[HISTORY: Adopted by the Common Council of the City of Port
Washington 12-17-2019 by Ord. No.
2019-20 (§ 9.13 of the 1984 Code). Amendments
noted where applicable.]
The City of Port Washington recognizes that events organized
by individuals, private organizations, and nonprofits serve an important
role in enhancing the City's quality of life and provide benefits
to the community. In order to treat all persons and groups uniformly,
to facilitate the successful staging of these events, and to make
efficient use of available public facilities and resources, the City
will use staff time and resources to review event applications and
assist organizers and sponsors to ensure that events have an overall
positive effect on the health, safety and welfare of the community.
During the review process, the City will address traffic and parking
issues, health and safety issues related to the participants and the
public, effects upon neighboring properties, explosion and fire hazards,
disorder and other dangers to persons or property, preservation of
peace and order, sanitation, and the overall safeguarding of the public.
The City will also consider the potential diversion of police, fire,
ambulance and other services from their regular and necessary duties,
and the additional costs of providing municipal services associated
with the holding of such events.
As used herein the following terms shall have the meanings indicated:
A beer garden event held in Upper Lake Park – Picnic Area 6 facilities between May 15 and October 15, on such days and at such hours as established or revised from time to time by resolution of the Common Council. Beer garden series events are specifically regulated pursuant to § 214-13 of this chapter.
[Added 4-20-2021 by Ord.
No. 2021-1; amended 4-5-2023 by Ord. No. 2023-6]
Includes, but is not limited to, all municipal buildings,
structures, parks, beaches, athletic fields and facilities; public
streets, rights-of-way and parking lots; marina, harbor and related
boating, docking, launching and pier facilities; and any other property
owned, leased, controlled or lawfully occupied by the City.
A temporary gathering of people on public or private property
and involving one or more of the circumstances listed below. The City
Clerk, or in the Clerk's absence the City Administrator, shall have
exclusive authority to determine whether such gathering constitutes
an "event," based on the totality of circumstances after considering
all relevant factors, including, but not limited to, those listed
below.
Exclusive use of all or part of public waters or City property
or facilities within the City's boundaries, including, but not limited
to, buildings, parks, park shelters, open spaces, streets, parking
lots and athletic fields.
The closing of a public street, alley and/or other public right-of-way
or public way.
Installation or construction of temporary structures, including,
but not limited to, tents.
City ordinances, rules or policies require public safety support
by City employees.
The provision of extraordinary services by any City department.
Event hours will extend beyond those otherwise prescribed by
City ordinances.
Alcohol beverages, food and/or merchandise will be offered for
sale.
Examples of events include, but are not limited to, activities such as: running or walking events; beer gardens; boat, bicycle or road races or other forms of competition or athletic events; music, theater, or film performances or concerts; fishing derbies; water sports demonstrations; air shows; carnivals; civic fund-raising events; trade or equipment shows; and cultural events such as art fairs, antique shows, religious services, classes, meetings, parties, and other temporary gatherings involving one or more of the above factors. The term "event" is not intended to include a family gathering or picnic unless it involves at least one of the above factors and shall not include the holding of a block party in a primarily residential area pursuant to § 370-17B of the Municipal Code.
Reasonable and necessary services provided by the City which
are required by or arise from the holding of an event. Extraordinary
services result in measurable financial costs to the City which are
beyond the normal levels of public health and safety services provided
on a non-event day. Extraordinary services are those which require
City employees to be specifically assigned to tasks in support of
the event and/or those services resulting in overtime pay or similar
costs which result from the event. Examples of extraordinary services
include, but are not limited to, police services, traffic control,
explosion/fire inspection or protection, ambulance/EMS services, parks
services, and other services necessary to promote the health and safety
of event participants and citizens, the efficient delivery of City
services, and the proper administration of this chapter and public
policy.
Any person who or entity that arranges, plans, coordinates or
takes other action to gather persons for an event. The determination
of whether someone is an organizer shall be based in part upon the
common meaning of the words "organize," "organizer," "arrange," "plan"
and "coordinate." The City Clerk, or in the Clerk's absence the City
Administrator, shall have exclusive authority to determine whether
a person or entity meets the definition of an "organizer" based on
the totality of circumstances after considering all relevant factors,
including, but not limited to, those listed below:
Whether the person or entity sets or takes action to set the
date of such event.
Whether the person or entity arranges, plans, coordinates or
takes action to arrange, plan or coordinate the activities associated
with the event.
Whether the person or entity arranges, plans or coordinates
or takes action to arrange, plan or coordinate the activities of persons
to assist with the operation of the event.
