[Ord. No. 12-009 §1, 2-21-2012]
Except where otherwise indicated by the context, the following
definitions shall apply in the interpretation and enforcement of this
Chapter:
A person acting in his or her individual capacity or a corporation
or association acting through an agent or officer of the corporation
or association, said agent having authority to legally bind the corporation
or association, who seeks a permit issued pursuant to this Chapter,
who shall be in charge of the event and responsible for ensuring that
the requirements contained within this Chapter are met.
[Ord. No. 20-031, 5-18-2020[1]]
Any event or activity not organized by the City of Ozark
that places an additional demand on City services including, but not
limited to, controlling traffic or blocking or closing streets or
public places, or additional demand on public health and safety, or
which included the sale or use of alcohol, or which will be held on
City property. Activities which may be considered special events include,
but are not limited to, events such as road runs, marathons, bicycle
rallies, food fairs, concerts in a park, street fairs, craft fairs,
circuses, triathlons, festivals, fireworks displays and County fairs,
fund-raisers, memorials, parades or tournament.
[Ord. No. 20-031, 5-18-2020]
[1]
Editor's Note: This ordinance also repealed the former definition
of "operator," which immediately followed this definition.
[Ord. No. 20-031, 5-18-2020]
The provisions of this Chapter are designed to regulate the
time, place, and manner in which a special event is conducted, as
well as coordinate the public health and safety concerns, assign responsibility
and assign liability in order to protect the safety and welfare of
the participants and non-participants.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
No person or organization shall sponsor, organize, or participate
in a special event as defined herein without first obtaining a permit
and paying any fees required therefor. Applicants who have been granted
a permit shall cause the permit to be publicly displayed at all times
during the special event.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
A.
Special
Events Held On Or Within Parks And Recreation Department Property.
Application for a special event permit to be held on or within Parks
and Recreation Department property shall be made to the Parks and
Recreation Department at least forty- five (45) days prior to the
start of the event. Parks and Recreation Department property shall
not be considered to include the Ozark trail system.
B.
All
Other Special Events. Applications for a special events permit, except
those held within or on Parks and Recreation Department property,
shall be made to the Planning and Development Department at least
forty-five (45) days prior to the start of the event.
C.
Permit
applications shall not be accepted for processing by the City unless
they are submitted at least forty- five (45) days prior to the start
of the event. Applicants for annual special events or those events
which will have significant additional demand on City services are
encouraged to submit applications at least ninety (90) days in advance
of the event. Each application shall include the following information:
1.
The name and address of the applicant, and the name and address of
any person or organization sponsoring the event, including its chairperson
or director.
2.
The purpose of the event along with the proposed location, date and
time for the proposed event.
3.
The approximate number of people the applicant expects to attend
the event and the maximum number of people the applicant is prepared
to accommodate.
4.
Whether sale or use of alcoholic beverages is proposed and the plan
or description for such allowance.
5.
A detailed description of the event.
6.
A description of City services, equipment and facilities requested
or needed.
7.
A description of the manner in which a sufficient supply of restroom
and/or sanitation facilities will be provided to accommodate the maximum
number of persons.
8.
The proposed method and procedure for restoration and cleanup of
the event location, including the removal of all litter.
9.
A scale drawing showing adequate parking facilities for the number
and types of vehicles anticipated have been made available within
or adjacent to the location for which the permit is requested. The
drawing must also indicate how adequate ingress and egress will be
provided to or from such parking area to facilitate the movement of
any vehicle at any time to or from the parking area. A list of streets
impacted by the event also shall be provided, and the method by which
traffic control will be accomplished.
10.
The names of any applicant, organizer, or any current agent or employee
thereof involved in the event, and who has signed a consent decree
or order in the last five (5) years or who has been convicted of a
felony or any crime involving false statement or dishonesty within
the past five (5) years, and the nature of the offense, or consent
decree or order, the State where the conviction, or consent decree
or order occurred, and the year of such conviction, or consent decree
or order.
11.
An explanation of the reasons, if the person applying for the permit
is unable to provide any of the foregoing information.
D.
After
receipt of a completed application, the Parks and Recreation Department
or the Planning and Development Department will distribute copies
of the application to all City department(s) that may be affected
by the proposed event. Each department will review the application
and describe any conditions or requirements that should be placed
on the permit considering the anticipated demand on City services
and potential costs of meeting the demand for City services to accommodate
the proposed special event. Any department objections to granting
the permit, including concerns regarding additional impact from the
special event on public streets or public health or safety, shall
also be stated within ten (10) business days.
[Ord. No. 12-009 §1, 2-21-2012; Ord. No. 18-064, 11-19-2018]
Application Fee. Every application for a special event shall
be accompanied by an application fee for the cost of processing and
reviewing the permit application, said fee shall be as set forth or
as established from time to time by ordinance of the Board of Aldermen
and on file in the office of the City Clerk. Such fee will not be
refunded if a permit is not issued.
[Ord. No. 12-009 §1, 2-21-2012]
A.
If,
after review of the recommendations of the individual departments
and a preliminary determination has been made that the proposed event
complies with the provisions of this Chapter, the applicant shall
be required to meet the following conditions prior to the issuance
of a permit:
1.
Insurance.
[Ord. No. 20-031, 5-18-2020]
a.
The applicant of the event shall be required to provide insurance
coverage for the event to be located upon or require the closing or
blocking of any street, alley, or road, or the use of any City-owned
property or right-of-way areas, submission of a liability insurance
policy in the amount of one million dollars ($1,000,000.00) for any
injury to any person, including death, arising out of one (1) incident,
one million dollars ($1,000,000.00) for any damage to property, and
one million dollars ($1,000,000.00) automobile liability insurance
for any injury to any person, including death, arising out of one
(1) incident. The City of Ozark shall be an additional named insured
for each of the above-referenced policies, and the applicant shall
execute a hold harmless agreement indemnifying the City of Ozark.
b.
