[R.O. 1994 § 612.010; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
This Chapter establishes the policy and procedure of the City of Lake Ozark for persons and organizations to make application for and be approved for special events to be held in the City. This Chapter shall apply to all special events to be held in the City, and it includes information regarding the application procedure, basis for issuing permits, and fees (application and cost recovery fees for City services).
[R.O. 1994 § 612.020; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-13, 5-12-2015]
For purposes of this Chapter, the following definitions shall apply:
APPLICANT
The person or organization sponsoring or organizing a special event and applying for a special event permit required under this Chapter.
BARRICADE
A sawhorse, metal gate, barrel or other approved barrier set up as a warning device to block the passage of pedestrian and/or vehicular traffic from a particular designated area.
BUSINESS DAY
Normal City work days occurring Monday through Friday, excluding holidays.
CATEGORY 1 EVENT
Minor impact to City services and public. Use of roadside parks, sidewalks, small collection of parking spaces. No road/lane closures necessary, and minimal staff support is needed. Inclusive of businesses creating temporary cafe/beer garden space directly in front of establishments, events primarily taking place on private property that require additional use of public space. Can last no longer than six (6) hours. Two hundred dollar ($200.00) fee, three hundred dollar ($300.00) deposit.
[Ord. No. 2022-51, 1-10-2023]
CATEGORY 2 EVENT
Medium impact to City services and public. Requires moderate road/lane closure, use of equipment rental, requires use of key volunteers and staff support. Inclusive of parades, footrace events, or events where center lane parking alone is requested.
[Ord. No. 2022-51, 1-10-2023]
CATEGORY 3 EVENT
High impact to City services and public. Prolonged road/lane closures, heavy use of equipment rental, may include open container downtown, staff support and robust volunteer presence needed. Inclusive of street parties, requests for complete road closure, etc.
[Ord. No. 2022-51, 1-10-2023]
COST RECOVERY FEES
Administrative and departmental costs charged by the City to an applicant in conjunction with a special event permitted by this Chapter.
ITINERANT VENDOR
All persons, both principal and agents, who engage in, or conduct, in this City, either in one (1) locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing or conducting said business in connection with or during a special event, and who, for the purpose of carrying on such business, do not lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise and do not have a business license issued by the City of Lake Ozark.
PARADE
A march, procession, organized movement, or motorcade consisting of persons, vehicles, or a combination thereof that is:
1. 
Held with an intent to attract attention;
2. 
Takes place upon streets within the City; and
3. 
Interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic or does not comply with normal and usual traffic, regulations or controls.
PARTICIPANT
Those individuals, including, but not limited to, the applicant, who take part in the activities of the special event.
PERSON
Any person, firm, partnership, association, corporation, society, company, or organization of any kind.
PUBLIC ASSEMBLY
A group activity, including, but not limited to, a demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose as a result of prior planning and which interferes or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic upon the streets, sidewalks, or other public grounds within the City or does not comply with normal and usual traffic, regulations or controls, or which occupies any public area open to the general public to the exclusion of others.
SIDEWALK
Any area or way set aside or open to the general public for the purpose of pedestrian traffic, whether or not it is paved.
SPECIAL EVENT
Refers to and shall include, but not be limited to, a parade, public assembly, performance, meeting, contest, exhibit, sports event, competition or presentation, community event, ceremony or farmers' market as defined by Section 144.527, RSMo., which is to be held wholly or partially on property owned or maintained by the City, on a street or sidewalk located within the City and will likely result in the obstruction of such streets or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency, or on any other property, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City routinely provides. The definition of "special event" is not intended to include an activity held solely on private property and which does not otherwise require for its successful execution the provision and coordination of City services to a degree equal to and/or over and above that which the City routinely provides.
SPECIAL EVENT PERMIT
Any written authorization issued as required by this Chapter that authorizes the performance of a specified act or acts on a street or other City property.