Whether the person or entity erects or arranges, plans or coordinates
or takes action to arrange, plan or coordinate the erection of temporary
structures, placement of barricades or cones, signs, or other structures
or objects to facilitate the event.
Whether the person or entity promotes the event by means of
advertisements, banners, flyers, web-based promotion, social media
or other means.
Whether the person or entity creates or causes the creation
of original content related to the advertisement or promotion of the
event.
Whether the person or entity pays any costs or expenses of the
event.
Whether the person or entity receives revenue from the event,
whether directly or indirectly, from admissions, concessions or sales
of other merchandise or services.
"Organizer" does not include a person who or entity that advertises
or promotes an event as part of a contract or agreement for advertising
services, such as a newspaper that accepts advertisements for events,
a convention and visitors bureau, or a tourism bureau; transmits information
pertaining to an event through word of mouth, social media or otherwise;
or provides sponsorship through the provision of money, goods, liability
insurance, indemnification or other services, whether in exchange
for advertising or not, for an event with a separately identified
organizer.
Any person who or entity which assumes or undertakes responsibility
or pays money for various obligations relating to, arising from or
associated with an event. Such obligations include, but are not limited
to, the cost of extraordinary services or other expenses or the provision
of goods, insurance, indemnification or services, usually in exchange
for advertising during the event. The City Clerk, or in the Clerk's
absence the City Administrator, shall have exclusive authority to
determine whether a person or entity meets the definition of a "sponsor,"
based on the totality of circumstances after considering all relevant
factors.
A.
License or permit required. No person or entity acting as an event
organizer shall set up for, begin, hold or conduct an event within
the City without first obtaining an event license or permit. Events
for which the City is the sole organizer, or in which the City participates
as one of several organizers, shall also be subject to the provisions
of this chapter. The City Clerk, or in the Clerk's absence the City
Administrator, shall have the exclusive authority to determine whether
an event license or permit is required for an event; provided, however,
that if an event meets the definition of "event" hereinabove, then
an event license or permit shall be required. Neither the City's review
of an application for an event license or permit nor the subsequent
issuance of such license or permit shall be construed as acceptance
by the City of liability or responsibility for any injury or property
damage relating to or arising from the event. Event licenses and permits
are temporary in nature and do not vest permanent rights in any applicant,
licensee or permittee.
B.
Exceptions. An event license or permit is not required in the following
circumstances:
(1)
An event is wholly contained on public or private property which
is specifically designed or suitable for the event and which has a
physical layout appropriate for fire protection purposes, and has
appropriate sanitation facilities and street and/or highway access,
and conducting the event will result in no greater use of public facilities
and/or services than on normal, non-event days. The provision of legal
parking spaces shall not be included in a determination of whether
an event is "wholly contained" on public or private property.
(2)
Recurring events for which the organizer enters into a separate written agreement, approved by the Common Council, to conduct the event in accordance with the terms and conditions of said agreement. In such cases the Common Council may, in its discretion, grant relief from the strict application of the provisions of this chapter; provided, however, that no relief from the liability insurance and indemnification requirements of this chapter shall be granted, and any such agreement shall substantially comply with the purposes set forth in § 214-1 of this chapter.
(3)
Events on property otherwise exempt from City license or permit requirements,
including, without limitation, events wholly contained on property
owned by the State of Wisconsin that do not require extraordinary
services.
A.
Applications. Completed written applications for an event license
or permit, and for related licenses and permits, shall be filed with
the City Clerk and shall include payment of the required application
fee(s). Applications for licenses and permits shall be on forms approved
by the City and contained in the Event Application Manual available
from the City Clerk or on the City's official website and shall be
signed by the person or authorized representative of the entity organizing
the event. Applications shall be filed not earlier than one year and
not later than 60 days prior to the event.
B.
Compliance with laws. Events shall be conducted in compliance with
all applicable state, county and City laws, ordinances and regulations,
including, but not limited to, those relating to traffic, parks, health,
fire safety, building and zoning, food service, merchants, and alcohol
beverages. Organizers shall use reasonable efforts to ensure compliance
by event participants, attendees, merchants and licensees with such
laws.
C.
Designation of contact person. The applicant shall designate and
identify an authorized person who can be contacted at any time regarding
the operation of the event, including by City officials and staff
such as the City Administrator, City Clerk, Building Inspector, police,
fire and ambulance personnel, and Parks and Recreation Department,
Public Works Department and Division of Streets staff, to provide
information and respond to questions and comments from the public
or others, and shall provide the telephone number and email address
at which the contact person may be reached.
