulation of such events and of the use of public facilities.
G.
There
is a correspondingly lesser need for regulation of special events
occurring at other times of the year which involve the use of public
facilities and personnel.
[Ord. No. 914 §2, 1-31-1984]
Wherever in this Chapter any of the following terms are used,
the definitions or descriptions set forth after each defined term
shall apply:
An occasion or series of events which includes an accumulation
of large numbers of people and related exhibitions, performances,
tours, promotions, and celebrations. Specifically, such term shall
be deemed to refer to the annual Maifest celebration, during the third
(3rd) weekend of May; and the annual Octoberfest celebration, during
each weekend of October.
Any natural person, corporation, partnership, voluntary association,
trust, or other legal entity.
The owner or operator or authorized managing agent of private
business premises within the City of Hermann.
Any scheduled public organized activity, not occurring on
a weekly or monthly basis, which requires or involves the use of public
property, facilities, or personnel to an extent significantly greater
than the use to which such property, facilities, or personnel are
regularly subjected.
The person, as such term is defined herein, who is primarily
responsible for the promotion, planning, coordination, or execution
of a festival or special event.
Any person who, for himself or for any person or entity,
sells or offers to sell or delivers or gives away, with or without
the expectation of a donation in return, any goods or services or
information, which terms shall include merchandise, personal services,
property services, investment opportunities, or any mode of entertainment
or amusement, or who solicits for or takes orders for the later delivery
of any such goods or services, at any location other than the permanent
place of business for such purpose for which there is in effect a
valid and current general business license issued by the City of Hermann;
or who seeks to obtain prospective customers for application or purchase
of any type or seeks to obtain subscriptions to any type of publication
or seeks to obtain gifts or contributions of money, clothing, or any
other valuable thing for the benefit of himself or any other organization
or seeks to obtain information from members of the public at large;
to conduct business within the City of Hermann pursuant to this Code.
[Ord. No. 2220, 2-8-2021]
[Ord. No. 914 §3, 1-31-1984]
A.
No
public property or facilities shall be used by any person during any
festival or special event in a manner or to an extent which differs
significantly from the normal and intended use of such property or
facilities on a regular daily basis, without first obtaining a license
therefor as provided in this Chapter.
B.
The
Board of Aldermen may assess and collect from the sponsor of any such
festival or special event, as a condition to allowing the special
or extraordinary use of public property or facilities, a charge based
upon the actual cost of such special or extraordinary usage, including
the cost of utilities consumed at such property or facilities during
the event, the cost of cleanup or repair of the property or facilities
after the event, and the cost of extra police protection or other
city personnel required at the property or facilities because of the
event.
C.
As
a condition of the grant of a license for the special use of such
property or facilities, the Board of Aldermen shall require that the
sponsor furnish proof in advance of its ability to provide not less
than two (2) public sanitary restroom facilities for every two thousand
(2,000) people expected to visit such location on each day of the
event, and of its ability to maintain such facilities in a sanitary
condition for the duration of the event.
D.
For
any festival or public event to occur in the City of Hermann for which
there is no direct sponsor, the Board of Aldermen may, in its discretion,
set aside or otherwise designate such portions of public property
or facilities within the City as it may deem necessary for the safe
and efficient accommodation of the public during such festival or
event.
[Ord. No. 914 §4, 1-31-1984; Ord. No. 950 §1, 6-10-1985]
A.
The
sponsor of any festival or special event within the City of Hermann
who desires that any public property or facilities be set aside for
special use by the public and participants in such festival shall
file an application therefor with the City Clerk in the manner provided
herein.
B.
The
application for such special use of public facilities during a festival
shall be filed not less than ninety (90) days in advance of the last
business day preceding the commencement of such festival.
C.
The
application for such special use of public facilities during a special
event shall be filed not less than sixty (60) days in advance of the
last business day preceding the commencement of such special event.
1.
No application shall be required for the use during a special event
of any property or facilities if such use thereof is of the type routinely
administered or permitted by the Park Board of the City of Hermann,
if permission therefor is granted by the Park Board pursuant to its
own bylaws and application requirements.
2.
No license shall be required for the use of any public property or
facilities if the intended use is of the same type, duration, and
quantity as normally experienced on a daily basis.
D.
The
application for such license shall be in writing, on forms provided
by the City Clerk, and shall provide for disclosure and verification
of the following information:
1.
Name and address of the sponsor;
2.
Name, address, and residence and business telephone numbers of the
chief managing official of the sponsor, if different;
3.
Date and duration of the intended festival or special event;
4.
Nature of activities to be conducted during such festival or special
event;
5.
Location of each such activity;
6.
Description of each item or tract of public property or facilities
desired to be designated in the license for special use;
7.
