City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak 12-14-1992 by Ord. No. 92-24. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 188.
Public auctions — See Ch. 201.
Fireworks — See Ch. 345.
Liquor — See Ch. 430.
Parks and public recreational facilities — See Ch. 515.
Special event signs — See Ch. 607, Art. II.
This chapter shall be known and may be cited as the "Special Event Ordinance."
[Amended 3-20-2006 by Ord. No. 2006-02; 6-16-2008 by Ord. No. 2008-08]
For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the context that a different meaning is intended:
SPECIAL EVENT
Any event outside the normal course of business that has not received the approval of the City independent of this chapter and which can reasonably be expected to exceed the interior capacity of the building as set by the State Fire Safety Board and/or to block, close, or significantly hinder or impair the flow of vehicular or pedestrian traffic on any street, road, or other public right-of-way within the City of Royal Oak.
[Amended 6-18-2012 by Ord. No. 2012-06]
[Amended 4-19-2004 by Ord. No. 2004-12; 5-17-2010 by Ord. No. 2010-06]
A. 
It shall be unlawful for any person, organization, group or entity to stage or hold a special event without first obtaining a permit therefor from the Clerk of the City of Royal Oak.
B. 
No special event permit shall be issued for any use of a rooftop for any activity during, and for the two-week period immediately preceding, the Woodward Dream Cruise.
C. 
No special event permit, special (one-day) liquor license, transient merchant license or peddler’s license shall be issued for any activity other than activities produced and operated by Arts, Beats and Eats, Inc., during the Arts, Beats and Eats Festival in the following area: on the north, Catalpa Drive/Gardenia Avenue from Woodward Avenue to Alexander Avenue/Longfellow Avenue; on the east, Alexander Avenue/Longfellow Avenue from Gardenia Avenue to I-696; on the south, I-696 from Longfellow Avenue to Woodward Avenue; and on the west, Woodward Avenue from I-696 to Catalpa Drive. For purposes of this chapter, this area shall be known as, and may be referred to as, the "Festival Zone."
[Amended 5-5-1997 by Ord. No. 97-5]
A. 
Except as provided in § 312-5 for special event permits associated with the Woodward Dream Cruise, every applicant for a permit to stage or hold a special event shall file an application at least 30 days prior to the event with the City Clerk's office upon a form provided by the City of Royal Oak.
B. 
The applicant shall pay a nonrefundable application investigation fee. Such fee shall be set by a City Commission resolution and shall be renewed annually.
C. 
The application shall contain the following information:
(1) 
The name, address and telephone number of the person requesting the permit.
(2) 
A complete description of the event, the number of participants, and the estimated number of those expected to attend the event.
(3) 
The date the event is to be conducted and the hour or hours the event will commence and terminate, including time for set-up and clean-up.
(4) 
A proposed plan to provide necessary parking, security, crowd control, traffic control, sanitation facilities, noise control, and clean-up of the area of the event.
(5) 
Whether any music will be provided, either live or recorded, and whether loudspeakers and/or amplifying devices will be used.
(6) 
Whether the use of alcoholic beverages will be permitted on the premises upon which the event is to be conducted and, if so, what measures or procedures will be taken to prohibit the sale of alcohol to minors or to visibly intoxicated individuals.
(7) 
Evidence of insurance, including satisfactory proof that the applicant's insurance carrier has been apprised of the applicant's proposed use of alcoholic beverages (if any), naming the City as additional insured in an amount sufficient to protect the City from any and all claims for damages from personal injury, property damage or any other injury arising from or as a result of the activity or event. This provision may be waived at the discretion of the City Commission.
[Amended 3-20-2006 by Ord. No. 2006-02]
(8) 
The applicant may be required to indemnify the City for and hold it harmless from and defend it against any and all claims, lawsuits or other liability arising from or as a result of the activity or event.
(9) 
Any other information deemed pertinent by the City in evaluating the effect such events may have on the health, safety and welfare of the residents of the City of Royal Oak.
D. 
Upon receipt of such application, the City Clerk will refer same to the Chief of Police and any other City employees deemed necessary for investigation and a recommendation concerning the application. The findings resulting from such investigation shall be reported to the City Manager and the City Clerk.
[Amended 6-18-2012 by Ord. No. 2012-06]
[Added 5-5-1997 by Ord. No. 97-5]
A. 
In addition to any other provisions of this chapter, the following classes of permits are established for special event permits associated with the Woodward Dream Cruise:
(1) 
New sales permit: for outdoor on-premises sales by an existing licensed business of a type not normally carried on by that business.
(2) 
Outdoor sales permit: for outdoor on-premises sales by an existing licensed business of the type that is normally carried on inside of the business, not including the sale of alcohol.
(3) 
Outdoor sales with alcohol: for outdoor on-premises sales by an existing licensed business of the type that is normally carried on inside the business, including the sale of alcohol.
