[Ord. No. 353, 1-17-2011]
The Board of Aldermen recognizes that special events enhance the City's lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that are not normally provided as a part of governmental services. However, the Board of Aldermen also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, and health hazard impacts. The purpose and intent of this Article is to set forth regulations by establishing a process for permitting special events within the City, to ensure the health and safety of patrons of special events, to prohibit illegal activity from occurring within special event venues, and to minimize any adverse effects from special events while ensuring the orderly and efficient use of public property and City services. It is further intended to create a mechanism for cost recovery for special events without having an adverse effect on those special events that contribute to the community.
[Ord. No. 353, 1-17-2011]
A. 
A Special Events Committee shall be established by the Board of Aldermen who shall designate members of the Special Events Committee.
B. 
The Special Events Committee is charged with reviewing and providing recommendations to the Board of Aldermen regarding the approval or modification of an application for a special event permit based upon the information required in the application with regard to considerations of public safety, traffic flow and control, the disruption to residences and businesses; availability of resources of City personnel and equipment to adequately ensure the public health, safety and welfare.
C. 
The Special Events Committee shall review and approve applications for special events and regularly report to the Board of Aldermen the events that have been approved or not approved and keep the Board of Aldermen informed on the status of special event permits.
D. 
The Special Events Committee will manage and operate City of Kimmswick sponsored special events on behalf of the City of Kimmswick, including, but not limited to, the Strawberry Festival and Apple Butter Festival.
[Ord. No. 353, 1-17-2011]
A. 
A person or organization requesting a special event permit shall file an application, certified by affidavit, on forms provided by Special Events Committee.
B. 
The application shall be filed at least ninety (90) days and not more than two (2) years before the special event is proposed to commence. The minimum ninety-day notice requirement may be waived by the Special Events Committee upon written finding that the limited scope of the event, both in size and magnitude, allows it to be adequately reviewed in the time provided.
[Ord. No. 353, 1-17-2011]
Whenever a special event, including, but not limited to, exhibits, fairs, athletic events, trade shows, concerts, or conventions, requires a permit under the provisions of this Code, the sponsor, promoter or person(s) conducting the special event shall provide evidence of commercial general liability insurance in a form and amount acceptable to the Special Events Committee [and additional coverage(s) as appropriate for the activities of the event], naming the City of Kimmswick as an additional insured, and with a coverage amount to be determined by the Special Events Committee according to the size and risk factors of the event. When determining the size of the event and the risk to participants and spectators, the estimate of participants shall be determinative. The insurance policy required by this Section shall not be cancelled, limited or not renewed without thirty (30) days' prior written notice has been given to the Special Events Committee.
[Ord. No. 353, 1-17-2011]
The special event permittee agrees to waive and release the City of Kimmswick and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attorneys' fees and court costs arising out of the activities of this special event or any illness or injury resulting therefrom, and hereby agree to indemnify and hold harmless the City of Kimmswick from and against any and all such claims. The special event permittee shall sign all appropriate forms provided by the Special Events Committee relating to the indemnification of the City of Kimmswick before a special events permit is issued.
[Ord. No. 353, 1-17-2011]
The Police Chief or designee will determine whether and to what extent additional police protection, civilian traffic control personnel, private security and volunteer staff are reasonably necessary to ensure traffic control and public safety for the special event. The Police Chief will base this decision on the size, location, duration, time and date of the special event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked off from use by the public, and the need to detour or preempt pedestrian and vehicular travel from the use of public streets and sidewalks. The Police Chief or designee shall provide, if police protection and/or other emergency and safety services or equipment is deemed necessary for the special event, an estimate of the cost of extraordinary City services and equipment required in writing. The applicant will be billed for, and pay the estimated costs of these services prior to the event and the balance of the total costs after the event.
[Ord. No. 353, 1-17-2011]
The Police Chief or designee, or the Special Events Committee may revoke a special event permit without prior notice upon violation of the permit or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the special event would have an immediate and adverse effect upon the health, safety and welfare of persons or property. Written notice of the revocation setting forth the reasons therefor shall be hand-delivered or mailed to the applicant at the address provided on the application.
