The purpose and intent of this article is to allow the short-term use of certain public parks for special events that allow the possession, sale and consumption of alcohol while providing adequate information to the city’s emergency and safety personnel to plan, prepare and respond to issues affecting the public safety during such special events and prevent activities that may be disruptive, obnoxious or otherwise incompatible. This article does not apply to type 1 or type 2 special events as those terms are defined in Chapter 14 of this code of the city.
(Ordinance 2126, sec. 1, adopted 3/17/22)
In this article these words have the meaning indicated unless a different meaning clearly appears from the context:
Applicant.
A person who has filed a formal written application with the city for obtaining a type 3 special event permit.
City.
The City of Brownfield, Texas.
Parks and Recreation Board.
As used in this article, the term “parks board” or “board” shall mean the city’s park and recreation board as created by Section 15.201 of this code of the city.
Permit Holder.
The person to whom a type 3 special event permit is granted pursuant to this article.
Promoter or Sponsor.
Any individual, assumed-named entity, partnership, association, corporation, firm or organization that promotes, organizes, manages, finances or holds a type 3 special event permit.
Street.
Any public or private street, sidewalk, alley, right-of-way, avenue, lane, boulevard, drive, public place or highway commonly used for vehicular or pedestrian travel within the city.
Type 3 Special Event or Special Event.
As used in this article, a type 3 special event is any event, festival, parade, meeting or gathering that is temporary in nature, whether for-profit or nonprofit, where alcohol may be possessed, consumed and/or sold and: (1) is held at one of the city parks as authorized in this article which attracts or can be expected to attract more than 50 persons at any instant during the type 3 special event; or (2) regardless of size or participation, will require special needs for traffic control within the city park or a street closure in close proximity to the city park. In this article, the term “special event” refers to a type 3 special event.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
Upon compliance with the provisions of this article and upon receiving a type 3 special event permit as provided in this article, it shall be lawful to sale, possess and/or consume the alcoholic beverages of beer and/or wine only, for all participants who may legally consume alcoholic beverages, at the following city parks:
(1) 
Coleman Park; and
(2) 
Lynn Brisendine Park.
(b) 
All type 3 special events require proper permits from the Texas Alcoholic Beverage Commission (TABC). The applicant is responsible for obtaining all requisite TABC permits and providing proof of such permits to the city prior to the city issuing a type 3 special event permit.
(c) 
For events involving the sale or service of alcoholic beverages participants who may legally consume alcoholic beverages shall be permitted to have open containers of alcoholic beverages during the event hours within the area designated in the application provided. Provisions must be made and outlined in the permit application detailing the procedures and security that will be used to prevent participants from exiting the designated area with alcoholic beverages.
(Ordinance 2126, sec. 1, adopted 3/17/22)
The parks board shall have the authority to review all information submitted by an applicant for a type 3 special event and recommend issuance of a permits to the city manager who in turn shall convey such recommendations to the city council when the requirements of this article have been met and shall perform all duties assigned to it under the terms of this article. The provisions of this article shall be administered and enforced by the city manager or their designee and the city manager is authorized to establish additional protocols, policies and guidelines consistent with the terms of this article.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
It shall be unlawful for any person to promote or conduct a special event where alcohol is consumed in any city park without first having applied for and obtained a permit from the city council pursuant to the requirements outlined in this article.
(b) 
The city council may, at its discretion, authorize the issuance of a single permit for a series of special events so long as the series of special events are:
(1) 
Essentially identical in all material aspects except for the days on which they occur;
(2) 
The special events all occur within the same calendar year;
(3) 
The dates on which the special events will occur are known and included in the permit application; and
(4) 
All other provisions of this article are followed.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
An application for a special event must be filed not more than 120 days nor less than 45 days before the special event is to begin. The city manager may waive the 45-day filing requirement if it is determined that the application can be processed in less than 60 days, taking into consideration the size of the special event, whether special accommodations must be made such as street closures, and the number and types of additional permits or licenses required to be issued to hold the special event.
(b) 
The application shall be filed with the city secretary. Upon receiving the application, the city secretary shall notify the parks board and schedule a meeting to review the application. The city manager or the city manager’s designee will present the application to the parks board for their consideration. At the city manager’s discretion, due to the nature of the special event being applied for, the city manager may include the fire chief, police chief, and/or other appropriate city officials at the parks board meeting for purposes of reviewing the application.
(c) 
The application for a special event shall contain, at a minimum, the following information:
(1) 
The name, resident address, e-mail address and telephone number of the applicant.
(2) 
The name, address, e-mail address and telephone number of any promoter or promoters of the special event if someone other than or in addition to the applicant.
