Lancaster Municipal Code Ch. 9.40 Special Events

This chapter shall be known and may be cited as the "Lancaster Special Events Ordinance."

(Ord. 889 § 1 (part), 2007)

The intent of this chapter is to provide a regulatory framework for permitting special events. Special events shall be conducted so as not to cause any detrimental effects to surrounding properties and the community, and shall not violate any other ordinance or regulation of the city. It is the intent of this chapter to ensure that special events, when conducted are done so in a manner that does not unduly impede, obstruct, impair or interfere with the free use of the public streets, sidewalks, or other public property of the city, and to ensure that there is a mechanism in place to regulate the competing use of public forums. It is also the intent of this chapter to provide a mechanism to meet the expenses incident to the administration of this chapter. The provisions set forth in this chapter shall establish criteria for characterizing events as "special events" and standards and conditions for approving and permitting such special events.

(Ord. 889 § 1 (part), 2007)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Admission charge" means a tangible benefit, monetary or otherwise, which is expressly or impliedly required as a condition of admittance to a party. Customary courtesies and clearly noncommercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an "admission charge." "Admission charge" shall not include donations for political, community service, charitable or religious purposes.

"Applicant" means any person, firm, association, corporation, organization, club or ad hoc committee who or which seeks a special event permit from the city, through the director of planning, to conduct or sponsor a special event governed by this chapter. An applicant must be eighteen (18) years of age or older. The applicant shall be the individual who is directly responsible for organizing and/or conducting the event and/or the facility manager.

"Director of planning" means the director of planning of the city of Lancaster.

"Entertainment" means providing to the public food and/or beverages; live or recorded music; dancing; mechanical, animal or carnival rides; games of chance; performances and/or plays; audiovisual presentations; amplified sound; competitive or sporting events; and/or promotional events.

"Extraordinary law enforcement services" means responsive law enforcement services by the Los Angeles County sheriff's department which are in addition to and in excess of the normal law enforcement services provided to the facility or off-site as a direct result of the event at the facility.

"Facility" means the building, room or place where the special event is to take place.

"Loud" means any noise caused by the use or operation of any radio, musical instrument, phonograph, television receiver, or other machine or device for the producing, reproducing or amplification of the human voice, music or any other sound, in such a manner, as to disturb the peace, quiet, and comfort of neighbor occupants or any reasonable person residing or working in the area and which produces a noise level which is audible to the human ear at a distance in excess of two hundred (200) feet from the property line of a noise source, which is within any residential area or zone of the city or within five hundred (500) feet of any residential zone.

"Open to the public" means an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge.

"Permit application fee" means the nonrefundable fee to be paid by the permit applicant at the time the application is filed with the director of planning. A fee schedule shall be set by the city council and shall cover the actual costs of processing and investigating special event applications, and administering the special events permit program.

"Responsible party" means, for purposes of determining liability for damages to city or public facilities as a result of a special event, any event sponsor(s), promoter(s), facility operator(s), or facility owner(s).

"Security officer" means a person who possesses a valid state guard permit and is employed by any party associated with an event that would be governed by this chapter.

"Special event" means, for the purposes of this chapter, an event sponsored by any person, entity, business or group, and at any event venue within the city and open to the public:

1. Which is held in any public park or facility or on any public or private property or facility open to the public or not;

2. At which fifty (50) or more participants (including sponsors and guests) are present; and

3. At which entertainment is provided by or for any person, or made available to any person; or

4. For-profit entertainment activities of persons, entities and businesses who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the city but which holds an event that will foreseeably result in impacts on public safety, health, welfare, and law enforcement resources.

"Special event," as defined in this section, shall not include:

1. An event held in a private residence where no admission is charged, the event is not open or advertised to the public, and no extraordinary law enforcement services are required;

2. An event held in a member-only facility at which the only participants are the members (and their invited nonpaying guests) and no extraordinary law enforcement services are required;

3. Events sponsored by religious entities held in the religious entity's facility or in the religious entity's property attended by members or their guests and for which no extraordinary law enforcement services are required;

4. For-profit entertainment activities of persons, entities and businesses who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the city and no extraordinary law enforcement services are required;

5. Events conducted by nonprofit or political organizations for the purpose of raising funds for such organization at which no extraordinary law enforcement services are required;

6. Any entertainment for which other special permits have previously been obtained, such as, but not limited to, parade permits, short-term encroachment permits and city-sponsored events otherwise permitted when the director of planning determines such other permits are more appropriate for the particular event; or

7. Any event, series of events or specific type of event may be exempted at the discretion of the director of planning, based upon evidence that the event or events will not impact law enforcement services and will not affect public health, safety or welfare.

(Ord. 889 § 1 (part), 2007)

No person or entity shall conduct, maintain or advertise a special event, or permit their premises to be used for a special event, without first applying for and obtaining a permit, and timely fulfilling any and all conditions of approval imposed upon the issuance of the permit. Any special event conducted by the city will follow the same review process for approval, but will not require the submittal of a special event application or issuance of a permit.

