This chapter shall be referred to as the "Special Events Ordinance."
(Prior code 5-610; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
It
is the purpose of the City Council to establish a comprehensive process
for permitting special events conducted by the private sector using
City streets, facilities or services and in some cases private facilities
where a use permit does not exist pursuant to Title 16. It is recognized
that these special events provide benefits to the citizens through
the creation of unique venues for expression and entertainment that
are not normally provided as part of governmental services.
B.
Additionally,
it is recognized that tax-exempt nonprofit organizations that benefit
the community are central to the quality of life in the City and that
they often develop through their special events the resources to provide
essential services to the citizens of the City.
C.
By
recognizing special event venues, it is further intended to:
1.
Supplement
land use regulations;
2.
Provide
a coordinated process for the regulation of certain activities conducted
in conjunction with special events;
3.
Ensure
the health and safety of patrons of special events;
4.
Prohibit
illegal activity from occurring within a special event venue on private
or public property;
5.
Protect
the rights and interests granted a special event permit holder;
6.
Create
a mechanism for cost recovery and revenue sharing for special events
without having an adverse effect on those special events that contribute
to the community;
7.
Protect
the rights of its citizens to engage in protected free speech expression
activities, allowing the least restrictive and reasonable, time, place
and manner regulation of those activities within the overall context
of rationally regulating special events that have an impact upon public
facilities and services.
(Prior code 5-611; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
As used in this chapter:
means any fully enclosed permanent structure built for the
support, shelter, or enclosure of persons, animals, livestock, or
property of any kind. It includes pushcarts and mobile vendors (see
Stockton Municipal Code, Title 5) for which the sale of goods, food
or beverages has been authorized.
means an event that occurs in designated venues identified in Section 12.72.380 which includes the sale and on-site consumption of cannabis products.
means the City employee designated by the City Manager as
"Event Manager."
means the City employee currently holding the official job
title "City Manager" or designee.
means any special event organized and conducted by any person
or organization that does not qualify as a tax-exempt, nonprofit organization.
means those organizations with offices located within the
Stockton City limits or those providing services or funding benefiting
Stockton residents, such as nonprofit, chartered, civic, charitable,
fraternal, governmental, and educational institutions.
means the City is endorsing an event conducted by a community-based organization, and the City Manager has determined that the event meets all of the criteria set forth in Section 12.72.080.
means a gathering of persons, consisting of more than 50
individuals, in or on any facilities or private property where dancing
is participated in, either as the main purpose or incident to some
other purpose and to which the public is invited.
means any formation, procession or assembly of 100 or more
persons which, for the purpose of expressive activity, is:
includes a special event or a demonstration.
means any person who conducts, manages, promotes, organizes,
aids or solicits attendance at a commercial or non-commercial special
event.
includes conduct, the sole or principal object of which is
the expression, dissemination or communication by verbal, visual,
literary or auditory means of opinion, views or ideas and for which
no fee or donation is charged or required as a condition of participation
in or attendance at such activity. It includes, by way of illustration
and without limitation, public oratory, speeches, distribution of
literature, protests, demonstrations, rallies, marches, and assemblies.
means any City-owned or operated property or property interest.
means goods, wares, personal property, merchandise or any
other similar items that are generally sold.
means the sum of all revenues received by an event organizer
for a special event, including, but not limited to, cash receipts,
licensing, sponsorships, television, advertising and similar revenues,
and concessions.
means a way or place of any nature, publicly maintained and
open to the use of the public for purposes of vehicular travel. Highway
includes street.
means the sponsoring organization that has overall authority
of the special event venue.
means any special event organized and conducted by a person
representing an organization that qualifies as a tax-exempt, nonprofit
organization.
means any property other than that which the City owns or
operates or has property interest.
means any individual, group, or organization that does not
qualify as a government entity.
means the use of City employee time required for safe operation
of an event.
