[Adopted 2-10-2016 by Ord. No. 2016-1]
As used in this article, the following terms
shall have the meanings indicated:
An organization that is responsible for all aspects of an
event or performance (advertising, marketing, talent costs, insurance,
hold harmless agreement, etc.) and is responsible for all revenue
and expenses for that event.
A non-routine happening or social activity bringing people
together in a defined area on Town facilities, right-of-way, or private
property, which requires Town services to ensure safety and coordination.
Special events include activities such as festivals, concerts, sporting
events, parades, walks and runs, etc.
A business, organization, agency or individual who gives
cash or in-kind product or service to support a producer of an event
or production by agreement, for the benefit of that agency, business,
organization or person.
Event types are as follows:
A.
Major event: an event of one or more day duration
with a cost of over $12,000 for Town services, staff time and equipment
use.
B.
Intermediate event: an event of one or more day duration
with a cost of between $1,500 and $12,000 for Town services, staff
time, and equipment use.
C.
Minor event: an event of one day or less duration,
with a cost of under $1,500 for Town services, staff time, and use
of equipment.
A.
Event producers are required to obtain all Town, state,
county and Health Department permits, licenses and/or inspections
as may be needed.
B.
Event producers are responsible for submitting in
writing permission as may be required from other governmental agencies
and private property owners for use of their sites for an event.
C.
Event producers are responsible for overall event
planning and management, promotion, marketing, advertising, entertainment,
and vendor selection. The event producer is responsible for actions
of their vendors. The Town may, at its discretion, announce the event
on its website and other printed publications.
D.
Only three major events will be allowed per month.
E.
A major and intermediate event will not be allowed
on the same day.
F.
No more than two intermediate events will be allowed
within the same week.
G.
Only four intermediate events will be allowed in a
month where there is a major event, and only five will be allowed
in a month without a major event.
H.
Multiday and/or single-day events will only be allowed
three weekends (Saturday and Sunday) in any given month, excluding
minor events.
I.
Event producers are required to submit required certificates
of insurance, to include liquor liability when applicable, hold harmless
agreements on behalf of themselves and their contractors/vendors,
and any required cash bonds or deposits to the Town at least two weeks
before the event.
J.
K.
All events will be approved or disapproved by the
Town Manager.
A.
Submittal time.
(1)
Major event. Initial requests, including permit
application and all backup material, must be submitted to the Town
Manager or his designee at least 120 days prior to the event, but
not more than 12 months in advance.
(2)
Intermediate event. Initial requests, including
permit application and all backup material, must be submitted to the
Town Manager or his designee at least 90 days before the event, but
not more than 12 months in advance.
(3)
Minor event. Initial requests, including permit
application and all backup material, must be submitted to the Town
Manager or his designee at least 30 days prior to the event, but not
more than six months in advance.
A.
Police. Police or other trained non-sworn personnel
may be required:
(1)
At the discretion of the Chief of Police or
his/her designee based upon projected attendance numbers, type of
event, traffic/pedestrian concerns, geographic location, and site
layout.
(2)
Mandatory police personnel are required for
events where alcohol is served or sold by the event producer, event
vendor, or other businesses within the designated event area.
(3)
When mandated by the Delaware Department of
Transportation (DelDOT) during events requiring closure of The Circle.
B.
Public Works and maintenance. Public Works staff may
provide assistance when requested for event site cleanup and trash
collection and disposal. Event producers may substitute this function
with volunteers and/or private contractor with Town approval. Public
Works staff will also set up and take down Town stage(s) when requested.
C.
Public Works. The event producer will prepare and
submit required DelDOT permits for street closures. Public Works will
install barricades and set up portable light towers and generators,
if requested.
A.
Town-produced or co-produced events. There are no
charges levied for any Town services or rentals for Town-produced
or co-produced events.
B.
School-produced events. There are no charges levied
for any minor events that are produced by a public or private school
located within the Indian River School District.
C.
All other events.
(1)
All other event producers, whether a nonprofit
or a for-profit private producer, will be required to pay 100% of
all Town staff costs for service provided for the event.