(3) 
If the promoter(s) is/are someone other than the applicant, the applicant shall file a written statement from the promoter showing authority to make the application.
(4) 
The name of any local sponsor(s) of the special event.
(5) 
The type and purpose of the event.
(6) 
A full and complete description of the location within the city park where the event is to be located.
(7) 
The dates and times the event will begin and end as well as the date and time on-site activities in preparation for the special event will begin.
(8) 
The estimated number of people who may attend the event.
(9) 
A site plan of the proposed location for the special event depicting the approximate location, size and orientation of any tents, awnings, canopies, loud speakers, booths, fences, barricades, traffic cones, restroom or portable toilet facilities, lighting, and other temporary structures. In addition, a listing with as much detail as possible of the types of booths, merchandise, food, and beverage that will be for sale or provided at the event. If the event includes involves the sale or service of alcoholic beverages, a clear delineation of where such sale or service will occur. The site plan shall include any other information required by the city manager or the parks board.
(10) 
Details of any electrical, mechanical or plumbing work to be conducted to prepare for or to hold the event and if so, evidence showing how it will be done in accordance with the city’s adopted building codes.
(11) 
Details showing the location of trash containers in adequate numbers that shall be placed at convenient locations for the use of the public during the special event, and an explanation of how the trash containers will be serviced and emptied during and after the event.
(12) 
A detailed description of how the alcoholic beverages will be made available, including the projected quantity and type of alcoholic beverages that may be present.
(d) 
Public safety review.
Where the police chief or fire chief determines that a proposed special event could have an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus, access roads or where such special event will adversely affect public safety services of any kind, the police chief or fire chief shall have the authority to order the development and submittal of a public safety plan for the provision of an appropriate level of public safety. The public safety plan shall address:
(1) 
Emergency vehicle ingress and egress;
(2) 
Fire protection;
(3) 
Emergency medical services;
(4) 
The directing of both attendees and vehicles (including the parking of and traffic flow of vehicles);
(5) 
The need for the presence of law enforcement at the event; and
(6) 
The need for the presence of fire and emergency medical services personnel at the event.
(e) 
Insurance.
The applicant shall obtain insurance or bonds as deemed necessary by the parks board to protect the public, to ensure that the permit conditions are complied with, or to ensure that the applicant will be able to pay any claims which may arise out of the proposed activity. The parks board may establish the types and amounts of coverage including, but not limited to, public liability insurance, commercial general liability insurance, liquor liability insurance and/or business automobile liability insurance. The parks board may require the insurance policies name the city as an additional insured under such policies.
(f) 
Application/permit fee.
The application/permit fee for a special event will be established by the applicable fee schedule adopted by the city council. The applicant may incur additional costs related to human or other resources required for the event in accordance with this article.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
If the site plan provided by the applicant indicates proposed streets to be closed or the parks board requires that certain streets be closed for the special event, the parks board or its designee will review all proposed street closures to ensure that proper traffic-control measures will be in place. Street closures will only be provided by the city.
(b) 
Closures involving state highways must also be approved by the state department of transportation.
(c) 
The city secretary will notify the applicant of what the cost will be to provide the requested street closures. Costs shall be determined based on the applicable fee schedule adopted by the city council.
(d) 
If parking needs for the event are expected to exceed the area(s) owned by or assigned to the location for the special event, appropriate parking arrangements must be made with affected properties or establishments and outlined on the site plan.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
Unless exempt as provided in subsection (c) below, applicants for special events shall be required to provide security, crowd control and traffic control for the duration of the special event. The type and level of such security will be determined by the police chief in accordance with the provisions outlined in subsection (b) below. The applicant will be responsible for the cost of the security. If the applicant desires to use private security officers, they shall be required to furnish written evidence from a state-certified security agency that arrangements have been made to furnish such security officers as required by the police chief prior to issuance of a permit. Applicants may elect to use city police officers for such service upon concurrence of the police chief and payment for such service prior to issuance of a permit.
(b) 
In determining the level of security required, the following nonexclusive items may be considered by the police chief:
(1) 
The amount and types of alcoholic beverages will be sold, served, or otherwise made available at the event;
(2) 
If special needs in security, crowd control, or traffic control are created by:
(A) 
The topography of the site or size of the event;
(B) 
The weather conditions during the event; or
(C) 
The time of day during which the event is conducted;
(3) 
The event requires street closures or rerouting of vehicular or pedestrian traffic;
(4) 
The history of the particular event indicates that a greater or lesser level of security is required to protect the public health, safety, and welfare; or
(5) 
Other factors affecting the public health, safety and welfare the police chief may feel relevant.