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, markings or other delineation for pedestrian
travel.
means any sign, pennant, flag, banner, inflatable display,
or other attention-seeking device.
means:
Use of any City park, building, street or other facility or
private property when an organized activity is conducted, to which
the public is invited or admitted, with a common purpose and under
the direction or control of a person, and any one or more of the following
factors exist:
A fee is charged or money is collected;
Alcohol and/or food will be sold;
A City facility will be closed to general use by the public
or use by the general public will be denied in part or in whole;
The location will be used beyond its normal capacity or typical
range of uses;
The proposed use is likely to infringe on other users' activities
at that location;
The activity on a street or other public place is impacted in
a manner which disrupts the normal or usual traffic patterns, regulations
or controls;
The City Manager reasonably determines that the event will result
in substantial impact on City resources, facilities or public safety
services in response thereto.
Examples of special events include, by way of illustration and
without limitation, concerts, dances, assemblages, processions, parades,
marching band reviews, circuses, fairs, festivals, block parties,
community events, mass participation sports (such as, marathons and
running events, bicycle races or tours, sports tournaments), spectator
sports or other organized activity conducted for a common or collective
use.
Special events do not include normal City sponsored programs
or activities or regular sporting events or tournaments held inside
a building or at a facility intended for that purpose.
means a permit issued pursuant to this chapter.
means a committee that reviews requests for appeal of decisions
made by the City Manager or designee and makes a ruling based on the
application of this section and City policies. Members of the Legislative
and Environmental Council Committee will serve as the Special Event
Appeal Committee.
means that area for which a special event permit has been
issued.
means a fee that is paid when a special event application
is submitted between 30 to 44 days prior to the scheduled event date.
This fee is listed in the City's current Fee Schedule.
means a way or place of any nature, publicly maintained and
open to use of the public for purposes of vehicular travel. Street
includes highway, alley, and other public ways.
means an organization that:
Is exempted from payment of income taxes by Federal or State
law;
Has been in existence for a minimum of six months preceding
the date of application for a special event permit as evidenced by
the receipt or confirmation of such status from the Federal or State
government;
Maintains an office within the City limits of the City or provides
services directly to the residents of the City; and
Plays a major role in event production and/ or receives not
less than 80 percent of the event profit.
means any person who sells or offers to sell, any goods,
food, or beverages within a special event venue.
(Prior code 5-612; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
The City Manager is authorized to administer and enforce the
provisions of this chapter. The City Manager and/or designee(s) may
exercise any enforcement powers of the City.
(Prior code 5-613; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
The City Manager may delegate any or all of his or her functions
under this chapter to designated Deputy City Managers and/or subordinates.
(Prior code 5-614; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
Except as provided under Section 12.72.070(A), it is unlawful for any person to conduct, promote, manage, aid, or solicit attendance at a special event, without first obtaining a special event permit from the City Manager or designee.
B.
The
City Manager is authorized to issue permits for special events occurring
within the City limits of the City pursuant to this chapter. The City
Manager is authorized to determine the special event venue. The City
Manager shall set reasonable boundaries for the special event venue,
balancing the special event requirements and public health, safety,
and welfare. The City Manager should, when feasible and practical,
limit the boundaries of the special event venue to the minimum area
needed for the event so that the rest of the facility can be kept
open for use by the general public. The City Manager is authorized
to coordinate the issuance of a special event permit with other public
agencies under whose jurisdiction or property the event or portion
thereof occurs.
(Prior code 5-615; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
The
following activities are exempt from the special event permit requirement:
1.
Activities
sponsored and conducted entirely by the City;
2.
Activities
conducted pursuant to a City Council approved contract between the
City and the event organizer;
3.
Activities
conducted pursuant to the facilities management agreement between
the City and any facility manager;
4.
Activities
conducted by a governmental agency acting within the scope of its
authority;
5.
Activities
conducted at private facilities which have a use permit that allows
such activities;
6.
Funeral
processions by a licensed mortuary;
7.
Lawful
picketing on sidewalks;
8.
Demonstrations
of 100 people or less that do not involve the use of vehicles, animals,
fireworks, pyrotechnics or equipment, including sound equipment, and
comply with traffic and noise laws, provided that:
9.
Spontaneous
events for the purpose of expressive activity that occur in response
to breaking news that has occurred less than 72 hours prior to the
event.
(Prior code 5-616; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
Any
community-based organization may request, in writing, that the City
co-sponsor up to two of their events per year. The events must meet
the following criteria:
1.
The
event must be free and open to the public. This means no admission
fee can be charged and no monetary donations can be requested from
the public or participants.
2.
No
alcohol can be served at the event.
