Berkeley Municipal Code Ch. 13.47 Advance Notice of Certain Large Indoor Events

A. From time to time, large indoor events in the City have resulted in civil disturbances of various degrees.

B. In many cases these have occurred because of inadequate planning by the sponsor and/or operator of the venue where the large indoor event occurs, such as:

1. Advertising too widely for an event taking place at a venue of limited capacity;

2. Inadequate or no security arrangements; and/or

3. Insufficient notice to the police department to allow it to be prepared for possible disturbances.

C. The purpose of this chapter is to protect the health and safety of persons who attend or wish to attend large indoor events, as well as nearby residents, property owners and the public from the risks that can sometimes be associated with such events. (Ord. 6650-NS § 1, 2001)

A. This chapter applies to all large events, as defined herein.

B. This chapter does not apply to any events that:

1. Take place in buildings or on property that are subject to the City’s Zoning Ordinance;

2. Are regulated pursuant to Chapter 13.46 or any other similar provision of this code;

3. Take place at a dwelling and are sponsored by a resident of that dwelling;

4. Take place entirely outside of buildings; or

5. Are open to the public for free, if such events are advertised and/or conducted in such a way as to avoid civil disturbances resulting from an inability to accommodate all persons who wish to attend.

C. "Large event" means any event that is open to the public and that draws, or can reasonably be expected to draw, over 500 persons, whether or not all prospective attendees are allowed or able to attend.

D. "Open to the public" means that any person may attend even if attendance requires the payment of a fee for admission. For purposes of this chapter, events that are limited to persons over the age of eighteen years are also "open to the public".

E. "Operator" means any person, corporation, association or other entity that operates a venue in the City where large events occur.

F. "Promoter" means any person, corporation, association or other entity that arranges or sponsors large events in the City.

G. The City Manager shall establish and maintain a list of operators and promoters that operate venues subject to this chapter. (Ord. 6650-NS § 1, 2001)

A. No later than the fifth day of every month, each promoter and operator shall notify the Chief of Police of all large events that that promoter or operator plans for the period between the fifteenth of that month and the fourteenth of the following month.

B. For any event which, for good cause, is not included in the list required by subdivision (A) of this section, the promoter and/or operator shall give notice of the event to the Chief of Police within one day of making arrangements for such event to take place at a specified location. In such cases, the Chief of Police shall advise the sponsor or promoter of the event of security required under this section, if any, as soon as possible after receiving notice.

C. Notification pursuant to this section shall include:

1. The location of the event;

2. The timing and duration of the event;

3. A description of the event, and any proposed rules for its conduct;

4. The name, address and telephone number of all persons who are or will be responsible for the promotion and conduct of the event, including effective means by which to reach them during the event, such as cell phone and pager numbers and likely location during the event;

5. The extent of advertising for the event;

6. The expected number of prospective attendees;

7. The posted capacity of the building where the event is to take place; and

8. Any security arrangements that have been made for the event.

D. No later than the tenth of each month the Chief of Police may require the promoter and/or operator to provide security in an attendee/security ratio to be determined by the Chief of Police and to establish liaison with the Police Department concerning security arrangements. Security personnel shall primarily be responsible for crowd control. The Chief of Police shall determine the appropriate number of security personnel based solely on the following factors:

1. The physical characteristics of the building and associated area, if any, where the event is to occur;

2. The number of persons that can reasonably be anticipated to attend or to try to attend;

3. Whether alcohol will be served or is likely to be consumed; and

4. The number and character of other events at which incidents requiring police intervention have occurred, with which the sponsor or any person responsible for the promotion of the event has been associated.

E. In no event may the Chief establish an attendee/security ratio in excess of one security person per 25 attendees.

F. As used in this section, "good cause" means that planning for an event did not commence until after the fifth of the month in which it would have otherwise been reported under subdivision (A) of this section. (Ord. 6650-NS § 1, 2001)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor but may be charged with an infraction in the discretion of the citing officer or prosecutor. (Ord. 6650-NS § 1, 2001)