[Amended 7-18-2023 by Ord. No. 2023-14]
D.
Conditional approval. The approval of every event application shall
be conditioned upon the approval and issuance of all necessary licenses,
permits and inspections by City departments, in addition to Common
Council approval of the event.
E.
Nontransferable. Event licenses and permits shall not be transferred
or assigned to any other person or entity without prior approval of
the Common Council and shall be automatically revoked at the time
of any such unauthorized transfer or assignment.
Event applications shall include and address the following matters
and attach supporting information as necessary. A summary of required
application information is set forth below, and additional requirements
may be obtained from City departments when planning an event and seeking
City approvals.
A.
Duration; hours of operation. An application shall specify the date(s)
on which the event will occur or, in the case of seasonal or recurring
events, the date(s) within the season or period of the calendar year
on which the event will occur. No event shall be open to the public
except between the hours of 8:00 a.m. and 10:00 p.m., unless other
hours of operation are approved by the Common Council. The application
shall also specify the hours during which pre-event setup and post-event
take down operations will occur, and no pre-event or post-event activities
may be conducted at other times.
B.
Maximum attendance. An application shall specify the maximum number
of persons reasonably expected to attend each day of the event.
C.
Parking. An application shall identify areas that may reasonably
be expected to be used by attendees for off-street and on-street parking.
An applicant shall take reasonable precautions to minimize adverse
effects on the neighborhoods that will be directly affected by parking
and traffic related to the event. The Police Department shall post
signs indicating temporary parking restrictions on public streets
for the event only if deemed necessary for public safety by the Police
Chief in the application review process.
D.
Mapped routes and alteration of mapped routes. An application shall
include a map of proposed routes for events which will involve the
exclusive use or closing of all or part of public parking lots, streets,
alleys and/or other public ways. Proposed routes may be altered at
the discretion of the City in the interests of the health, safety
and welfare of the community. Any deviation from the approved route
without prior approval of the City constitutes a violation of the
license or permit conditions and of this chapter and may result in
the denial of a future event license or permit.
E.
Sanitary facilities and potable water. All sanitary and potable water
facilities shall be provided for the event as required by applicable
state, county and City laws and codes.
F.
Illumination. If the event is to be conducted during hours of darkness,
its operation shall comply with all applicable state, county and City
codes related to illumination.
G.
Security. An applicant shall work with the Police Department to ensure
that appropriate security is provided for the event. The Police Department
may, in its discretion, become involved in providing security for
an event, with the costs of any extraordinary services to be paid
by the organizer.
H.
Fire protection. All fire protection for the event shall be provided
by the applicant as required by the federal, state and City fire prevention
codes, such as the National Fire Protection Association (NFPA) codes
and the Wisconsin Administrative Code, including, but not limited
to, fire alarms, fire extinguishers, fire lanes and fire escapes.
I.
Required approvals. No event shall be held unless all approvals have
been granted and all licenses and permits have been issued, as required
by state laws and City codes.
J.
Refuse removal. Within 24 hours after the end of the event, the organizer
shall take all reasonable action to pick up and remove litter and
refuse resulting from the event. The organizer is responsible not
only for litter and refuse removal from the event grounds but also
from the neighborhoods immediately surrounding the event.
K.
Notification. The City may require an organizer to provide reasonable
advance notice to residents and businesses (or to neighborhoods if
individual notice is impractical) who or which may be expected to
experience substantial traffic and/or noise impacts from the event.
L.
Barricades. The placement of barricades shall be required for street
closures or pursuant to a security plan for the event. Barricades
may be available for rent from the City or a private company, with
the costs thereof to be paid by the organizer. All barricades used
shall be approved by the City Engineer.
A.
Order of processing; reservation of future dates. Applications for event licenses or permits shall be processed in the order received by the City Clerk. Persons or entities holding an approved event may reserve the date(s) for the event to be held the following year; provided, however, that not later than 60 days after the end of the event they give to the City Clerk written notice of their intent to hold the event the following year and the date(s) on which such event is expected to be held. If timely given, such notice will reserve the designated date(s) until a complete application is filed with the City Clerk (or the person or entity gives the City Clerk written notice of the withdrawal of such reservation) and will have priority over other applications received for a license or permit for an event on the same date(s). Unless the City Clerk receives a timely written notice of intent to hold an event as described above, approval for the use of City property and allocation of City resources shall be based upon the applications as they are received, without regard to events that may have been held in prior years. Recurring events with separate written agreements approved by the Common Council shall have priority over the reservations provided for in this Subsection A.
