Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.18 SPECIAL EVENTS*
5.18.010 Definitions.
5.18.020 Permit required.
5.18.030 Sponsor required.
5.18.040 Duties of sponsor of sponsoring group prior to receiving a permit.
5.18.050 Duties of sponsor or sponsoring group during event.
5.18.060 Permit fees.
5.18.070 Annual and vendor permit requirements.
5.18.080 Permit--Application--Contents.
5.18.090 Parking areas.
5.18.100 Permit disapproval.
5.18.110 Permit--Revocation.
5.18.120 Security.
5.18.130 Cost of Kalama police department.
5.18.140 Deposit.
5.18.150 Liability insurance.
5.18.160 Other applicable laws.
5.18.200 Severability.
* Prior ordinance history: Ords. 988 and 1143.
5.18.010 Definitions.
As used in this chapter, the following terms are defined in this
section:
“Annual permit” means a permit which allows the
permittee to hold regular, identical events throughout the calendar
year.
“Special event” means any dance, festival or event
involving city property and/or city street(s) where the number of persons
expected to attend exceeds one hundred fifty persons, or all events where city
streets or sidewalks will be blocked or modified, regardless of the number of
persons expected to attend, except as set forth below. A special event also
includes events on private property where the expected attendance exceeds five
hundred persons where Kalama public streets and parking are likely to be
affected. A special event may include any or all age groups or persons or any
combination thereof, as set forth in the permit to conduct such event.
A
“special event” does not include the following:
1. Any meeting
or gathering in a building intended for assembly occupancy where the number of
persons in attendance does not exceed the occupancy capacity of the
building;
2. Service group, school or church related fund raising efforts
which may have an incidental effect on city property, but where the persons in
attendance will be less than one hundred fifty persons. This exemption includes,
but is not limited to, bake sales, the sale of girl scout cookies and car
washes.
“Sponsor or sponsoring group” means any one or more of
the following:
1. An individual;
2. Governmental agencies, entities or
political subdivisions;
3. Clubs, fraternal orders, societies or groups
which are profit or nonprofit corporations or associations under the laws of
Washington State.
“Teenage dance” means a dance or musical event
to which a person under twenty-one years of age is admitted, with or without
payment of a monetary fee or other form of admission charge; provided, that
attendance is restricted to persons who are at least thirteen years of age, but
not more than twenty years of age (except with the approval of the sponsor) or
who are currently enrolled in an accredited secondary school. This does not
include school or church sponsored teenage dances.
“Vendor”
means any person, persons, business or entity selling goods or services to the
general public from a rented booth or area or as part of a special event
activity. (Ord. 1162 § 1 (part), 2005).
5.18.020 Permit required.
No person, firm, corporation, club, organization or association shall
conduct, hold, or sponsor any special event involving city property and/or city
street(s) without a permit being issued and approved by the city and payment of
the permit fee received by the city clerk-treasurer. Prior to approval by the
city, the permit application shall be circulated for comment to the
clerk-treasurer, public works director, chief of police, and fire chief. Any
sponsoring group aggrieved by the denial of a special events permit may appeal
to the city council at its next regularly scheduled meeting. (Ord. 1162 § 1
(part), 2005).
5.18.030 Sponsor required.
No permit to conduct, hold or sponsor any special event involving any city
property and/or city street(s) shall be issued except to a sponsor or sponsoring
group. (Ord. 1162 § 1 (part), 2005).
5.18.040 Duties of sponsor of sponsoring group prior to receiving a permit.
Any sponsor or sponsoring group shall make provisions for the following if
applicable:
A. Event parking;
B. Event litter;
C. Event sanitary
facilities;
D. Event communications;
E. Event security;
F. Road
restrictions;
1. Normal area traffic independent of event,
2. Emergency
vehicle traffic,
3. Event traffic;
G. Medical, minimum first
aid;
H. Fire;
I. Event age restriction;
J. Ramping of
sidewalks;
K. Liquor permit.
(Ord. 1162 § 1 (part), 2005).
5.18.050 Duties of sponsor or sponsoring group during event.
Any sponsor or sponsoring group to whom a permit has been issued to
conduct, hold or sponsor an event shall be responsible for the following during
the event:
A. The orderly conduct of all persons attending the
event;
B. The admission to the event of only those persons within the age
limits that the permit allows;
C. The removal from the event of persons who
are disorderly, or create disturbances;
D. The enforcement of all provisions
of this chapter under which the permit was issued;
E. The acquisition,
placement and removal of all temporary sanitation facilities;
F. The
placement and removal of all temporary traffic control devices;
G. The
placement and removal of all temporary litter containers;
H. No event
sponsor shall obstruct a city street beyond five feet from the center line of
the city street. (Ord. 1162 § 1 (part), 2005).
5.18.060 Permit fees.
Permit fees for the permits required under Section 5.18.020 of this
chapter shall be as established by resolution of the city council. (Ord. 1162
§ 1 (part), 2005).
5.18.070 Annual and vendor permit requirements.
A. Annual Permit. A separate permit shall be required for each event
unless the sponsor or sponsoring group has received an annual permit. The holder
of an annual permit shall furnish to the city clerk-treasurer in writing the
date, time and location of each event involving city property or city street(s),
and all applicable provisions of Section 5.18.040 of this chapter. This
information shall be received by the city clerk-treasurer no less than fourteen
days before the date of the individual event.
B. A vendor permit covering
all participating vendors is required in addition to the special events permit
for any event that will include the setting up of booths, tables, or areas for
the purpose of selling goods and services by persons or businesses not licensed
by the city of Kalama. Under this provision individual vendors at a special
event will not be required to obtain a regular city business license as required
under KMC Chapter 5.04. (Ord. 1162 § 1 (part), 2005).
