As used in this chapter, the term "special event" means:
A. 
Upon any public street, alley, park or any other public grounds in the Town, any parade, march, ceremony, show, exhibition, pageant, street procession or gathering of 200 or more persons.
B. 
Upon any privately owned grounds in the Town:
1. 
The installation, placement or erection of any temporary building, edifice, tent, oversized balloon, blimp, marquee, float or similar structure at a location visible from public streets or neighboring property; or
2. 
Any gathering of persons where vehicles are to be parked on property which is not designed for parking; or
3. 
Any event which is required by the Town as a part of a conditional use permit to apply for and receive a special event permit; or
4. 
Any gathering of 200 or more persons:
a. 
Held for the sole purpose of advertising any product, goods, wares, merchandise or event and designed to be held purely for private profit, or
b. 
To which the general public is invited.
(Ord. 378-09)
As used in this chapter, the term "special event" does not apply to procession under the direction of duly licensed funeral directors.
(Ord. 378-09)
It is unlawful for any person to organize, hold, manage, conduct, aid, participate in, form, start or carry on, any special event unless there has first been obtained from the Town Manager, or designee a permit to do so. The permit shall be carried by a person heading or leading the special event.
(Ord. 378-09)
A. 
Any person desiring to conduct or manage a special event shall, not less than 30 days before the date on which it is proposed to conduct such special event, file with the Town Manager, or designee a verified application, on a form furnished by the Town Manager, or designee, setting forth the following information:
1. 
The name of the person or organization wishing to conduct the special event;
2. 
If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and the name of the authorized and responsible head of such organization;
3. 
The name, address and telephone number of the person who will be the special event chair and will be responsible for its conduct;
4. 
The name, address and telephone number of the person or organization to whom the permit is desired to be issued;
5. 
The location of the special event;
6. 
The nature of the special event;
7. 
The date(s) when the special event is to be conducted;
8. 
If applicable, the route to be traveled, the starting point and the termination point;
9. 
The approximate number of persons, animals and vehicles that will constitute or attend the special event;
10. 
The hour when the special event will start and terminate;
11. 
A description of any temporary structure;
12. 
A description of the intended parking facilities.
B. 
If the special event is designed to be held by and on behalf of any organization other than the applicant, the applicant for such permit shall file with the Town Manager, or designee a communication in writing from such organization authorizing the applicant to apply for such permit on its behalf.
C. 
Application Fee. An application processing fee shall be paid, as prescribed by resolution adopted by the Town Council.
D. 
Refundable Deposit Required. As a permit condition, applicant shall be required to provide a refundable security deposit in an amount at the discretion of the Town Manager, or designee sufficient to ensure recovery of Town costs and resources, including, but not limited to, staff time in preparing for, monitoring during event and cleaning and restoring Town property in relation to the special event. An applicant who fails to abide by permit conditions may be subject to loss of security deposit. The Town shall prepare an invoice outlining expenses incurred and refund (or charge) applicant the balance remaining (or owed). If applicant owes Town additional reimbursement such reimbursement shall be made within 30 days of receipt of invoice. Special event applicants with outstanding balances owed to the Town shall not be granted further permits until balance owed is resolved.
E. 
The time for applying for a permit set in subsection A shall not apply to any noncommercial activity or speech that is protected by the First Amendment, without consideration of its message or content, where application of such time limit would inhibit the free exercise of or participation in such activity or speech. The time for applying for a permit under this subsection shall be reduced to not more than 72 hours, consistent with the necessity to protect the public health and safety by the least restrictive means possible. Notwithstanding any other time limit set for permit issuance or appeal, all action on a permit application under this subsection shall be consistent with the provisions herein for assuring free exercise of protected activity and speech.
(Ord. 378-09; Ord. 379-09)
The Town Manager or designee shall issue a permit under this chapter if, from consideration of the application and such other information as may be obtained, the Manager or designee finds that:
A. 
The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its location;
B. 
The conduct of the special event is not reasonably likely to cause injury to persons or property;
C. 
If held on public grounds, such special event is not held for the sole purpose of advertising any product, goods, wares, merchandise or event and is not designed to be held purely for private profit.
(Ord. 378-09)
The Town Manager or designee may make the permit subject to conditions necessary to protect the health, safety and welfare of the residents of the Town and the safety of neighboring property. Such conditions may include requiring, without limitation, the conduct of the special event on a date or at a time or location different from that named by the applicant, the posting of a bond or deposit, or the provision of security forces, including the Town's if necessary, at the applicant's expense.
Notwithstanding any of the provisions of this chapter, should the Town Manager or designee determine that prior special events organized, sponsored or conducted by the applicant have resulted in damages to property, complaints from a substantial number of area residents or businesses about the impact of prior events, unreasonable expense to the Town, or unreasonable risks to public safety, the Town Manager, or designee may require, as a condition of approval, that the applicant post an appropriate security deposit or bond to ensure compliance with Town permit conditions. Failure to abide by the permit conditions would result in loss of security deposit or bond.
(Ord. 378-09)
The Town Manager or designee shall act on the application within 10 days after it is filed. If the Town Manager or designee finds that such permit should not be issued, the Manager or designee shall mail to the applicant a notice of the action stating in general terms the reasons for denial of the permit.
(Ord. 378-09)
A. 
Indemnification.
1. 
The applicant shall indemnify and hold harmless the Town of Yountville, its officers, agents, employees and volunteers from any and all claims, causes of action, penalties, losses, expenses (including reasonable attorneys' fees) and any other liability for injuries or damage to persons or property resulting from the special event which were caused by the omissions or authorized acts of the applicant's officers, agents or employees. A form of hold harmless and indemnification agreement shall be provided to applicant by Town Manager or designee, which shall be signed by the applicant or agent authorized to bind the applicant to such agreement.
2. 
If the Town incurs any costs as a result of the applicant's failure to comply with any provisions of this chapter, or if Town property is destroyed or damaged by reason of a special event, the applicant shall reimburse the Town for its actual costs, including the actual replacement or repair cost of the destroyed property. The Town may retain any deposit or portion thereof as full or partial reimbursement for any such damage.
B. 
Insurance.
1. 
If a special event involves one or more of the following conditions, the applicant must obtain general liability insurance in the amount of $1,000,000.00 for the duration of the event, which names the Town of Yountville, its officers, agents and employees or volunteers as additional insured:
a. 
Closure of a major arterial or collector Town streets;
b. 
An anticipated attendance at the special event of 500 or more people.
2. 
No applicant shall be required to comply with the insurance requirements of this section if the activity proposed for the special event is protected by the First Amendment to the United States Constitution and the applicant produces evidence that complying with the insurance provision is impossible or so financially burdensome that it would preclude the proposed special event from occurring.
3. 
The amount of insurance required shall not be based on the existence or content of any expression involved in the special event, or on the expected reactions of observers.
4. 
If insurance is required pursuant to this section, a certificate of insurance and an endorsement naming the Town of Yountville as an additional insured shall be provided to the Town, and must be approved as to form and sufficiency by the Town, no later than five working days before the special event. If the applicant is unable to obtain insurance or does not provide the Town with the certificate of insurance or endorsement, the Town Manager or designee may obtain such insurance on behalf of the permit applicant and charge the permit applicant for the cost.
(Ord. 378-09)
Notwithstanding the foregoing requirements, the Town Manager shall administer this chapter with respect to any noncommercial activity or speech that is protected by the First Amendment in such a manner as to prevent inhibiting the free exercise of or participation in such activity or speech, and shall not apply any requirement herein except as necessary to protect the public health and safety by the least restrictive means possible.
(Ord. 379-09)