B.
Event meeting. Upon receipt of an application for an event license
or permit, the City Administrator or City Clerk may schedule a meeting
among the applicant, City department heads, officials and staff. The
meeting will be held to discuss the event, its potential impacts,
the City services requested, and the City services which may be required.
The meeting will be held as soon as practicable after an application
has been filed with the City Clerk.
C.
Application review.
(1)
Upon receipt of an application for an event license, the City Clerk
will provide the following City departments or divisions with a copy
of the application for review and comment: City Administrator, Police,
Fire, Division of Permits and Inspections, Public Works, Parks and
Recreation, Division of Streets, and City Attorney. Additional City
officials (e.g., Harbormaster) may need to review and comment on the
application due to the location, scope or circumstances of the event.
The City department heads shall, within 10 days of receipt of a copy
of the application, notify the City Clerk whether they recommend approval
or denial of the application, approval contingent upon modification
of the application, or take no position on the application and shall
provide the Clerk with the estimated costs of extraordinary services
which may be incurred by their department for the event.
[Amended 7-18-2023 by Ord. No. 2023-14]
(2)
In the case of events for which the City is the sole organizer, or
in which the City participates as one of several organizers, the City
Clerk shall give notices to all affected City departments for their
review and so they may determine their level of sponsorship, if any.
D.
City Administrator recommendation. As soon as practicable after the
City Administrator receives from the City Clerk the City department
heads' recommendations and estimated costs of extraordinary services,
the Administrator shall provide a recommendation to the Common Council
regarding the application. Recommendations may include, but are not
limited to:
E.
Common Council action. After its review of a completed application
and the recommendations and comments provided by the City Administrator
and City departments, the Common Council may approve or deny an event
license or permit, or place reasonable conditions on an event license
or permit, and shall require that all costs of providing extraordinary
services be paid by an organizer, licensee or permittee.
F.
Grounds for denial. To the extent permitted by law, the Common Council
may deny an event license or permit if the applicant has made a materially
false statement or misrepresentation regarding the nature or scope
of an event previously approved by the Council, has held a prior event
without obtaining a required license or permit, or has violated the
terms or conditions of a previously issued event license or permit.
An applicant's prior conduct while holding an event or in holding
the event which is the subject of a pending application will also
be considered and may affect the decision to approve or deny an event
license or permit. An event license or permit may be denied, or conditions
placed thereon, based upon considerations of the health, safety, and
welfare of the community, and of the anticipated costs of holding
the event. In addition, the Common Council may base its decision on
any of the following grounds:
(1)
Application is not complete and/or fails to include necessary attachments.
(2)
Applicant has not paid the application fees.
(3)
Applicant asserts that they cannot or will not pay the costs of extraordinary
services.
(4)
Application contains a materially false statement or misrepresentation.
(5)
Applicant has, on a prior occasion, been required to pay for extraordinary
services or damages to City property and has not paid for such services
or damages.
(6)
An application for an event on the same date and place, or requiring
extraordinary City resources, was previously received and a license
or permit for such event has been or will likely be granted which
will authorize uses or activities which do not reasonably permit multiple
occupancy of City property or facilities or would result in use of
City resources which would adversely affect public health, safety
or welfare.
(7)
The proposed uses or activities would conflict with previously planned
events or programs organized by others, either due to the limited
supply of City property or facilities or the unavailability of sufficient
City resources for the proposed event.
(8)
The proposed uses or activities would present a serious or unreasonable
danger to the health or safety of the persons expected to participate
in or attend the event, the neighborhood in which the event would
occur, the community as a whole, or to City property and resources
required to be involved with the proposed event.
(9)
The number of persons expected to participate in or attend the event
would result in a concentration of persons, vehicles or things which
could not be supported at the requested time or place due to insufficient
open area, streets, parking or traffic controls.
(10)
Activities reasonably expected to occur at the intended event
are prohibited by law.
(11)
The City's anticipated costs associated with the event, including,
but not limited to, the cost of extraordinary services, would exceed
the anticipated benefits of the event to the community.
(12)
The proposed uses or activities would materially interfere with
the community's use of City property in such a manner or for such
a length of time as to exceed the anticipated benefits of the event
to the community.
G.
Amendment or revision of application. Any amendment or revision of
an application shall, for purposes of determining the priority of
the application, relate back to the date of filing of the original
application, unless the original application is incomplete or lacking
sufficient information to allow for an adequate review of the proposed
event.
A nonrefundable application fee is required for all event applications.