3.
The
event must have a cultural, social or educational benefit to the community.
4.
The
event cannot be religious or political in nature or seek to support
or oppose any religious or political viewpoint.
5.
The
event must be held at a City-managed facility.
6.
The
organization must follow all of the normal procedures for applying
for a special event permit.
B.
If
the City Manager determines that the event meets all of the above
criteria, the rent for the event facility shall be reduced.
(Prior code 5-617; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
Issuance
of a special event permit pursuant to this chapter does not obligate
or require the City Manager to provide City services, equipment or
personnel in support of an event.
B.
The
City Manager may provide City services, equipment, or personnel for
special events. If City services, equipment, or personnel are provided,
as a condition of the permit, the event organizer shall provide the
City with cost recovery or revenue sharing, or both, unless the event
is an expressive activity event.
(Prior code 5-618; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
Priority shall be given for issuance of a special events permit
in the following priority order:
A.
Annual
events approved by the City wherein the applicant provides 10 months
notice and submits a completed application within six months of the
event.
B.
On
a first-come, first-serve basis when the applicant has a completed
application with appropriate fees paid as determined by the schedule
of fees.
(Prior code 5-619; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
For
special events at the Stockton Civic Memorial Auditorium, Weber Point
Events Center, downtown plazas, and/or any other City park or facility,
and on private property when required by Title 16, an application
for a special event permit shall be filed with the City Event Manager
not less than 45 calendar days, nor more than one year, prior to the
date(s) when the special event is proposed to be conducted. Applications
can be submitted 30 to 44 calendar days prior to the special event,
but the applicant will be required to remit to the City the special
events permit late fee according to the City's most current Fee Schedule.
Applications will not be accepted for special events within 29 days
of the event date.
B.
Any
individual or organization organizing a demonstration shall submit
a special event checklist to the City's Event Manager not less than
72 hours before the time when the individual or organization proposes
to conduct the demonstration.
(Prior code 5-620; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
An application for a special event permit is deemed complete when the applicant has provided all of the information required in Section 12.72.130, and has paid all the required fees set by City Council resolution. The applicant shall be notified in writing when the application is deemed complete.
(Prior code 5-621; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
The application for a special event permit shall include all
the following that is applicable to the event:
A.
The
name, address, telephone number and date of birth of the applicant;
B.
A certification
that the applicant will be financially responsible for any City fees
(see schedule of fees adopted by City Council resolution) or costs
that may be imposed for the event;
C.
The
name, address, telephone number and date of birth of the event organizer,
if any, and the chief officer of the event organizer, if any;
D.
The
name, address, telephone number and date of birth and any other form
of identity requested of any authorized agent of the event organizer,
if any;
E.
If
the special event is designed to be held by, on behalf of, or for
any organization other than the applicant, the applicant for the special
event permit shall file a written communication from such organization:
F.
A copy
of the tax exemption letter with tax ID number issued for any applicant
claiming to be a tax-exempt nonprofit organization;
G.
A statement
of the purpose of the special event;
H.
A statement
of fees (entrance, participation, vendor fees, etc) to be charged
at the special event;
I.
The
proposed location for the special event;
J.
The
date(s) and times when the special event is to be conducted;
K.
The
approximate times when assembly for, and disbanding of, the special
event is to take place;
L.
The
proposed locations of the assembly or production area;
M.
The
specific proposed site or route, including a map and written narrative
of the route;
N.
The
proposed site of any reviewing stands and disbanding area;
O.
Proposed
alternate routes, sites or times, where applicable;
P.
The
approximate number of persons, animals and/or vehicles that will constitute
the special event;
Q.
The
kinds of animals anticipated to be part of the special event;
R.
A description
of the types of vehicles to be used in the special event;
S.
The
number of bands or other musical units and the nature of any equipment
to be used to produce sounds or noise;
T.
The
number of vendors, suppliers and entertainers and the nature of goods
to be provided or sold including, but not limited to, the type of
food and drink;
U.
The
number and location of portable sanitation facilities and a Recycling
Plan and Waste Management Plan;
V.
Other
equipment or services necessary to conduct the event with due regard
for participant and public health and safety;
W.