(4) 
Third-party permit: for a special event, either indoor or outdoor, conducted by any individual or entity on premises normally occupied by an existing licensed business, pursuant to any form of agreement with the existing licensed business.
B. 
Every applicant for a permit to stage or hold a special event associated with the Woodward Dream Cruise shall file an application at least 60 days prior to the event with the City Clerk’s Office on a form provided by the City. In addition to the nonrefundable application investigation fee described in § 312-4, an applicant who files an application less than 60 days prior to the event shall pay an additional nonrefundable late fee in an amount to be set by resolution of the City Commission. The applicant shall otherwise comply with the provisions of § 312-4.
[Amended 3-7-2011 by Ord. No. 2011-06]
[Added 5-17-2010 by Ord. No. 2010-06]
A. 
Approved outdoor service areas within the Festival Zone shall be allowed to continue to operate, but may not be increased or expanded during the Arts, Beats and Eats Festival.
B. 
Arts, Beats and Eats, Inc., is hereby granted the exclusive right to hang temporary banners recognizing Festival sponsors on any public property (with the prior approval of the City) and any private property (with the prior approval of the property owner) within the Festival footprint during, and for the one day immediately preceding, the Arts, Beats and Eats Festival. During those dates, an owner or lessee of private property within the Festival footprint may not hang any commercial signage related to any other entity other than its own business on its building, or in or on its storefront.
C. 
Every applicant for a permit to stage or hold a special event associated with the Arts, Beats and Eats Festival outside the Festival Zone shall file an application at least 60 days prior to the event with the City Clerk’s Office upon a form provided by the City of Royal Oak. The applicant will otherwise comply with the provisions of § 312-4 of this chapter.
[Amended 5-5-1997 by Ord. No. 97-5; 5-17-2010 by Ord. No. 2010-06; 6-18-2012 by Ord. No. 2012-06]
A. 
Special events where the uncompensated use of City services and/or direct financial support from the City is requested.
(1) 
A permit shall be authorized by the City Commission if the following criteria are met:
(a) 
The application was fully and accurately completed.
(b) 
Adequate provisions have been made for the protection of the health, safety and welfare of the community.
(c) 
The special event will not unreasonably affect the use or enjoyment of private or public property and will not cause unreasonable traffic hazards or delays.
(d) 
The special event will not constitute a public nuisance.
(e) 
The applicant makes payment to the City prior to the event of the costs anticipated to be incurred by the City in assigning personnel to the special event to assure the health, safety and welfare of the community, as determined by evaluating the information submitted in the application. In addition, said payment shall also include the cost incurred by the City in notifying area property owners, if such notification is determined necessary by the City Commission. The final billing will be adjusted to reflect the actual utilization of City personnel and equipment.
(f) 
The special event will not adversely impact or unreasonably affect the use or enjoyment of the private property in the vicinity of the event.
(2) 
In the case of an application for an event that is the same as or is substantially similar to an event that has previously received City Commission approval, a permit shall be authorized by the Chief of Police if the above criteria are met. Any applicant aggrieved by a decision of the Chief of Police not to authorize a permit shall have a right to a hearing before the City Commission, provided a written request for a hearing is filed with the City Manager within 10 days following receipt of the Chief's decision.
B. 
Special events where the uncompensated use of City services and/or direct financial support from the City is not requested.
(1) 
A permit shall be authorized by the Chief of Police if the following criteria are met:
(a) 
The application was fully and accurately completed.
(b) 
Adequate provisions have been made for the protection of the health, safety and welfare of the community.
(c) 
The special event will not unreasonably affect the use or enjoyment of private or public property and will not cause unreasonable traffic hazards or delays.
(d) 
The special event will not constitute a public nuisance.
(e) 
The applicant makes payment to the City prior to the event of the costs anticipated to be incurred by the City in assigning personnel to the special event to assure the health, safety and welfare of the community, as determined by evaluating the information submitted in the application. In addition, said payment shall also include the cost incurred by the City in notifying area property owners, if such notification is determined necessary by the Chief of Police. The final billing will be adjusted to reflect the actual utilization of City personnel and equipment.
(f) 
The special event will not adversely impact or unreasonably affect the use or enjoyment of the private property in the vicinity of the event.
(2) 
Appeal. Any applicant aggrieved by a decision of the Chief of Police not to authorize a permit shall have a right to a hearing before the City Commission, provided a written request for a hearing is filed with the City Manager within 10 days following receipt of the Chief's decision.
[Amended 5-5-1997 by Ord. No. 97-5; 5-17-2010 by Ord. No. 2010-6]
Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor upon conviction and shall be punished by the imposition of a fine not to exceed $500 and/or by imprisonment for a period not to exceed 90 days within the discretion of the court.