Application fees are separate from fees charged for other licenses
and permits which may be required to conduct an event and separate
from any requirement to pay the City for the costs of extraordinary
services provided for or at the event, or for damages resulting from
the event.
A.
Fees and charges. Event fees and charges are as follows:
(1)
Event application fees for a single-day event or for multiple-day
events (consecutive or recurring) may be established or revised from
time to time by resolution of the Common Council.
[Amended 12-15-2020 by Ord. No. 2020-9]
(2)
All other fees and charges, including, but not limited to, park or
facility rental fees, alcohol beverage license fees, food and beverage
sale permit fees, and equipment rental fees, shall be paid at the
time an event application is filed with the City Clerk. However, submittal
of an event application does not by itself reserve a park or other
City property or facility or City services necessary to conduct the
event.
(3)
Application fees shall be effective for events occurring on and after
January 1, 2020.
B.
Schedule of charges for extraordinary services. The Common Council
shall periodically approve a resolution adopting a schedule of charges
for extraordinary services provided by the City at or for an event.
The schedule may provide for hourly rates or flat fees and will specify
those extraordinary services for which charges will be made.
C.
Estimates of and payment for extraordinary services.
(1)
The organizer shall be responsible for and pay to the City all costs
of extraordinary services provided by the City at or for an event.
If there is more than one organizer, the organizers shall be jointly
and severally liable for payment of such costs. If the City is a co-organizer
of an event, the costs of extraordinary services will be apportioned
based on the level of the City's involvement, with that amount deducted
from the total costs of extraordinary services and the balance thereof
to be paid by the other organizers. The costs of extraordinary services
shall not exceed the actual costs of providing such services. All
such costs shall be paid to the City within 30 days after the date
an invoice is mailed to the organizer following the event.
(2)
Prior to approval of an event license or permit, the Police and Fire
Departments and all other departments potentially affected by the
proposed event shall review the application and provide the City Clerk
with the estimated costs of extraordinary services which may be incurred
by their department for extraordinary services provided at or for
the event. The estimates provided by City department heads shall provide
enough detail to allow the organizer to reasonably understand the
extraordinary services that are expected to be provided. When proper
advance notice of an event is given as required by this chapter, City
departments will make reasonable efforts to adjust the work schedules
of City employees to minimize the requirement for overtime pay or
other costs of extraordinary services.
(3)
After reviewing the estimates provided by City department heads,
the City Administrator may recommend to the Common Council that advance
payment of the costs of extraordinary services be required as a condition
of an event license or permit.
(4)
The Common Council shall address the payment of extraordinary services
by one or more of the following means at the time it acts on an event
application:
(a)
The Council may require that the organizer(s) pay the total
costs of extraordinary services provided by the City at or for the
event, with such costs to be mailed via invoice to the organizer(s)
after the end of the event.
(b)
The Council may require that the organizer(s) pay less than
the total costs of extraordinary services provided by the City at
or for the event, with said amount to be determined by the Council
based upon the unique circumstances of the event. Any costs required
to be paid shall be mailed via invoice to the organizer(s) after the
conclusion of the event.
(c)
The Council may require that funds be paid into escrow, or that
other security acceptable to the Council be provided, by the organizer(s)
before an event license or permit is issued. The amount of the escrow
or other security shall be based upon the estimated costs of extraordinary
services which may be incurred.
(d)
Security for the estimated costs of extraordinary services may
be in the form of a cash deposit into an escrow account held by the
City, or a bond or letter of credit, the type and form of which shall
be subject to the approval of the City Attorney.
(e)
If the total costs of extraordinary services exceed the amount
of the security provided, then the deficiency shall be billed to and
paid by the organizer(s). If the total cost of extraordinary services
is less than the amount of cash deposited in escrow, then any remaining
funds shall be returned to the organizer(s) within a reasonable time
after the event. Any other security must be claimed, drawn upon or
released by the City within a reasonable time after the event.
The organizer(s) of an event shall be required to sign an agreement
in form and substance acceptable to the City Attorney in which they
agree to indemnify and hold the City, its officials, employees, departments,
and subunits harmless from any claims or liability for damages, including,
but not limited to, bodily injury, death and/or property damage connected
with or arising from the event, and which are caused by the negligent
or intentional acts or omissions of the organizer(s), their officers,
employees, agents, volunteers, or any persons subject to their right
of control.