Description of any special services, equipment, personnel, or police
protection requested to be provided at each location during the festival
or special event;
8.
Estimate of the number of people expected to visit each such location
on each day of the festival or special event;
9.
Statement of the type and number of temporary restroom facilities
to be provided by the sponsor at each such location, if required by
this Chapter;
10.
Number of vendor spaces requested to be allotted at each location;
and
11.
Date and time when normal use of such property or facilities may
be resumed after completion of the festival or special event.
[Ord. No. 914 §5, 1-31-1984]
A.
The
Board of Aldermen shall promptly review each such application for
a license for the special use of public facilities, and the City Clerk
shall schedule a hearing thereon at the first (1st) regular meeting
of the Board of Aldermen which occurs seven (7) days or more after
the date such application is filed. The Board of Aldermen may waive
such time requirement for good cause shown. The sponsor of such festival
or event, and all other interested persons, shall be given an opportunity
to appear before the Board of Aldermen at such hearing and present
evidence or question other participants in the hearing.
B.
The Board of Aldermen shall announce its decision whether to grant or deny the application at a public meeting of said Board, either immediately following the hearing on the application or at a subsequent public meeting. If the license is granted, it shall be in the form provided in Section 615.060 of this Chapter.
C.
In
the case of issuance of a license for use of public facilities during
a festival, the Board of Aldermen may condition the grant of such
license upon its receipt from the sponsor of such additional information,
documents, or reports as may be reasonably required for the coordination
of city personnel, equipment, services, and other facilities prior
to and during the festival.
[Ord. No. 914 §6, 1-31-1984]
A.
Each
license issued by the Board of Aldermen for the special use of public
property or facilities during a festival or special event, as provided
in this Chapter, shall be in writing, upon forms provided by the City
Clerk, and shall be signed by the Mayor and attested to by the City
Clerk. The license shall be dated and shall bear the official Seal
of the City of Hermann, and shall set forth the following information:
1.
The name, date, duration, and location of the festival or special
event;
2.
The name and address of the sponsor;
3.
A complete description of all public property or facilities designated
for special use during such festival or special event, and the type
of activities that shall be permitted at each facility;
4.
The total number of vendor spaces authorized for each such facility;
5.
A statement whether or not any public streets, alleys, sidewalks,
or parking lots have been authorized for closing to normal vehicular
or pedestrian traffic during the festival or special event, and if
so, the hours during which such closure has been authorized and the
circumstances, if any, under which exceptions to the closure shall
be made.
[Ord. No. 914 §7, 1-31-1984; Ord. No. 950 §2, 6-10-1985]
A.
No
person shall engage in any activity as a vendor during any festival
at any location within the City of Hermann, whether on public property
or private property, without having in his possession a lawfully issued
vendor space permit as provided in this Chapter. No person who holds
such a vendor space permit shall conduct such vendor activities at
any place other than the location designated in the permit.
B.
The
maximum number of vendor space permits which may be issued during
the Maifest festival to occur during the year 1984 shall be one hundred
thirty (130); and the maximum number of vendor space permits which
may be issued during the Octoberfest festival to occur during the
year 1984 shall be as determined by resolution of the Board of Aldermen
to be adopted not later than May 1 of such year. For each subsequent
year, the Board of Aldermen shall determine the maximum number of
such permits to be authorized for each festival and shall specify
such number in a written resolution adopted as required by law. If
the Board of Aldermen fails to adopt such a resolution at or before
the first (1st) regular meeting thereof in May of any year, the number
of vendor spaces so authorized in the next prior year shall again
be authorized. In determining the appropriate number of vendor spaces
to be authorized, the Board of Aldermen shall consider, in addition
to other factors then deemed by the Board to be appropriate under
current circumstances, the following factors:
1.
Area, location, and condition of public property or facilities available
for use by vendors, and the availability of municipal services to
such sites;
2.
Number, area, location, and condition of private property or facilities
available for use by vendors and offered for such use by application
of the owner thereof in the manner provided in this Chapter;
3.
The number and location of vendor spaces authorized in the next preceding
year, and the presence or absence of problems related to vendor operations;
4.
The recommendations of the Chief of Police and other municipal department
heads with respect to the most efficient use of municipal property,
facilities, and personnel;
5.
The size and duration of crowds during the preceding year's festivals
and the relative utilization of public facilities by such crowds;
6.
Any planned or expected changes in the manner of operation of festivals
in the current year;
7.
Relative cost to the City for administering vendor operations during
the preceding year's festivals; and
8.
Comments from the public at any meeting of the Board of Aldermen
at which the issue of vendor space permits is to be discussed.
C.
The
total number of vendor space permits to be authorized during festivals
shall be allocated among public property and facilities, public property
and facilities leased to a festival sponsor, and qualifying private
property, as provided in this Chapter.