The
estimated number of persons proposed or required to monitor or facilitate
the special event and provide spectator or participant control and
direction for events using City streets, sidewalks, or facilities
(the exact number will be determined by the Chief of Police or designee);
X.
Provisions
for first aid or emergency medical services (the exact services will
be determined by the Fire Chief or designee based on event risk factors);
Y.
Insurance
and/or surety bond information; and
Z.
Any
special or unusual requirements that may be imposed or created by
virtue of the nature or operation of the proposed event activity.
(Prior code 5-622; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A special event permit may contain the following information
or conditions:
A.
The
location of the special event venue identified by a map attached to
the special event permit;
B.
The
dates, assembly area, times for assembly, starting and ending time
of the special event;
C.
The
specific route plan to the special event;
D.
The
minimum and maximum speeds of the special event;
E.
The
number and types of persons, animals and/or vehicles, the number of
bands, other musical units and equipment capable of producing sound,
if any, and limitations thereon pertaining to noise abatement;
F.
The
maximum interval of space to be maintained between booths or other
structures to be used for the special event;
G.
The
portion of the street and sidewalk that is to be occupied by the event
and the location of reviewing or audience stands, if any;
H.
The
number and location of traffic controllers, monitors, other support
personnel and equipment and barricades to be furnished by the special
event organizer;
I.
The
area and time for disbanding;
J.
Conditions
or restrictions on the use of alcoholic beverages and authorization
for and conditions of the exclusive control or regulation of vendors
and related sales activity by the event organizer during the special
event. Proof of full liquor liability insurance and an ABC license
to dispense alcohol must be provided if alcohol is sold;
K.
Provisions
for any required emergency medical or rescue services. Any person
or agency providing such service will be approved by the Fire Chief
or designee;
L.
Such
other information and conditions as are reasonably necessary for the
conduct of the special event and the enforcement of this chapter,
including the requirement for the on-site presence of the event organizer
or its designated representative for all event coordination and management
purposes;
M.
As
a condition of the issuance of a special event permit, the applicant
shall be required to make adequate provisions for cleaning up the
area or route of the event both during and upon completion of the
event and to return the area or route to the same condition of material
preservation and cleanliness as existed prior to the event, and to
pay for the cost to repair any damages caused by the event.
(Prior code 5-623; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
Once
an application has been approved, an amendment shall be filed at least
30 calendar days prior to the event if any of the conditions have
changed, including, but not limited to:
1.
Number
of attendees;
2.
Admission
charged vs. free event;
3.
Alcohol
vs. non-alcohol event;
4.
Loss
of insurance coverage;
5.
Addition
of live music or dance; and
6.
Addition
of animals, livestock, fireworks, water or air activities or other
uses that would significantly change the permit conditions.
B.
All
changes in conditions necessitating the amendment will be accompanied
by appropriate certificates, licenses and fees.
C.
The
City Manager has the discretion to revoke the permit due to changed
conditions.
(Prior code 5-624; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
The
City Manager shall issue a special event permit, when all of the conditions
listed in this section are met. No event is confirmed or approved
until all requirements are met and the City Manager signs the permit.
The City Manager may exempt certain requirements based on any or all
the following mitigating factors:
1.
The
event will not substantially interrupt public transportation or other
vehicular and pedestrian traffic in the area of its route;
2.
The
event will not substantially interrupt the safe and orderly movement
of aerial or marine navigation;
3.
The
event will not cause any unresolvable conflict with construction or
development in the public right-of-way or at a public facility;
4.
The
event will not block traffic lanes or close streets during peak commuter
hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to
6:00 p.m. without approval from the Public Works Director and/or the
Police Department;
5.
The
event will not require a great number of police employees to be diverted
from their normal duties which would significantly impact the Police
Department's ability to respond appropriately to police related calls
throughout the remainder of the community;
6.
The
concentration of persons, animals or vehicles will not unduly interfere
with the movement of police, fire, ambulance, and other emergency
vehicles on the streets;
7.
The
event will move from its assembly location to its disbanding location
expeditiously and without stopping en route;
8.
The
event will not substantially interfere with any other special event
or demonstration for which a permit has already been issued or with
the provision of City services in support of other scheduled events
or unscheduled governmental functions;
9.
The
event will not have any unmitigatable adverse impacts upon residential
or business access and traffic circulation in the same general venue.