(2)
The event producer is also required to pay 100%
of land and/or equipment rental, signage, stage rentals, trash boxes
and liners, and vehicle towing costs. Equipment rentals include but
are not limited to barricades, message boards, arrow boards, tables,
chairs, tents, light towers, port-a-potties and portable generators.
(3)
In addition, event producers will be required
to pay for any site damage caused by their event, pressure cleaning,
and any other site cleanup necessary, plus any fines that may be levied.
(4)
Payment to the Town is due within 60 days of
receipt of the Town invoice. Failure to pay within this time frame
could be grounds for denial of future events.
D.
Events that include food preparation and service vendors
shall at the discretion of the Town:
(1)
Provide a container of adequate capacity designed
for grease and oil collection containers, the contents of which shall
be legally disposed of by a certified hauler.
(2)
Provide a dumpster of sufficient size and type
for garbage and trash collection, contents of which shall be disposed
of by a certified hauler.
(3)
The above are the sole responsibility of the
event producer.
Reserved parking. Event producers may request
use of Town-owned surface lots for reserved parking. Requests need
to be in writing and/or on the site plan included in the event permit
package.
Permit applications for neighborhood block parties
will be reviewed by the Town Manager or his designee. Consideration
of approval will be based upon the following policies:
A.
Permit applications must be submitted by a property
owner on the block and received in writing by the Town Manager's Office
at least 30 days prior to the event.
B.
Approvals will only be given for closure of the street
for one block, as determined upon the two intersecting perpendicular
streets at either end of closed street.
C.
Consumption or sale of alcohol on Town rights-of-way
will not be permitted.
D.
Structures other than barricades are not allowed in
the Town rights-of-way.
E.
Applicant will be required to pay all Town costs that
may be incurred.
F.
Impacts due to other events will be considered in
approval process.
G.
Applications will not be approved for any activity
which extends beyond 10:00 p.m.
Permit applications shall be reviewed by the
Town Manager or his/her designee within 30 days of submission of the
permit application. Permits may be denied for any of the following
reasons:
A.
The application for permit (including any required
attachments and submissions) is not fully completed and executed:
B.
Untimely submittal of permit application less than the minimum submittal day requirements per § A240-21A;
C.
The applicant has not tendered the required application
deposit with the application, indemnification agreement, insurance
certificate, or security deposit within the times prescribed by the
Town Manager or his/her designee;
D.
The applicant has not tendered the required fee, or
a portion thereof, for prior year's events;
E.
The application for permit contains a material falsehood
or misrepresentation;
F.
The applicant is legally incompetent to contract or
to sue and be sued;
G.
The applicant or person on whose behalf the application
for permit was made has on prior occasions damaged municipal property
within the Town of Georgetown and has not paid in full for such damage,
or has other outstanding and unpaid debts to the Town of Georgetown;
H.
A fully executed prior application for permit for
the same time and/or place has been received, and a permit has been
or will be granted to a prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy of the particular
municipal property or part hereof, or multiple events on the same
day(s).
I.
The use or activity intended by the applicant would
conflict with previously planned programs organized and conducted
by the Town of Georgetown and previously scheduled for the same time
and place;
J.
The proposed use or activity intended by the applicant
would present an unreasonable danger to the health or safety of the
applicant, or other users of the park, or Town Employees or of the
public;
K.
The applicant has not complied or cannot comply with
applicable licensure requirements, ordinances or regulations of the
Town concerning the sale or offering of any goods or services;
L.
The use or activity intended by the applicant is prohibited
by law, by the Town's Code of Ordinances or by these regulations;
M.
The applicant's staffing/parking needs cannot be met
by the Town.
The Town Manager, or his/her designee, shall
be allowed to approve all special events, provided that they meet
the requirements of this policy. In the case of a new special event,
the Town Manager, or his/her designee, shall only be allowed to approve
minor and intermediate special events. The Town Council shall approve
all new major special events.
Special event permit or waiver denials may be
appealed in writing to the Town Council within 15 days of the denial.
The Town Council must render a written decision within 10 days after
the Town Council meeting at which the appeal was considered.