5.18.080 Permit--Application--Contents.
A. The application for a permit under this chapter shall be filed with the
city clerk-treasurer, who shall forward copies of the application to each of the
individual city department supervisors. The individual city department
supervisors shall review their copy of the permit with respect to the function
of their department, and shall in writing on their copy indicate their review,
including:
1. Established city requirements for the type of
event;
2. Established city requirements for the issues specified in Section
5.18.040 of this chapter;
3. What, if any, issues of Section 5.18.040 of
this chapter their department will/can provide and/or assist with.
B. All
applications shall be made in writing and signed by the sponsor or a member of
the sponsoring group who is at least twenty-one years of age.
C. All
applications shall be filed at least fourteen days prior to the date upon which
a proposed event is to be held and shall set forth the following:
1. Names
addresses and phone numbers of applicant or applicant’s
officers;
2. The time and date the event is to be held on;
3. The
address or location of the place where the event will be held;
4. The
approximate number of persons attending the event;
5. Certification that the
place or premises conforms with safety regulations of the Kalama building and
fire codes;
6. The type of event;
7. Whether temporary sanitation
facilities will be needed;
8. Whether additional temporary litter
receptacles are necessary;
9. A proposed street closure plan;
and
10. Such other information needed to evaluate the required provisions of
the issues listed in Section 5.18.040 of this chapter.
C. If a vendor permit
is required the sponsor will need to provide the following information for all
vendors participating in the event prior to the first day of the
event:
1. Vendor name;
2. Business name;
3. Mailing
address;
4. Home and business telephone numbers;
5. State Registration
No. (UBI#).
(Ord. 1162 § 1 (part), 2005).
5.18.090 Parking areas.
When applicable, the application for a permit shall be accompanied by a
drawing showing proposed parking facilities. All applicants shall obtain written
parking permission from private property owners to be attached to the
application. (Ord. 1162 § 1 (part), 2005).
5.18.100 Permit disapproval.
If such application is disapproved, the city shall set forth in writing
the reasons for the disapproval and attach a written statement to the
application and forward a copy to the applicant. If disapproval of the
application is recommended by the city, the applicant may appeal the disapproval
to the city council at their next regular meeting. (Ord. 1162 § 1 (part),
2005).
5.18.110 Permit--Revocation.
A state certified law enforcement officer may revoke or suspend a permit
after it has been issued if he or she finds any of the following:
A. The
applicant for the permit or the permit holder has committed a violation of any
provision or regulations of this chapter;
B. Any conduct inconsistent with
the permit and/or any violation of law. (Ord. 1162 § 1 (part),
2005).
5.18.120 Security.
The applicant shall provide a plan for security. The applicant may use a
licensed and bonded private security company or request security from the Kalama
police department. (Ord. 1162 § 1 (part), 2005).
5.18.130 Cost of Kalama police department.
If an applicant seeks to use the Kalama police department for security,
the applicant shall, at the time the permit is granted, pay the regular officers
overtime rate times the number of expected hours the event will last, times the
number of officers needed for the event to cover the cost of any special duty or
deputy police officers. The payment shall be made to the clerk-treasurer at the
time the permit is granted. (Ord. 1162 § 1 (part), 2005).
5.18.140 Deposit.
A. No permit shall be granted unless the applicant has on deposit with the
city clerk-treasurer cash or surety bond, to save and protect the city from any
and all expense and/or damage arising from the operation of the
applicant’s event or caused by vehicles, employees, participants and/or
patrons of or at the event. The bond shall be used to: (1) pay all charges and
losses of the city for damage to the streets, sidewalks, pavements, bridges,
street signs and other city property; (2) pay all expenses incurred by the city
in restoring the land upon which the event is held to a safe and sanitary
condition; and (3) pay any extraordinary law enforcement costs incurred by the
city which result from or arise out of the operation of the event. The amount of
the bond shall be determined on the basis of the number of persons in attendance
or reasonably expected to be in attendance at any event, as follows:
|
300 to 1,000 persons
|
$ 300.00
|
|
1,001 to 2,500 persons
|
500.00
|
|
2,501 to 5,000 persons
|
1,000.00
|
B. The bond deposited shall be returned to the applicant, when the
city clerk-treasurer certifies that no charge for damage or loss may be made
against the deposit, or that the charge is less than the cash amount of the
deposit and the balance shall be returned.
C. A waiver of the deposit
requirement will be considered under the following conditions:
1. The event
has been held without incident or claims in the prior two consecutive
years;
2. The event is sponsored by a local Kalama organization (i.e.,
Amalaks, Kalama Chamber, Kalama Lions); and
3. The event sponsor signs a
statement of understanding that as sponsor they are liable for any and all
extraordinary expenditures incurred by the city arising from the operation of
the event that would have been covered by the deposit.
This waiver is for
the deposit only and all requirements for liability insurance must still be met.
(Ord. 1162 § 1 (part), 2005).
5.18.150 Liability insurance.
The applicant shall furnish evidence of a liability insurance policy
providing for a minimum of one hundred thousand dollars bodily injury coverage
per person; three hundred thousand dollars bodily injury coverage per
occurrence; one hundred thousand dollars property damage coverage; and naming
the city of Kalama as an additional insured. (Ord. 1162 § 1 (part),
2005).
5.18.160 Other applicable laws.
All event sponsors shall comply with all applicable state and federal laws
when holding a special event. (Ord. 1162 § 1 (part), 2005).
5.18.200 Severability.
If the provisions of this chapter or its application to any person or
circumstance is held invalid, the remainder of this chapter or the application
of the provision to other persons or circumstances is not affected. (Ord. 1162
§ 1 (part), 2005).
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