The organizer(s) of an event shall, at their expense, obtain
and maintain in force a policy of liability insurance subject to the
City's minimum insurance requirements for the event. Such liability
insurance shall be primary coverage for acts or omissions which occur
on City property and which cause injury to or death of persons, or
property damage, during the event, and any insurance or self-insurance
maintained by the City, its officials, officers, members, agents,
employees or authorized volunteers will not contribute to any such
loss or liability. All insurance shall be in full force prior to the
beginning of the event and shall remain in force throughout the event,
including any pre-event setup and post-event take down or cleanup
operations relating to the event. A current certificate of liability
insurance evidencing the required type and amount of coverage shall
be filed with the City Clerk at least 30 days prior to the event and
shall be subject to review and approval by the City Attorney. An event
shall not commence or proceed without submission and approval of such
insurance certificate. The City's receipt and retention of such insurance
certificate without comment shall not constitute or be deemed acceptance
thereof or waiver of any requirement under this section.
The City Administrator, Police Chief or Fire Chief may cancel
an event, whether or not a license or permit has been issued, without
prior notice due to any substantial change in conditions that has
or is likely to adversely affect the health, safety or welfare of
the public or of attendees of the event.
A.
Appeal from determination of City Clerk or City Administrator. A
person, entity or applicant aggrieved by a determination made by the
City Clerk or City Administrator pursuant to this chapter shall file
a written appeal with the City Clerk not later than five business
days after notice of such determination. The appeal shall be heard
and decided by the Common Council, following review and recommendation
by the General Government and Finance Committee, at the Common Council's
next regularly scheduled meeting for which legally required notice
may be provided to the public. The Common Council may affirm, reverse
or modify a determination of the City Clerk or City Administrator
at the conclusion of such hearing, after the appellant, the City Clerk
and/or City Administrator and their respective attorneys have had
an opportunity to be heard.
[Amended 8-1-2023 by Ord. No. 2023-15]
B.
Appeal from decision of Common Council. A person, entity or applicant
aggrieved by a decision of the Common Council denying, suspending,
revoking or nonrenewing an event license or permit, or other decision
of the Common Council made pursuant to this chapter, may seek review
in the Ozaukee County Circuit Court as provided in Wis. Stats. § 68.001
et seq. (Municipal Administrative Procedure) (2017-18 and as amended)
or seek such other legal relief as may be available.
In addition to such other forfeitures or penalties set forth
in the Municipal Code of the City of Port Washington, in the event
of a violation of the terms or conditions of an event license or permit
or this chapter by an organizer, sponsor, licensee or permittee, the
City may deny, suspend, revoke or nonrenew such license or permit,
seek injunctive relief and/or pursue all other available legal and
equitable remedies. A conviction of such violation(s) may also result
in the denial of a future event license or permit.
[Added 4-20-2021 by Ord.
No. 2021-1]
A.
BEER GARDEN SERIES EVENT
CITY PROPERTY
EVENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(2)
EXTRAORDINARY SERVICES
Definitions. As used herein the following terms shall have the meanings
indicated:
An event held in Upper Lake Park – Picnic Area 6 beer
garden facilities between May 15 and October 15, on such days and
at such hours as established or revised from time to time by resolution
of the Common Council.
[Amended 4-5-2023 by Ord. No. 2023-6]
Has the meaning in § 214-2 of this chapter.
A temporary gathering of people on public property and including,
but not limited to, one or more of the circumstances listed below:
Exclusive use of all or part of City property within the City's
boundaries, including, but not limited to, buildings, park shelters,
open spaces, streets, and parking lots.
The closing of a public street, public right-of-way, or public
way.
Installation or erection of temporary structures, including
but not limited to tents.
City ordinances, rules or policies require public safety support
by City employees.
The provision of extraordinary services by any City department.
Alcohol beverages, food and/or merchandise will be offered for
sale, with a portion of the net proceeds distributed to the charitable
organization furnishing volunteers to provide labor for the event.
As used herein, the term "event" is not intended to include
a family gathering or picnic unless it involves at least one of the
above factors.
The meaning in § 214-2 of this chapter.
B.
Beer garden series events; organization; operation; permits. Beer
garden series events shall be subject to the following rules and regulations:
(1)
Purpose and role of Friends of Port Washington Parks and Recreation,
Inc. Friends of Port Washington Parks and Recreation, Inc., is an
independent, nonstock, nonprofit corporation organized for charitable
purposes under § 501(c)(3), Internal Revenue Code. Such
charitable purposes include, but are not limited to, lessening the
burdens of City government through general fund-raising for, and the
development, maintenance, improvement and beautification of, current
and future public buildings, facilities, staff, activities, events,
classes and programs of the Port Washington Parks and Recreation Department,
the mission of which is to improve the quality of life for all residents
of Port Washington by facilitating leisure and cultural activities,
special events, and services that promote mental and physical health,
self-development and community involvement.