B.
To
make the determination under this section, the City Manager shall
consider pedestrian and traffic circulation, traffic volume and population
density.
(Prior code 5-625; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
Except
as provided in subsections below, the City Manager shall take final
action upon a completed application for a special event permit within
15 calendar days.
B.
The
City Manager is not required to take final action upon any special
event permit application prior to 10 months before the event.
C.
The
City Manager is not required to take final action on an incomplete
or untimely special event permit application.
D.
Final
action on a completed special event permit application shall consist
of one of the following:
1.
Issuance
of a special event permit in accordance with the terms of the application;
or
2.
Issuance
of a special event permit in accordance with the terms of the application,
as modified by mutual agreement between the City Manager and the applicant;
or
3.
Denial
of the special event permit application by the City Manager.
E.
Notwithstanding
the City Manager's acceptance of a completed application, no date
shall be considered confirmed until a special event permit is actually
issued.
1.
Notification
of approval of the special event permit is made by the City's Event
Manager or designee to the applicant by sending a copy of the permit
to the applicant within 20 calendar days of completion of the application.
2.
Reservations
for events on City property or in public rights-of-way are considered
confirmed upon receipt of the special event permit.
(Prior code 5-626; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
The
City Manager shall deny a special event permit to an applicant who
has not:
1.
Provided for the services of a sufficient number of personnel authorized to direct traffic who are trained, certified and appointed pursuant to Section 10.04.080 and other relevant sections; or
2.
Provided
sufficient monitors or security guards and/or specialized "event staff"
for crowd control and safety; or
3.
Provided
sufficient safety, health or sanitation equipment, services or facilities
that are reasonably necessary to ensure that the event will be conducted
with due regard for public health and the safety of participants and/or
attendees; or
4.
Provided
sufficient off-site parking or shuttle service, or both, when required
to minimize any substantial adverse impacts on general parking and
traffic circulation in the vicinity of the event; or
5.
Provided
adequate proof of insurance covering the event; or
6.
Completed
all requirements determined by the City at least 20 calendar days
prior to the event. The list of requirements will be provided by the
City to the applicant once the application has been reviewed. These
requirements may include, but are not limited to: insurance certificates,
list of vendors participating in event, site map, etc.
B.
The
City Manager shall deny a special event permit if in the City Manager's
opinion:
1.
The
event will create a high probability of violent disorderly conduct
likely to endanger public safety or to result in significant property
damage; or unreasonably disrupt the surrounding uses and/or inhabitants;
2.
The
event will violate public health or safety laws;
3.
The
event fails to conform to the requirements of law or duly established
Council policy;
4.
The
applicant demonstrates an inability or unwillingness to conduct an
event pursuant to the terms and conditions of this chapter;
5.
The
applicant makes materially false statements or omits relevant information
in his or her application;
6.
The
applicant has failed to conduct a previously authorized or exempted
special event in accordance with the law or the terms of a permit,
or both;
7.
The
applicant has not obtained the approval of any other public agency
within whose jurisdiction the special event or portion thereof will
occur; or
8.
The
applicant has failed to provide an adequate first aid or emergency
medical services plan based on event risk factors.
C.
The
City Manager shall deny a special event permit to an applicant who
has failed to comply with any term of this chapter, or with any condition
of a special event permit previously issued to the applicant.
(Prior code 5-627; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
If the City Manager denies the application for the special event permit pursuant to Section 12.72.180, the City Manager shall notify the applicant in writing, by U.S. mail, courier, e-mail or fax.
B.
The
denial of a special event permit may be appealed to the Special Event
Appeal Committee. The applicant may appeal the denial of a special
event permit. The applicant may not appeal a condition set forth within
a permit that is required by the City, unless the special event permit
is denied.
C.
An
appeal shall be made in writing within five calendar days of the date
of the written denial by filing a letter with the City Clerk setting
forth the grounds for appeal and paying the appeal fee set by City
Council resolution.
D.
The
Special Event Appeal Committee shall hear the appeal within 10 calendar
days of the filing of the appeal. A majority vote is required to overturn
the City Manager's denial. The applicant must submit supporting documentation
to justify its request to overturn the City Manager's decision. If
the Special Event Appeal Committee grants the appeal of the special
event permit denial, supporting justification in accordance with this
chapter must be established at the hearing by the committee members,
and shall become incorporated into their special event permit.