SPECIAL EVENT REVIEW COMMITTEE
Those individuals who shall give initial review of all special event applications and submit a recommendation to the Board of Aldermen that, based upon the criteria for issuance of special event permits as per Section 612.040 of Code of the City of Lake Ozark, such requested special event permit should be granted or not.
[Ord. No. 2020-38, 11-24-2020]
STREET
Any paved or unpaved road, thoroughfare, avenue, boulevard, parkway, drive, or other public way set aside or open for purposes of vehicular traffic, including any shoulder or median strip thereof.
TRAFFIC CONTROL
Those activities performed by the Police during a special event that relate to the orderly flow of pedestrian, vehicular and other forms of movement along public rights-of-way.
[R.O. 1994 § 612.030; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2015-04, 3-24-2015]
A. 
All special event applications shall be available for pick up or mailing at the Lake Ozark City Hall. Applications shall be submitted to the Mayor or his or her designee in person, by mail, by fax or by email. Category 1 Events are reviewed by staff and taken directly to the Board of Aldermen. These requests must be submitted no later than thirty (30) days in advance of the event. No more than four (4) Category 1 Events can occur simultaneously. Further, a Category 1 Event may not take place during a Category 2 Event or Category 3 Event. Recommendations will be taken to the Board of Aldermen in the order received. Category 2 Events and Category 3 Events are reviewed by staff, the Special Events Committee, and the Board of Aldermen. Application for Category 2 Events must be submitted no later than sixty (60) days prior to the event. Applications for Category 3 Events must be submitted no later than ninety (90) days prior to the event. No Category 2 or Category 3 event may occur simultaneously.
[Ord. No. 2019-07, 2-12-2019; Ord. No. 2022-51, 1-10-2023]
B. 
The information requested in the written permit application shall include the following and shall be updated by the applicant in a timely fashion should circumstances change prior to the special event:
1. 
Application information, including the name, address, and telephone number of the person(s), and if applicable the organization, seeking to conduct the special event;
2. 
A description of the special event as well as the requested date(s) and hours of the special event;
3. 
The location of the special event and, if applicable, a route and traffic plan, including, but not limited to, the proposed route to be traveled, including the starting point and the termination point;
4. 
If roads and/or sidewalks will be closed, the applicant will be required to explain how motorists and business owners and residents will be notified in advance of the special event;
5. 
If the special event is taking place on private property, written authorization from the owner will be required;
6. 
The approximate number of participants in the special event;
7. 
Whether any animals and/or vehicles will be involved in the special event and the type of animals and description of the vehicles;
8. 
A statement as to whether the special event will occupy all or only a portion of the width of the streets proposed to be traversed;
9. 
A proposed site plan, including the location of structures, electrical, sanitation, and plumbing and the location by street of any assembly areas for the special event;
10. 
The time at which any unit of a special event will begin to assemble at such area;
11. 
If the special event is designed to be held by or on behalf of an individual or organization other than the applicant, a letter from said person/group shall be filed with the permit authorizing the applicant to file for the said permit on his/her/its behalf;
12. 
A description of any sound systems, or other electrical or other devices to be used in connection with the special event, including a list of entertainers/bands/performers;
13. 
The estimated/approximate number of spectators;
14. 
Whether alcohol is planned to be served. Special event organizers are required to secure necessary authorizations from appropriate City, State or Federal authorities;
15. 
A designation of any public services, facilities or equipment to be utilized and a description of special event access for persons with disabilities and security plans, if any. In the event that an applicant wishes to use City equipment that is made available to the public, it shall be necessary to pay the hourly or flat fee rental rates set by the applicable department. Such rates shall be provided, in writing, upon request;
16. 
Information as to whether any food, beverages or other concessions will be sold within a special event area. Any plans to sell concessions must be separately reviewed by the Mayor or his or her designee. Special event organizers are required to secure the necessary mercantile and vendor licenses and Health Department permits; and
17. 
A list of all itinerant vendors expected to participate in the special event, including their names addresses, and phone numbers.