(2)
Purposes of beer garden series events. The purposes of the beer garden
series events are to provide a congenial atmosphere for the enjoyment
of the citizens of the City and surrounding areas; to attract visitors
and tourists to the City; to further the economic interests of the
nonprofit and charitable organizations and groups within the City,
thereby increasing the amount of donations from such organizations
to the City for current and future public buildings, facilities, staff,
activities, events, classes and programs of the Port Washington Parks
and Recreation Department; and to enhance economic development through
tourism, all in a manner consistent with public health, safety and
welfare.
(3)
Operations. Operation of the beer garden series events shall be administered
by the Board of Directors and staff of Friends of Port Washington
Parks and Recreation, Inc.
(4)
Authorization. The President of Friends of Port Washington Parks
and Recreation, Inc., is authorized to assign dates for, collect and
hold in its operating account and disburse all revenues resulting
from, and execute such documents as are necessary to conduct the beer
garden series events, subject to the terms and conditions set forth
hereinbelow.
(5)
Licenses for sale or serving of fermented malt beverages, wine coolers,
and wine. For each location at which fermented malt beverages, wine
coolers or wine will be sold at a beer garden series event, an application
for a temporary Class B (picnic) license shall be filed with the City
Clerk at least 60 days prior to the date of said event. Each location
shall have an agent and an operator licensed by the City present at
all times while fermented malt beverages, wine coolers or wine is
being dispensed, sold, or served. All sales, possession and consumption
of fermented malt beverages, wine coolers and wine shall be within
a designated area at each location. As used in this section "designated
area" shall mean that portion of the premises delineated by marked
lines and temporary signs, or comparable means as may be approved
by the City Clerk, placed at such locations as will give reasonable
notice to the public of the limits of the alcohol beverage licensed
premises. A drawing showing the proposed limits of the designated
area shall be included with the application for the license at the
time such application is filed with the City Clerk.
[Amended 2-1-2022 by Ord.
No. 2022-2]
(6)
Written contract required. It shall be unlawful for a nonprofit or
charitable group or organization to display, vend, dispense, sell
or serve, or to offer to display, vend, dispense, sell or serve, any
food, beverages, goods, or merchandise within Upper Lake Park –
Picnic Area 6 in conjunction with a beer garden series event without
first having entered into and executed a written contract with Friends
of Port Washington Parks and Recreation, Inc., by its Board of Directors,
for that purpose, and having paid a fee therefor in such amount as
may be established or revised from time to time by said Board. The
Board of Directors shall be authorized to designate where such food,
beverages, goods, or merchandise is to be stored, displayed, dispensed,
sold, or served. The contract shall contain the name, address, and
contact information for the person(s) authorized to execute the contract
on behalf of the group or organization. Friends of Port Washington
Parks and Recreation, Inc., may refuse to offer or renew a contract
with a group or organization if the Board of Directors reasonably
determines that such group or organization has not complied with a
prior contract for a beer garden series event.
C.
Procedures. Beer garden series events shall be subject to the following
procedures:
(1)
Application for permit; contents; fee. Friends of Port Washington
Parks and Recreation, Inc., shall file an application for a beer garden
series event permit with the City Clerk 60 days prior to the date
of the beer garden series event. The application shall contain such
information as the City Clerk may require. A permit fee in an amount
established or revised from time to time by resolution of the Common
Council shall be paid to the City Clerk at the time the application
is filed. If issued, the permit shall set forth the exact day(s) on
which and the exact location at which the beer garden series event
shall occur and shall be valid only during the day(s) and at the location
specified. Friends of Port Washington Parks and Recreation, Inc.,
shall provide the City Clerk with a complete list of participating
groups and organizations at the time of filing such application, as
well as a drawing showing the grounds of the event and the location
of stands and booths and the proposed limits of the alcohol beverage
licensed premises in Upper Lake Park – Picnic Area 6.
[Amended 2-1-2022 by Ord.
No. 2022-2; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
(2)
Review of application; issuance of permit. Upon receipt of a complete
application for a beer garden series event permit and payment of the
required fee, the City Clerk shall review the information in the application
for conformity with the requirements of this section. If the requirements
are met, the City Clerk shall sign and issue the permit to Friends
of Port Washington Parks and Recreation, Inc., which shall in turn
issue identification cards to each group or organization participating
in the event. The permit shall be prominently displayed at Picnic
Area 6 throughout the event. If an application is incomplete or defective,
the City Clerk may deny or conditionally approve the permit and shall
advise the applicant of the reason(s) for denial or the conditions
to be met for its issuance.