Events where alcohol will be provided or sold shall also be required
to provide a liquor liability insurance policy in the amount of one
million dollars ($1,000,000.00) for any injury to any person, including
death, arising out of one incident and one million dollars ($1,000,000.00)
for any damage to property.
2.
The applicant shall obtain and furnish proof of any other necessary
permits or approvals for any activities conducted in conjunction with
the special event, and shall comply with all applicable Federal, State
and local laws.
[Ord. No. 20-031, 5-18-2020]
3.
Provide adequate restroom and sanitation facilities for the anticipated
crowd.
4.
Adhere to requirements for cleanup and restoration of the special
events site which includes, but is not limited to, the event site
being completely cleaned up and restored within twenty-four (24) hours
of the end of the event.
5.
Pay any deposits and fees required.
6.
Agree to comply with all conditions specified in the permit.
B.
The
City shall list any additional regulations and conditions that the
applicant shall comply with in the permit. Such conditions may include,
but are not limited to, the following. The permit, if issued, may
include, but is not limited to, the following information:
[Ord. No. 20-031, 5-18-2020]
1.
The name of the applicant and who will be held responsible for ensuring
that the permit requirements are fulfilled.
2.
The location to which the event is limited.
3.
The streets affected by the need for traffic control or that are
authorized for use in conjunction with the event, and approved parking.
4.
Personnel needed and responsibilities of the applicant.
5.
Provisions for first aid care depending upon the size and magnitude
of the event.
6.
The procedure to be followed if alcoholic beverage consumption is
to be allowed.
7.
The number and location of restroom facilities to accommodate the
expected crowd.
8.
Indemnification of the City by the applicant.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
A.
If
the Parks and Recreation Department or the Planning and Development
Department determines that the requirements of this Chapter and the
conditions of the permit are met, the applicant shall be notified
that the application has been approved and that the permit will be
issued after payment of all applicable fees.
B.
In
the event that the Parks and Recreation Department or the Planning
and Development Department finds any cause to deny the issuance of
the permit, said department shall deny the permit and notify the applicant
in writing of such action and the reasons for denial within ten (10)
days of receipt of the application.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
A.
An
applicant who is aggrieved by the decision of the Parks and Recreation
Department or the Planning and Development Department in regards to
the denial of the application for a permit shall have a right to appeal
the denial of a special event permit in accordance with the provisions
herein.
B.
A person
who has been denied a permit shall have a right to an administrative
hearing to determine whether there was a substantial basis for the
denial. The appeal shall be in writing, setting forth fully the grounds
upon which the appeal is based, and shall be filed with the City Clerk
within thirty (30) calendar days after service of notice of such action
on the applicant. The hearing shall be conducted before a hearing
officer designated by the City Administrator within ten (10) business
days of receipt of a written demand therefor from the person seeking
the hearing, unless such person waives the right to a speedy hearing,
except the hearing officer may cause the hearing to be continued for
good cause by any party for an additional fourteen (14) days. Saturdays,
Sundays and City holidays are to be excluded from the calculation
of the ten-day period. The sole issue before the hearing officer shall
be whether there was a substantial basis for the denial. The hearing
officer shall conduct the hearing in an informal manner and shall
not be bound by technical rules of evidence. The person demanding
the hearing shall carry the burden of establishing that the proposed
special event is in full compliance with the provisions of this Chapter.
The City shall carry the burden of establishing that there was a substantial
basis for the denial of the permit. At the conclusion of the hearing,
the hearing officer shall prepare a written decision within forty-
five (45) days from the date of the hearing. A copy of such decision
shall be provided to the person demanding the hearing. The decision
of the hearing officer is final for purposes of Ch. 536, RSMo. Failure
of the person requesting the hearing or his agent to request or attend
a scheduled hearing as set forth in this Section shall be deemed a
waiver of the right to such hearing. The hearing officer shall only
determine whether or not there was a substantial basis for the denial
of the permit. If the hearing officer determines there was not a substantial
basis, the hearing officer shall order the City Administrator to immediately
issue the special event permit.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
A.
A special
events permit may be suspended or revoked by the City Administrator
or his designee upon any of the following grounds:
1.
If the patrons of a special event have become a disorderly or riotous
assembly whereby the public peace or the safety of persons or property
are threatened.
2.
If the applicant refuses to remove or cause to be removed from the
event any person(s) violating any Federal, State or provisions of
the Municipal Code of the City of Ozark after such applicant has been
requested to do so by the City.
3.
If the applicant fails to comply with any Federal, State or local
law, including the regulations pertaining to special events or the
conditions of the special event permit.
4.
If a special event permit is revoked, the City of Ozark shall have
the discretion whether to accept a subsequent special event application
submitted by the applicant in the event for which the permit was revoked,
including any person with an ownership interest in the event.
[Ord. No. 12-009 §1, 2-21-2012; Ord.
No. 20-031, 5-18-2020]
Special event premises shall be open, at any and all times,
for inspection by the City, including but not limited to, Parks and
Recreation Department employees, City Code Enforcement Officer(s),
Police Officer(s), County Health Department Enforcement Officer(s)
or by Fire Protection District Enforcement Officer(s).
[Ord. No. 12-0069 §1, 2-21-2012]
Any person, firm or corporation found responsible for a violation of this Chapter shall be punished as provided in Section 100.220 of this Code.