C. 
Cleanup Plan. Special event organizers are expected to clean up after their event. Special event organizers may provide their own personnel for cleaning up or may contact the City for rates to use City employees.
D. 
If insurance is required by the Board of Aldermen, a copy of the certificate listing the City as an additional insured and a signed indemnification statement must be filed with the City.
E. 
No special event permit may be issued to any event organizer or successor organizer who is delinquent on any fess due to the City or LOFPD on account of a past event.
[Ord. No. 2022-51, 1-10-2023]
F. 
Following the completion of an event, if the Special Events Committee finds there were no significant issues with the organization of the event and all fees have been paid to the City and LOFPD, the organizer may request dates for the event in the forthcoming calendar year. If approved, the organizer will have their requested dates reserved until ninety (90) days prior to the requested dates. If an event application is not submitted prior to that time, the reserved date(s) shall be released and available to any other event applicant.
[Ord. No. 2022-51, 1-10-2023]
[Ord. No. 2019-07, 2-12-2019]
A. 
There shall be established a Special Event Review Committee to give initial review to all special event applications and submit a recommendation to the Board of Aldermen that, based upon the criteria for issuance of special event permits as per Section 612.040 of Code of the City of Lake Ozark, such requested special event permit should be granted or not.
B. 
The Committee shall be composed of 1) the Chief of Police, or a selected designee by the Chief from the Department; 2) the Director of Public Works, or a selected designee by the Director of the Department; 3) the City Administrator, or at the designation of the Administrator, the Assistant City Administrator; and 4) four (4) appointees of the Mayor, one of which shall be the owner of a retail business within the City's Central Business District, one of which shall be the owner of a food and beverage establishment within the City's Central Business District, and two (2) citizens at large from the community. In addition, the Executive Director of the Lake Area Chamber of Commerce and the President of the Bagnell Dam Business Owners Association or their appointed designee shall be invited to attend all such meetings as non-voting advisory members. The Mayor's appointments are subject to the approval of a majority of the Board of Aldermen. Members of the Committee shall serve for the term of the Mayor who has appointed such members. Vacancies shall be filled by the Mayor, subject to Board approval, as they may occur. The Committee members shall select a Chairman and Vice Chairman from its ranks and conduct their meetings in accord with the same provisions applicable to the conduct of meetings of the Planning and Zoning Commission as contained in Section 400.040 of the City's Code.
C. 
Upon the receipt of a special event permit application, the City Clerk shall call for a meeting of the Special Event Review Committee. Notice of such meeting shall specifically be given to the applicant at least seventy-two (72) hours in advance and public notice given in the same manner as notice of all other Board committees.
D. 
After each meeting, the Chairman of the Special Event Committee shall draft a formal recommendation to the Board of Aldermen that specifically addresses each of the seven (7) factors contained in Section 612.040 of the City's Code that the Board is to consider for approval of a special event permit.
[R.O. 1994 § 612.040; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A. 
Upon approval of by the Board of Aldermen, the Mayor or his/her designee may issue the special event permit. Before approving the permit, the Board shall first receive the recommendation of the Special Event Review Committee. The Board may then conduct its own inquiry into the approval or denial of the application. However, the Board shall not approve the issuance of any special event application unless it finds as follows:
[Ord. No. 2019-07, 2-12-2019]
1. 
The proposed special event is appropriate for the size and use for which the requested location has been established or designated;
2. 
The proposed special event will not interfere with a previously permitted special event or previously approved construction or maintenance work;
3. 
The proposed special event will not substantially or unnecessarily interfere with traffic in the area contiguous to the special event or that, if the activity will substantially interfere with traffic, there will be sufficient City resources available at the time to mitigate the disruption;
4. 
The applicant has complied with the application requirements, including, but not limited to, permit fees, cost recovery, insurance and indemnification requirements where applicable;
5. 
The application is complete and does not contain misrepresentations of fact;
6. 