(3)
Conditions of permit. In addition to any other conditions which may
be imposed by the Common Council, Friends of Port Washington Parks
and Recreation, Inc., shall comply with the following conditions and
procedures for all beer garden series events:
(a)
Liability insurance. To obtain and hold a valid permit, Friends
of Port Washington Parks and Recreation, Inc., shall have in force
adequate liability insurance. Adequate liability insurance is liability
insurance holding the City and its employees, agents, officers, and
officials harmless and indemnifying and defending the City, its employees,
agents, officers, and officials from and against all claims, liability,
loss, damage, or expense for bodily injury (including death) and/or
property damage incurred by the City and caused by or resulting from
the activities for which the beer garden series event permit was issued.
As evidence of such insurance, Friends of Port Washington Parks and
Recreation, Inc., shall furnish to the City Clerk, at least 30 days
prior to each beer garden series event, a current certificate of liability
insurance showing the existence, types, and limits of liability insurance
(including, but not limited to, liquor liability coverage) as required
in the City's Event Application Manual (available from the City Clerk
or on the City's official website), with the City and its employees,
agents, officers and officials being named as additional insureds.
(b)
Extraordinary services provided by City. All requests for extraordinary
services in connection with a beer garden series event shall be directed
to the City by the Friends of Port Washington Parks and Recreation,
Inc., which shall be responsible for payment or reimbursement to the
City for such extraordinary services. An invoice shall be sent to
the Friends of Port Washington Parks and Recreation, Inc., within
15 days after the event. Payment is due within 30 days of the date
of the invoice. The City reserves the right to require full or partial
advance payment of the estimated costs for extraordinary services.
(c)
Cooperation with law enforcement officers. To protect the public
health, safety and welfare, Friends of Port Washington Parks and Recreation,
Inc., shall coordinate with the Chief of Police and Fire Chief as
to the location of all beer garden series events. Final plans for
routing traffic, booth and stand locations, and parking provisions
shall be submitted to the Chief of Police and Fire Chief for their
review and approval at least 30 days prior to each event.
(d)
Cleanup. Friends of Port Washington Parks and Recreation, Inc.,
shall be responsible for all necessary litter removal and site cleanup
following a beer garden series event. Such cleanup shall be completed
within two hours after the conclusion of the event.
(e)
Compliance with laws and regulations. In operating the beer
garden series events and allowing use of Upper Lake Park – Picnic
Area 6 and its facilities, Friends of Port Washington Parks and Recreation,
Inc., shall treat all persons and nonprofit or charitable groups and
organizations in a uniform manner. Friends of Port Washington Parks
and Recreation, Inc., shall comply with the provisions of this section
and all federal, state, county and City laws, regulations and ordinances
governing health and sanitation for food and beverage service businesses;
storage, dispensing, sale and/or service of alcohol beverages; traffic;
parks; animals in public parks; health; fire safety; buildings; zoning;
and access to or use of public activities or public facilities by
persons without regard to race, color, age, gender, disability, nationality,
ethnic origin, sex, sexual orientation, arrest or conviction record,
or any other legally protected status or characteristic. Friends of
Port Washington Parks and Recreation, Inc., shall use reasonable efforts
to ensure compliance by event volunteers, attendees and participants
with such laws, regulations and ordinances. If during an event the
Fire Chief, Police Chief or his or her designee determines that for
public safety or other public purposes street or parking closures
or restrictions must be modified, he or she shall notify the President
of Friends of Port Washington Parks and Recreation, Inc., thereof.
(f)
Nontransferable. Beer garden series event licenses and permits
shall not be transferred or assigned to any other person, group, organization,
or entity without prior approval of the Common Council. Any unauthorized
transfer or assignment of such license or permit shall be null and
void.
(g)
Annual report. By December 1 each year, the Friends of Port
Washington Parks and Recreation, Inc., shall provide the Common Council
with a written report of the beer garden series events operations,
revenues, expenses, and profits distributed to participating nonprofit
and charitable organizations and groups for the current year.
[Added 2-1-2022 by Ord.
No. 2022-2]
D.
Applicability of other City ordinances. Except as otherwise specifically provided in this section for beer garden series events, Friends of Port Washington Parks and Recreation, Inc., shall comply with and shall be subject to the provisions of this chapter regulating events, event licenses, and permits in the City of Port Washington, including but not limited to the penalties set forth in § 214-12 for violations of this chapter, which shall also apply to violations of this section.