E.
The
decision of the Special Event Appeal Committee to grant or deny the
appeal shall be final and shall constitute the exhaustion of the applicant's
administrative remedy.
F.
For
events involving expressive activity the appeal procedure above shall
be replaced with the expedited judicial review found in California
Code of Civil Procedure Section 1094.8.
(Prior code 5-628; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A copy of the special event permit shall be displayed in the
special event venue in the method prescribed by the City Manager applicable
to the particular event and shall be exhibited upon demand of any
City official.
(Prior code 5-629; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
The
event organizer of a special event must provide and obtain comprehensive
general liability insurance in the amount deemed appropriate by the
Risk Manager to protect the City against loss from liability imposed
by law for damages on account of bodily injury and/or property damage
arising from any aspect of the event. Such insurance shall name the
City, its officers, employees, and agents and, as required, any other
public entity involved in the event, as additional insured on a separate
endorsement maintained for the duration of the event. Notice of limitation,
reduction or cancellation of insurance coverage shall be provided
immediately to the City by the carrier and the event organizer.
B.
The insurance required by subsection A of this section shall encompass all liability insurance requirements imposed for other permits required under other sections of this code and is to be provided for the benefit of the City and not as a duty, express or implied, to provide insurance protection for spectators or participants.
C.
The
event organizer's current effective insurance information submitted
by means of a certificate of insurance, along with necessary endorsements,
shall be filed with the Risk Services Office at least 45 calendar
days before the event, or purchased through Risk Services, or the
application for the event will be deemed incomplete.
D.
The
event organizer shall maintain a current certificate of insurance
and required additional insurance endorsement(s) for all vendors,
suppliers, and entertainers The event organizer shall file with the
City's Event Manager's Office at least 45 days before the event, or
purchased through the City's Event Manager, or vendors, suppliers,
and entertainers will not be able to participate at the event.
E.
The
City will accept a "blanket event" insurance policy acquired by the
event's promoter and covering all vendors, suppliers and entertainers
which shall be indicated on the certificate of insurance under the
"description of operations" and approved by the Risk Services Office
at least 45 days before the event. When this blanket policy is filed
the individual endorsements for the City from each vendor shall not
be required to be filed with the Risk Services Office.
F.
Insurance
shall not be required for expressive activity events.
(Prior code 5-630; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
The insurance requirements of Section 12.72.210 may be reduced by the City Attorney or Risk Manager, except for special events where attendance will exceed 500 participants, food/beverage will be served or sold, alcohol will be served or sold, stage/sound/lighting will be used, bands or DJs will be present and fireworks will be used or for street closures issued in conjunction with a special event. In making the determination of whether to reduce insurance, the City Attorney or Risk Manager shall consider the degree of risk and/or exposure to the City as well as the factors provided in subsections (A)(1) through (6) of this section:
1.
Whether
the special event is an expressive activity protected by the First
Amendment;
2.
Whether
the applicant or an officer of the sponsoring organization of a nonathletic
event has filed a verified statement that he or she believes the event's
purpose is solely First Amendment expression;
3.
Whether
the applicant or officer of the sponsoring organization has determined
and provides verification that the cost of obtaining insurance is
financially burdensome and would constitute an unreasonable burden
on the right of First Amendment expression;
4.
Whether
it is objectively impossible to obtain insurance coverage;
5.
Whether
the event will involve the use of equipment (other than stage/sound/lighting
equipment), vehicles, animals, fireworks or pyrotechnics; or
6.
Whether
a fee or donation is charged or required as a condition of admission
or participation in the event.
B.
The statement required by subsection (A)(3) of this section, shall include the name and address of at least one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.
C.
To claim that insurance coverage is objectively impossible to obtain pursuant to subsection (A)(4) of this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.
D.
Even
in the event that insurance is reduced, the City Attorney or Risk
Manager shall require the event organizer of a special event to defend,
indemnify and hold the City harmless from any claim or liability arising
from the intentional or negligent acts or omissions of the event organizer.
(Prior code 5-631; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2020-06-23-1103 C.S. § 2)
A.
Any
special event permit issued pursuant to this chapter is subject to
revocation pursuant to this section.