The concentration of persons, animals, and vehicles at public assembly points of the special event or during a continuous procession will not unduly interfere with property, fire and police protection of, or ambulance service to, areas contiguous to such public assembly or processional areas; and
7. 
Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas.
B. 
Special event organizers shall be responsible for providing adequate toilet facilities throughout an event venue as required by the Mayor or his or her designee.
C. 
If a special event will include animals, at least one (1) week prior to the special event, the applicant shall provide the City with a health certificate for each animal to participate as well as the name of a local veterinarian who shall provide care for an injured or sick animal and a copy of the handler's licenses required under Federal and/or State law.
D. 
It is recommended that no advertising of the special event commence until the applicant receives final permit approval.
[R.O. 1994 § 612.045; Ord. No. 2013-28, 10-8-2013; Ord. No. 2019-07, 2-12-2019]
If an applicant anticipates that itinerant vendors will be participating in the special event, or if a participant intends to sponsor or organize itinerant vendors for the special event, he or she shall contact the Missouri Department of Revenue at least three (3) weeks before the special event and give the date and time of the special event, the place it will be held, his or her address, phone number, and the number of itinerant vendors participating in the special event. The applicant or participant shall be responsible for furnishing the reporting forms and sales tax rate charts from the Missouri Department of Revenue to all itinerant vendors who participate in the special event. The applicant or participant shall furnish to the Missouri Department of Revenue and to the Clerk of the City of Lake Ozark, before the special event, with a list of all participating itinerant vendors, including their names, addresses and phone numbers. Any itinerant vendor(s) failing to be disclosed and identified as herein required or fails to provide proof of possessing the appropriate tax reporting form and/or are found not to be collecting appropriate sales tax will be disqualified from participation in the special event. Further, the event organizer may have the approval of their special event application revoked and/or their deposit forfeited to the City if any itinerant vendor is operating in violation of the provisions of this Section.
[R.O. 1994 § 612.050; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013]
A. 
General Liability Insurance. Due to the risk of personal injury and property damage under certain circumstances, the City reserves the right to require special event organizers to have insurance particularly for events involving animals, fireworks, automobiles, motorcycles, and the sale of food. When required, the applicant shall maintain insurance in the amount specified below to cover the entire duration of the special event. The applicant shall provide the City with a certificate of insurance duly executed by the officers or authorized representatives of a responsible insurance company evidencing the following minimum coverage(s) and specifically identifying the City as an additional insured, which insurance shall be non-cancelable, except upon prior written notice to the City:
General Liability
Individual Occurrence
Aggregate
Bodily injury including death
$500,000.00
$1,000,000.00
Property damage
$100,000.00
$250,000.00
B. 
All policies must be made on an occurrence basis. Claims-made policies are not acceptable.
C. 
The applicant, on behalf of himself/herself or any other persons, organizations, firms or corporations on whose behalf the application is made, by filing a permit application shall represent, stipulate, contract and agree that he/she will jointly and severally indemnify and hold the City harmless against liability, including court costs and attorneys' fees, and attorneys' fees on appeal, for any and all claims for damage to property, or injury to, or death of persons arising from the sponsor's activities authorized by the special event permit. In such circumstances, a specific indemnification statement shall be attached to the application.
[R.O. 1994 § 612.060; Ord. No. 2010-19, 5-11-2010; Ord. No. 2013-28, 10-8-2013; Ord. No. 2019-07, 2-12-2019; Ord. No. 2022-51, 1-10-2023]
A. 