D.
In
the event the Board of Aldermen leases or sets aside a portion of
public property or facilities to the sponsor of a festival, whose
application therefor has contained a request for authorization of
space permits for vendor operations, the Board of Aldermen may in
granting such license specify the number and location of vendor spaces
to be allotted to the sponsor for the affected area.
E.
Upon
the written application of the proprietor of private property or facilities
located within the City of Hermann, the Board of Aldermen may authorize
the issuance of vendor space permits to such proprietor for the purpose
of allowing vendor operations to be conducted upon the property or
facilities of such proprietor during a festival. The application therefor
must be filed with the City Clerk not less than ninety (90) days in
advance of the last business day preceding the commencement of the
festival for which permits are sought. The application shall be considered
by the Board of Aldermen in the same manner as provided in this Chapter
for applications for the use of public facilities during festivals.
The application shall state the following:
1.
Name, address, and residence and business telephone numbers of the
proprietor;
2.
The exact location and size of the private property or facilities
for which such permits are sought;
3.
The provisions to be made by the proprietor for off-street parking,
public restroom facilities, and crowd and traffic control; and
4.
Sufficient additional information as may be reasonably required by
the Board of Aldermen to find that the allowance of such vendor operations
in the quantity and location requested by the proprietor shall not
present an extraordinary risk of harm to the public or unreasonably
endanger or interfere with the use of or access to other private property
or to public property or facilities.
If the Board of Aldermen authorizes the issuance of vendor space
permits to a proprietor of private property, it shall so signify by
the adoption of a written resolution which sets forth the name and
address of such proprietor, the exact location where vendor operations
shall be allowed, and the maximum number of vendor space permits which
may be issued for such location.
F.
For
any festival for which there is no primary sponsor or for which all
of the authorized vendor space permits have not been allotted to a
festival sponsor or proprietor of private property as provided in
this Chapter, the Board of Aldermen may in its discretion set aside
appropriate public property or facilities at which vendor operations
may be allowed during a festival. The designation of such property
or facilities shall be written resolution of the Board of Aldermen
which sets forth the location of each vendor area and the maximum
number of vendor space permits to be issued for such area. The number
of vendor spaces so allocated to public property or facilities, plus
the number of spaces allocated to the festival sponsor and proprietors
of private property, shall not exceed the total number of vendor spaces
authorized by the Board of Aldermen for such festival.
G.
A fee
of ten dollars ($10.00) shall be paid for all vendor space permits
as described herein.
[Ord. No. 2220, 2-8-2021]
[Ord. No. 914 §8, 1-31-1984]
A.
Vendor
space permits which authorize the conducting of vendor operations
within the City of Hermann during a festival shall be issued only
to holders of a valid business license issued by the City of Hermann
as otherwise required by ordinance, or to persons exempt from the
requirement of licensing pursuant to local ordinance or applicable
law. However, a prospective vendor may file an application for a space
permit contemporaneously with an application for business license
or for recognition of exemption from licensing, in which event the
date of filing of both applications shall determine the priority of
such applicant for purposes of issuance of the space permit. In the
event the number of applications for vendor space permits filed at
any time exceeds the authorized number of permits for the impending
festival, the City Clerk may establish a waiting list with the applicants
listed in the order of filing of their applications, pending issuance
of business licenses and possible cancellations by other vendors.
B.
Applications
for vendor space permits shall be made in writing on forms provided
by the City Clerk. Such forms shall require disclosure of the following
information:
1.
Name, address, and business telephone number of the applicant;
2.
Type of activity to be conducted by the applicant;
3.
Name and date of festival for which a permit is sought;
4.
Type of City of Hermann business license held by the applicant, or
type for which an application has been filed;
5.
Date of issuance of City of Hermann business license or date on which
application therefor has been filed;
6.
Whether any special municipal services or utilities are desired by
the applicant; and
7.
The name and date of any prior festival within the City of Hermann
for which the applicant had been issued a vendor space permit.
C.
All
such applications for vendor space permits shall be filed in person
at the office of the City Clerk by the applicant or by an authorized
agent for the applicant. In order to allow the City Clerk to maintain
an accurate record of the date and time of filing of each application,
for the purpose of determining priority of filing and entitlement
to issuance of a permit, no such application shall be accepted by
mail. No such application may be filed for any festival more than
one hundred eighty (180) days in advance of the last business day
preceding the commencement of such festival. No such application may
be pre-filed or submitted to the City Clerk or any other city official
or employee for holding in advance of the authorized date for filing.
Any application received by or delivered to the office of the City
Clerk by mail or in advance of the opening filing date shall be discarded
by the City Clerk without filing or processing the same. No such application
for vendor space permits shall be accepted by the City Clerk for filing
after 5:00 P.M. on the fifth (5th) municipal business day before the
festival for which a permit is sought.