(c) 
Applicants for special events may be exempt from the requirement to provide security, crowd control and/or traffic control for a special event if the police chief determines, in writing, after performing the public safety review required in Section 15.1006(d), that because of the size, location and/or type of special event, public safety will not be adversely impacted by the special event. A copy of the written findings by the police chief will be provided to the city secretary and the applicant. The city council reserves the right to remove such exemption prior to issuance of any permit.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
At the meeting of the parks board, the board shall determine whether all requirements of this article have been met, whether insurance or a bond is required of the applicant and whether the location of the proposed special event meets with the requirements of this article. Upon finding that all requirements of this article have been met, the parks board shall notify the city manager who in turn shall convey such notice to the city council that all requirements of this article have been met including any special conditions or recommendations of the parks board relating to the special event. The parks board shall decide on each permit application by forwarding it to the city manager who in turn shall convey such recommendations to the city council for consideration, forwarding it to the city council for consideration with certain conditions or returning the application to the applicant specifying the deficiencies in the application within twenty (20) days after receipt of a completed application.
(b) 
Upon receiving from the parks board notification that all requirements of this article have been met by an applicant, the city council shall consider the application for a type 3 special event permit and grant the permit, grant the permit with conditions or deny the permit at a regular city council meeting.
(c) 
If the city council grants the permit with conditions, denies, or revokes a permit, the city secretary, at the direction of the city council, shall deliver written notice to the permit holder or applicant stating the action and the reasons supporting such action. The notice shall be delivered using the contact information for the applicant as provided on the application. Unless appealed, the decision of the city council is final.
(Ordinance 2126, sec. 1, adopted 3/17/22)
The city council may deny or revoke an application for a type 3 special event permit if:
(1) 
The proposed special event will conflict with another special event that has been previously granted a permit for the same time, site or location;
(2) 
The special event would severely hinder the delivery of normal or emergency services that cannot be remedied through reasonable accommodations as determined by the city council;
(3) 
The time, place or manner of the proposed event will disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;
(4) 
The applicant has been cited for violating this article during a previous special event or the applicant has failed to comply with the terms of a previous special event permit;
(5) 
The applicant makes a false or misleading statement or omission of material fact on the application for a special event permit;
(6) 
The applicant does not comply with the issued permit by conducting the event in accordance with the event description and site plan provided in the application or the conditions stipulated by the parks board or city council when the permit is issue; or
(7) 
The city council determines that it would not be in the best interest of the public health, safety or welfare to grant the type 3 special event permit.
(Ordinance 2126, sec. 1, adopted 3/17/22)
An applicant for a permit under this article or the permit holder may appeal to the decision of the city council to deny issuing a permit or placing conditions on the issuance of the permit by requesting the city council reconsider their decision. The applicant may appear before the city council to present information concerning why the city council should reconsider their decision. The applicant or permit holder must file a written notice of appeal with the city secretary within ten (10) days from the finding or action of the city council. Upon the filing of such notice of appeal, the application for the permit and all supporting documentation shall be delivered to the city council. The city council shall hear any such properly requested appeal within 14 days from the date of receipt of the notice of appeal or at the next available regularly scheduled council meeting. The city council may, as the city council deems to be interest of the city, add such conditions and additional requirements for granting a permit, grant the permit without any additional requirements, or deny the permit. The decision of the city council on appeal is final. No further administrative procedures are provided by the city.
(Ordinance 2126, sec. 1, adopted 3/17/22)
(a) 
Any violation of this article by any person shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in Section 1.109 of this code. This penalty provision shall be in addition to any other legal or equitable remedies available to the city to enforce this article.
(b) 
A person to whom a permit has been issued who intentionally violates the terms of the permit shall be guilty of a misdemeanor and punishable in accordance with the penalty provisions of this section.
(c) 
A person participating in a special event for which a permit has been issued who intentionally violates the terms of the permit shall be guilty of a misdemeanor and punishable in accordance with the penalty provisions of this section.
(d) 
A person who promotes, sponsors, participates in a special event without first obtaining a special event permit and with knowledge that no permit has been issued shall be guilty of a misdemeanor and punishable in accordance with the penalty provisions of this section.
(e) 
The city through its officials, employees, agents, and representatives shall have the right at all reasonable times to enter upon the premises of the special event for the purpose of inspecting and ensuring compliance with the provisions of this article, and for the doing of any act or thing which the city may be obligated to or have the right to do under the permit, this article, or other applicable city ordinance, rule or regulation.
(Ordinance 2126, sec. 1, adopted 3/17/22)