B.
A special
event permit may be revoked if the City Manager determines that:
1.
The
event cannot be conducted without violating the standards or conditions
for special event permit issuance; or
2.
The
event is being conducted in violation of any condition of the special
event permit; or
3.
The
event poses a threat to health or safety; or
4.
The
event organizer or any person associated with the event has failed
to obtain any other permit required pursuant to this code; or
5.
The
special event permit was issued in error or contrary to law; or
6.
False
or misleading statements were made on the application; or
7.
The
event organizer fails to provide adequate proof of insurance covering
the event.
C.
Except as provided in subsection D of this section, notice of revocation shall be in writing and shall specifically set forth the reasons for the revocation.
D.
If
there is an emergency requiring immediate revocation of a special
event permit, the City Manager, or designee, may notify the permit
holder verbally of the revocation.
(Prior code 5-632; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
For
any special event (except spontaneous events for the purpose of expressive
activity), the City Manager shall charge for the actual cost of:
1.
The
salaries of City personnel involved in permit processing, public safety,
event traffic control, fire safety or other facility or event support;
and
2.
The
use of City equipment and other nonpersonnel expenses.
3.
A
$250.00 cleaning deposit. The deposit will be returned if the venue
site is left as found.
B.
The City Manager shall require payment of costs required pursuant to subsection A of this section, at the time the completed application is approved.
C.
If the event organizer/host organization fails to comply with Section 12.72.140(M), or any condition referring to the same subject matter, the event organizer/host organization will be billed for actual City costs for clean-up and repair of the area or route occasioned by the event. If the event organizer/host organization fails to comply with Section 12.72.140(M), under a previously issued special event permit, the City Manager may require the event organizer/host organization to deposit adequate surety in the form of cash or bond to assure performance of said requirement and/or condition.
(Prior code 5-633; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A tax-exempt, nonprofit organization who is the host organization
sponsoring an event may acknowledge the receipt of cash or in-kind
services or goods, donations, prizes or other consideration from for-profit
organizations without causing the event to be considered a commercial
special event. Such acknowledgment may include use of the name, trademark,
service mark or logo of such a for-profit organization in the name
or title of the event or the prominent appearance of the same in advertising
or on collateral material associated with the event.
(Prior code 5-634; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
Unless
otherwise specified by a duly approved rate resolution or other formal
action of the City Council, an event organizer/host organization of
special events shall pay the City a negotiated percentage of gross
revenues, a flat fee, or a combination of percentage of gross revenues
and a flat fee.
(Prior code 5-635; Ord.
007-07 C.S. § 2; Ord.
004-10 C.S. § 1, eff. 3-4-10; Ord. 2020-06-23-1103 C.S. § 2)
A.
An
event organizer/host organization of a commercial special event, where
revenue sharing occurs pursuant to agreement between the event organizer/host
organization and the City, shall make payment and provide a final
financial statement to the City Manager no later than 30 calendar
days after the event. This is required for a determination of fees
and revenues to be paid to the City where a negotiated percentage
of gross revenues, a combination of percentage of gross revenues and
a flat fee, or any other revenue sharing agreement the City Manager
deems to be in the best interest of the City.
B.
Upon
the request of the City Manager, an event organizer/host organization
of a noncommercial special event, located on City property, shall
provide a final financial statement no later than 30 calendar days
after the request.
C.
The
City Manager is authorized to make determinations as to the commercial
status of an event and, with the advice and assistance of the City
Auditor, to promulgate additional standards and procedures for cost
accounting to implement this section.
D.
At
any time during normal business hours, and as often as the City Manager
or City Auditor deems necessary, all data and records pertaining to
the event shall be made available to the City for examination at reasonable
locations within the City. The City shall be allowed to audit, examine,
and make excerpts or transcripts from the records. The records shall
be retained for a period of not less than three years following the
event unless the City agrees to an earlier disposition.
(Prior code 5-636; Ord.
007-07 C.S. § 2; Ord.
2015-08-04-1201 C.S. § 2; Ord. 2020-06-23-1103 C.S. § 2)
A.
The
issuance of a special event permit confers upon the permit holder
or event organizer/host organization the right to control and regulate
the sale of goods, food and beverages within the special event venue
in accordance with the terms and conditions of the special event permit.
