In adding this chapter, the city council found that established
business and community benefit districts as well as recognized merchants
associations have a significant stake in assuring the viability of
individual businesses within the geographic areas of the city for
which these districts and merchants associations have been established.
The maintenance of businesses within the jurisdiction of these
districts and merchants associations becomes particularly critical
in times of economic downturns. Districts are a form of self-assessment
to raise funds to promote and strengthen local businesses. Recognized
merchants associations are provided funding by the city or other agencies
to accomplish similar promotional goals. Commercial special events
which utilize public property may run counter to the goal of supporting
businesses within districts and merchants associations. It is therefore
important to assess whether a commercial special event will, in any
way, detract or negatively impact the healthy, vibrant business climate
within a district or merchants association.
Toward that end, the council found and determined that a commercial
special event could have a deleterious effect on businesses in a business
and community benefit district or within the jurisdiction of a merchants
association and therefore requires that regulations be adopted which
assess the potential impacts and permit the districts and merchants
associations to provide input on the potential impacts, if any, to
the businesses within their jurisdiction.
Additionally, in amending this chapter, the city council finds
that similar interests and impacts may occur outside of an established
business and community benefit district, specifically in regard to
city streets and traffic. Therefore the city council requires that
these regulations and permit requirements be expanded to include any
commercial special event that have an effect on city streets and/or
traffic.
(Ord. 5972 § 5, 9-14-2021)
For purposes of this chapter, the words and phrases below have
the meanings designated:
means Montrose Shopping Park Association Business Improvement
District and the Greater Downtown Glendale Community Benefit District.
means a transaction for financial compensation, whether the
compensation is paid immediately or offered as part of the transaction,
or the exchange, production, purchase or sale of goods or services
of any kind or nature.
means a program, activity or event which is put on or sponsored
by a person or entity for the purposes of promoting or engaging in
a commercial transaction. Examples include, but are not limited to,
farmers markets, swap meets, street fairs, art and/or craft shows,
outdoor concerts, festivals, or carnivals.
means the following: Downtown Glendale Merchants Association;
Kenneth Village Merchants Association; Sparr Heights Merchants Association
and Brand Boulevard of Cars.
(Ord. 5972 § 5, 9-14-2021)
No person shall use or occupy public property, including, but
not limited to, sidewalks, streets, public parking facilities, parkways
or alleys in the city of Glendale for a commercial special event,
or hold or cause to be held a commercial special event that has an
effect on such public property, without first obtaining from the city
manager a written permit therefor. All requirements for obtaining
a permit pursuant to this chapter are in addition to any other applicable
local, state or federal law and regulation.
A.
A person
or entity desiring a permit under this chapter shall submit to the
city manager's office a complete written application on a form provided
by the city manager. The application shall contain true and correct
information, including, but not limited to, the following:
1.
Name
and residence or business address of the person(s) or entity making
such application, a detailed statement of the location and area of
the proposed commercial special event, the date(s) of the proposed
commercial special event, and a detailed statement of the proposed
event, including, but not limited to, whether the event contemplates
sales, displays, the nature of any goods or services to be displayed,
sold, purchased, exchanged or produced, and any other information
determined necessary by the city manager.
B.
Each
application submitted shall include a fee as determined by resolution
of the council.
(Ord. 5972 § 5, 9-14-2021)
Upon submission of an application to the city manager's office,
the city manager, or a designee, shall circulate the application amongst
city departments for review and comment. Such comments should focus
on impacts of the proposed commercial special event, including, but
not limited to, city liability, parking, traffic, air quality, noise,
and other potentially adverse physical impacts, and whether any conditions
are required to ameliorate any identified impacts. In addition, the
city manager, or a designee, shall submit the application to all business
and community benefit districts and merchants associations. The districts
and merchants associations shall have the opportunity to comment and
submit recommendations on the permit application. The comments and
recommendations, if any, shall be submitted to the city manager's
office within 10 days from the date of mailing by the city manager,
or a designee.
A.
After
circulation and receipt of comments by city departments and comments
by districts and merchants associations, or the expiration of 35 days
from the date of receipt of the application, whichever shall first
occur, the city manager, or a designee, shall, after review, either
approve, approve with conditions, or deny the application for a commercial
special events permit.
B.
The applicant, business and community benefit districts and merchants associations as defined herein, may appeal to the council the approval, approval with conditions or denial of any application for a commercial special events permit pursuant to the provisions of Glendale Municipal Code Chapter 2.88.
(Ord. 5972 § 5, 9-14-2021)