The application fee shall be non-refundable. The application fee for a Category 1 Event shall be two hundred dollars ($200.00). The application fee for a Category 2 Event shall be four hundred fifty dollars ($450.00); and the application fee for a Category 3 Event shall be eight hundred dollars ($800.00). If the application is for a Category 2 or Category 3 Event that is for more than one (1) day, or is for reoccurring days throughout the year, there shall be an additional application fee of twenty-five percent (25%) of the applicable fee for each additional day. A civic organization may request a waiver of the fee which may or may not be granted by the Board of Aldermen; but said fee will not be reduced to less than one hundred twenty-five dollars ($125.00). The City also requires a refundable deposit of three hundred dollars ($300.00) for a Category 1 Event; one thousand dollars ($1,000.00) for a Category 2 Event; and two thousand dollars ($2,000.00) for a Category 3 Event. Likewise, if the application is for a Category 2 or Category 3 Event that is for more than one (1) day, or is for reoccurring days throughout the year, there shall be an additional deposit of twenty-five percent (25%) for each additional. day. The deposit can be used to cover any expenses deemed necessary by the City, such as, but not limited to, those referenced in Subsection (B) of this Section 612.060. A civic organization may request a waiver of the deposit that may or may not be granted in the discretion of the Board of Aldermen.
B. 
Additional Charges.
1. 
Reimbursement Of Staff Costs. If an event requires participation from City employees, the respective department head should keep accurate records of employee time contributed to the event. If staff involvement is necessary beyond regular scheduling, organizers may be billed for one-third (1/3) of the average hourly rate for the department. (Example: The Police Department would normally have two (2) employees scheduled to work a given 12-hour shift on a Saturday. Because of the event, three (3) additional officers are needed for a 12-hour period. The organizer will be billed one-third (1/3) the average hourly rate of an additional three (3) officers for the given period). The average hourly rate is to be established in January of each year. This can be charged against the organizer's deposit or be a direct bill. At the Special Event Review Committee meeting prior to the approval of an application, the department heads will identify anticipated staff time associated with the event and will identify opportunities for recruited volunteers to reduce this volume. A minimum and maximum number of hours should be identified for to establish cost estimates.
2. 
The Chief of Police shall determine whether and to what extent the traffic control services of police (including the need for barricades) are reasonably necessary for a special event. The Chief of Police shall base this decision on the following criteria:
a. 
The location, duration, route, time and date and expected size of the event;
b. 
The expected sale or service of alcoholic beverages;
c. 
The number of streets and intersections blocked and what portion of the streets is planned to be used for the special event;
d. 
The need to detour or preempt citizens' travel on and use of the streets and sidewalks.
3. 
Property Or Equipment Damage. Within thirty (30) days after the completion of a special event, the City shall transmit to the applicant an itemized bill setting forth any verifiable damages or loss to City equipment or property known by the City to be caused by said applicant during a special event. In the event that the applicant refuses to pay such bill, the City reserves the right to seek legal recourse permitted under applicable law for recovery of said damages.
4. 
Damaged/lost equipment (cones, barricades, signs, etc.) will be charged at one-half (1/2) replacement cost against the organizer's deposit. If the expense exceeds the deposit amount, the organizer will be billed directly for this cost.
5. 
The City reserves the right to assess additional costs for litter and refuse collection to the extent that the applicant fails to meet its obligations as set forth in its cleanup plan. Charges shall be determined by the City Administrator after he or she receives the verified time sheet of the foreperson in charge of said cleanup. The current applicable hourly rates for City personnel shall be charged, and an itemized bill shall be sent to the applicant. In the event that the applicant refuses to pay such bill, the City reserves the right to seek legal recourse permitted under applicable law for recovery of said damages.
6. 
Pursuant to applicable law, the City shall not charge any fees for police protection that is required due to potential public response to speech content.
C. 
The City will work with applicants to determine ways to reduce the need for City services with the use of volunteers if possible. The use and placement of volunteers are subject to the discretion of the Chief of Police. To the extent permitted by the Chief of Police, organizers will be allowed to hire security guards for security functions related to the special event.
D. 
Should the City determine in the planning process that it is necessary to pursue a cooperative services agreement with the Lake Ozark Fire Protection District to establish it as an emergency management and response team for the event, the LOFPD may assess against the event organizer(s) its staff reimbursement costs on the same basis as the City in Subsection (B)(1) of this Section 612.060, though their charges may not exceed those of the City.