[Ord. No. 353, 1-17-2011]
The minimum fee for a special event permit in the City of Kimmswick is fifty dollars ($50.00) per event. If the Special Events Committee determines that outside expertise is required to evaluate the impact of, or risk associated with a special event, then the applicant is required to be financially responsible for those costs and the application fee for the event will be set accordingly.
[Ord. No. 353, 1-17-2011]
Outside vendors are allowed at special events and shall be required to follow all City, State, and Federal laws that apply to the special event and to the sale of their goods or provision of the services they offer. All outside vendors, for profit organizations, and nonprofit organizations, participating in special events are required to pay the vendor licensing fee as is set by the Board of Aldermen. All such participants are required to complete and sign an application for the City business license which indemnifies the City of Kimmswick and its officers, agents, employees and volunteers from and against any and all claims, costs, liabilities, expenses or judgments, including attorneys' fees and court costs arising out of the activities of this special event or any illness or injury resulting therefrom.
[Ord. No. 353, 1-17-2011]
A. 
Permit Required For Use Of City Property. The use of any City property, including, but not limited to, the City parks, fields, and streets, shall not be allowed unless specifically addressed in the application for a special event permit and is allowed in the special event permit issued by the Special Events Committee. This does not include regular business use of the streets of the City of Kimmswick which occurs during the normal conduct of business operations.
B. 
Rental Of City Property During City Operated Events. During all City of Kimmswick operated special events the property of the City of Kimmswick shall only be rented to vendors, service organizations, or any party by the City of Kimmswick. Such rental of City property shall be managed by the Festival Committee, Special Events Committee, or other managing organization designated by the Board of Aldermen, whichever is managing the event on behalf of the City of Kimmswick. Private property owners that rent their property which is adjacent to City of Kimmswick property shall not extend any booth, vehicles, or other items or activities onto the adjoining City property.
C. 
Rental Of City Property During Non-City Operated Events. During all special events property of the City of Kimmswick cannot be rented to vendors, service organizations, or any party without the expressed written consent of the Special Events Committee. Private property owners that rent their property which is adjacent to City of Kimmswick property shall not extend any booth, vehicles, or other items or activities onto the adjoining City property.
D. 
Collection Of Fees For The Rental Of City Property. Regardless of which party rents out City property at an special event, be it the City of Kimmswick or a special event permittee, all fees from the rental of any City of Kimmswick property are payable to the City of Kimmswick.
[Ord. No. 353, 1-17-2011]
The Special Events Committee, any organization operating a City of Kimmswick sponsored event, or any organization(s) or person(s) issued a special events permit are required to cooperate with appropriate law enforcement and regulatory agencies of the City, county, State, or Federal governments in the execution of their responsibilities. This includes, but is not limited to, the Jefferson County Health Department, the Jefferson County Sheriff's Department, the Missouri State Highway Patrol, the Missouri Department of Revenue, the U.S. Department of Homeland Security, the U.S. Department of Justice, and the U.S. Internal Revenue Service.
[Ord. No. 353, 1-17-2011]
A. 
The Special Events Committee, any organization operating a City of Kimmswick sponsored event, or any organization(s) or person(s) issued a special events permit are required to comply with all intellectual property laws.
1. 
Types Of Intellectual Property. Intellectual property includes, but is not limited to, the recorded music, musical performances, works of art, corporate logos, and dramatic performances.
2. 
Use Of Intellectual Property. The use of intellectual property includes, but is not limited to, public display or public broadcast. This applies to all forms of delivery or consumption of intellectual property by any known means or by any means that may be available in the future.
3. 
Proof Of Compliance. Proof of compliance with intellectual property laws is required to be submitted along with the special event permit application. Such proof may include, but is not limited to, written permission from intellectual property holders, a license from the American Society of Composers, Authors, and Publishers (ASCAP), or other licensing bodies.
4. 
Responsibility For Violations. Special event permittees, upon application for a permit, shall indemnify the City of Kimmswick from any and all damages or expenses related to the violation of intellectual property laws. Special event permittees are required to cover all cost related to intellectual property law violations, including, but not limited to, damages, fees, fines, and associated court costs.