B.
Vendors
authorized to sell goods, food, or beverages in the special event
venue shall display their authorization in the manner required by
the City Manager. Only vendors displaying the required authorization
shall be allowed to sell goods, food, or beverages in the special
event venue.
(Prior code 5-637; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
Security
vendors and/or specialized "event staff" must be an approved security
provider. All City venue sites must use a list authorized by the City
Manager's office.
B.
Private
events that may impact City services will be required to use security
from the City approved security list, the number of security or event
staff shall be determined by the Chief of Police or designee.
(Prior code 5-638; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
It is unlawful to conduct, promote or manage any special event
without a duly issued special event permit as required pursuant to
this chapter.
(Prior code 5-640; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
The
issuance of a special event permit does not relieve any person from
the obligation to obtain any other permit or license required pursuant
to this code or by any other public entity with jurisdiction over
the event.
B.
The
issuance of any other permit or license issued pursuant to this code
does not relieve any person from the obligation to obtain a special
event permit pursuant to this chapter.
(Prior code 5-641; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
It is unlawful for any person to sell, resell, offer to sell,
furnish, provide any goods, food or beverages in a special event venue,
except:
A.
From
any building; or
B.
From
any tent, booth or temporary structure expressly authorized pursuant
to a special event permit; or
C.
As
authorized pursuant to a conditional use permit pursuant to Title
16 of this code.
(Prior code 5-642; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
It is unlawful for any person to sell for profit, or offer to
sell for profit, any ticket of admission to a special event or merchandise,
including, but not limited to, food and beverages within 300 feet
of the special event venue, except those pre-approved by the City
Manager.
(Prior code 5-643; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
It
is unlawful for any person to place, post, paint, erect, display,
secure, or maintain any sign or advertising in violation of those
provisions of this code, regulating signs and advertising displays.
B.
It
is unlawful for any person to distribute handbills, leaflets, flyers,
or any other forms of advertisement unless express authorization is
given by the event organizer/host organization.
(Prior code 5-644; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
It is unlawful for any event organizer/host organization to
use in the title of an event the words "The City of Stockton," "City
of Stockton," "Stockton, All America City" or a facsimile of the seal
of the City or the City's logo without the City's written authorization.
Prior authorization from the City Manager is required for any event
organizer to use the words "The City of Stockton," "City of Stockton,"
or "Stockton, All America City" in the name of a special event. Additionally,
use of the City Seal or a facsimile of the seal of the City requires
approval from the City Clerk. Permission will only be granted when
the City co-sponsors the event. Use of the City logo and guidelines
for graphic standards shall be obtained from the City Public Information
Officer.
(Prior code 5-645; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
It is unlawful for any person to obstruct, impede or interfere
with any authorized assembly, person, vehicle or animal participating
in a demonstration or an event for which a special event permit has
been issued.
(Prior code 5-646; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
Whenever a commercial or noncommercial special event is conducted
without a special event permit when one is required, or an event is
conducted in violation of the terms of an issued special event permit,
the event organizer/host organization shall be responsible for all
City costs incurred. The City Manager shall charge and bill the event
organizer/host organization for personnel and equipment in any public
safety response caused by or necessitated by the adverse impacts of
the event, or the violation of the special event permit upon public
safety.
(Prior code 5-647; Ord.
007-07 C.S. § 2; Ord.
2020-06-23-1103 C.S. § 2)
A.
Cannabis
Temporary Events are allowed at the Stockton Municipal Civic Auditorium,
Weber Point Event Center, and the County of San Joaquin Fairgrounds.
B.
All cannabis temporary event promoters must comply with Ch. 12.72 Special Events, obtain a state cannabis temporary events permit for each event and must have an active Cannabis Temporary Events License issued by the State of California, Bureau of Cannabis Control.
C.
All sections of Chapter 12.72 apply to cannabis temporary events, unless it contradicts with the State of California, Bureau of Cannabis Control regulations, in which case the State regulations control.
D.
Event
organizers must comply with all State of California, Bureau of Cannabis
Control regulations applicable to such events.
E.
Event
organizers must pay all applicable fees in the City's Fee Schedule.
(Ord. 2020-06-23-1103 C.S. § 2)