D.
The
sponsor of a festival or a proprietor of private property approved
for vendor operations may obtain from the City Clerk upon request
the authorized number of vendor space permits allocated to the designated
areas of such sponsor or proprietor. Such sponsor or proprietor may
then issue such permits to vendors accepted by the sponsor or proprietor
for operations within the designated area, upon the following conditions:
1.
Such permits shall be issued by the sponsor or proprietor only to
holders of the required business licenses of the City of Hermann or
to persons lawfully exempt from the licensing requirements, and only
after the City Clerk has confirmed the issuance of a license or recognition
of exemption therefrom;
2.
Such permits shall be issued by the sponsor or proprietor only in
the order of receipt of applications therefor from prospective vendors
otherwise meeting the requirements or qualifications established by
the sponsor or proprietor;
3.
The sponsor or proprietor shall require that all authorized vendors
conform to all applicable requirements of law and local ordinance;
and
4.
The sponsor or proprietor shall report in person and in writing not
less than weekly to the City Clerk with respect to the issuance of
such permits, giving notice of the name and address of each person
to whom a permit has been issued, the type of operation to be conducted
by the vendor, and the exact location for which such permit has been
issued; accept no applications for and issue no permits after 5:00
P.M. on the fifth (5th) municipal business day before the festival;
and make a final report of all permits issued and surrender any unused
permits to the City Clerk not later than 5:00 P.M. on the third (3rd)
municipal business day before the festival.
E.
Such
a sponsor or proprietor may serve as agent for prospective vendors
for the purpose of obtaining forms from the City Clerk for use in
applying for business licenses or vendor space permits, returning
the same to applicants, and delivering completed applications and
necessary fees to the City Clerk for processing, if requested to do
so by a prospective vendor. In so acting, such sponsor or proprietor
shall act solely on behalf of the applicants and shall not be deemed
for any purpose a general or special agent of the City of Hermann.
Responsibility and authority for issuance of all city licenses and
for determination of claims of exemption therefrom shall remain with
the City Clerk. Nothing contained in this Chapter shall be construed
as a waiver or relinquishment of any duty or discretion delegated
to the City Clerk or other official of the City of Hermann.
F.
If
a sponsor or proprietor charges a fee of any type from vendors for
the privilege of conducting operations within the area allowed or
assigned to such sponsor or proprietor, responsibility for collection
of such fees and for the enforcement of any nongovernmental regulations,
if any, shall rest solely with the sponsor or proprietor. No part
of any such fee shall be paid to or collected by the City of Hermann.
G.
There
shall be no separate charge for the issuance of vendor space permits
as provided in this Chapter. Each such permit shall be in writing;
be issued in the exact order of filing of applications therefor; bear
the signatures of the Mayor and City Clerk and the official Seal of
the City of Hermann; be numbered sequentially; and state the name
and address of the authorized vendor, the type of activity to be conducted,
the dates for which valid, and the exact location of the authorized
space.
H.
The
holder of any vendor space permit who conducts operations within the
City of Hermann during a festival shall display prominently within
the designated area the permit and license, if any, issued to such
vendor, and shall present the same for inspection at any time upon
request of any Police Officer or other official of the City of Hermann.
In the event of violation of any ordinance of the City of Hermann
or the making of a false statement in the application for such permit
or required city license by any vendor, the permit held by such vendor
may be revoked summarily upon order of the City Administrator or Mayor.
[Ord. No. 1110 §1, 4-27-1992]
A.
Notwithstanding
any provision contained in this Chapter, or in any other ordinance
of the City of Hermann, no person shall during any festival sell or
deliver or give away any goods or services or information, which terms
shall include merchandise, personal services, property services, investment
opportunities, or any mode of entertainment or amusement, at any point
located within five (5) feet measured perpendicularly from the nearest
edge of the platted street or alley right of way adjoining the property
owned or occupied by such person, except in strict compliance with
the following conditions:
1.
The point of sale or delivery of the goods or services or information
shall be within the enclosed premises of a permanent walled structure
for which an appropriate business license has been issued to such
person by the City of Hermann; and
2.
Persons to whom such sales or deliveries are made can make such purchase
or accept such delivery only while inside such premises; and
3.
No line or queue of persons awaiting such sale or delivery is permitted
or caused to extend from such premises to any portion of the sidewalk,
street or alley adjoining such premises.
B.
For
the purpose of this Section, "point of sale or deliver" shall be deemed to mean the physical location at or nearest which
title of goods passes to the purchaser or recipient thereof or services
performed or information is delivered or the agreement is made for
the later delivery of services or information.
[Ord. No. 914 §9, 1-31-1984]
Violation of any provision of this Chapter shall be a misdemeanor.