(Ord. 889 § 1 (part), 2007)

A. An application for a permit for a special event shall be filed with the director of planning not less than sixty (60) nor more than three hundred sixty-five (365) days before the date proposed for holding a special event. Such application shall be signed by the applicant or the applicant's authorized agent and shall be accompanied by a nonrefundable processing fee payable to the city of Lancaster in an amount established by resolution of the city council.

B. The director of planning, in his or her discretion, may accept for filing an application submitting less than sixty (60) days before the proposed special event and may waive the processing fee.

(Ord. 889 § 1 (part), 2007)

Application for a permit to hold a special event shall be made on forms provided by the city and approved by the director of planning. The application shall include a detailed description of the proposed special event, including but not limited to the following:

A. The name and address of the applicant, and if the applicant is a corporation, the names of its principal officers, or if the applicant is a partnership, association, organization or fictitious company, the names of the partners or persons comprising the association, organization or company with the address and telephone number of each;

B. The number of persons anticipated to be participating in the event;

C. The purpose of the event;

D. The date, hours and precise location where the event is to be held;

E. The amount of any spectator, participant, entry or other fee, if any, to be charged in connection with the event;

F. Type and nature of any vehicles, equipment, or other apparatus to be used in connection with the event;

G. Type of goods, wares, merchandise, food, or beverages to be sold or otherwise provided to persons at the event;

H. The name and business address of any vendors who will be participating in the event;

I. A description of any sound amplification equipment which will be used at the event;

J. Whether any alcoholic beverages will be sold at the event;

K. A description of the security and medical services that will be provided at the event;

L. Whether security will be provided by a person or entity other than the applicant, and, if so, the name, address and telephone number of the person or entity providing such security services;

M. A description of the parking contingencies planned for the event; and

N. Any additional information the director of planning finds reasonably necessary to determine whether to approve or conditionally approve the permit.

The application shall be signed by the applicant under penalty of perjury and shall contain an agreement whereby the applicant agrees to fully compensate the city for any damage to public property, as well as to clean and otherwise restore any public event site or other impacted public property to the condition in which it was found prior to the event.

(Ord. 889 § 1 (part), 2007)

A. The director of planning shall approve, conditionally approve, or deny the application based on the grounds specified in Section 9.40.110. Such action shall be taken not later than fifteen (15) calendar days after the filing of a complete application. The applicant shall be notified of any conditions of approval pursuant to Section 9.40.100 at the time the action on the application is taken.

B. If the application is denied or conditionally approved, at the time of taking action on the application, the director of planning shall inform the applicant in writing of the grounds for denial, or of the reason for the imposition of conditions.

C. If the director of planning relied upon information regarding the event other than that which was contained in the application, he or she shall inform the applicant of the additional information considered.

(Ord. 889 § 1 (part), 2007)

Prior to the issuance of the special event permit, the applicant shall submit to the director of planning a certificate and endorsement of insurance issued by an insurance company authorized to do business in the state of California and having a policyholder's rating of "A" (excellent) or better, and a financial rate of "X" or better in "Best's Insurance Reports—Fire and Casualty," or by a company approved in writing by the director of planning, which shall evidence the fact that the applicant has in full force and effect a comprehensive general liability and property damage insurance policy covering every activity of the proposed special event in amounts to be determined by the director of planning, based on the nature and liability potential of the event. Said documents shall name the city, its officers, agents, employees and volunteers as additional insureds and shall indicate that the insurance is primary and any insurance which may be carried by the city shall be considered as excess thereto. The certificate and endorsement shall also indicate that the policy of the insurance cannot be modified or canceled by the insurance carrier without at least thirty (30) days prior written notice to the city. Any certificates and endorsements shall be subject to approval by the city as to form, content, and financial ability of the insurer. The requirements of this section may be waived by the director of planning upon a showing of good cause. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual.

(Ord. 889 § 1 (part), 2007)

Prior to the issuance of a special event permit, the applicant shall provide the city with an executed hold-harmless agreement on a form provided by the director of planning, which shall substantially state that the applicant agrees to indemnify, defend and hold the city of Lancaster and its officers, employees, and agents harmless and free from any liability, penalty, expense or loss of any nature, including, but not limited to, liability for damage or injury to any persons or property caused by any participant to the special event. The agreement shall also state that the applicant agrees to reimburse the city for costs of any extraordinary law enforcement services.

(Ord. 889 § 1 (part), 2007)

The director of planning may impose additional conditions to a permit in the exercise of his or her reasonable discretion when conditionally granting a permit, including but not limited to:

A. Requiring the applicant to retain or hire one or more security officers to provide security at and during the event, said security officers being present and on duty at all times during the event;

B. Requiring the applicant to be personally present at all times during the event;

C. Requiring the applicant to provide a working telephone where he or she can be reached directly at all times during the event;

D. Requiring the posting of the special event permit at the event facility; and/or

E. Requiring a refundable security deposit before issuance of the permit toward the costs of city services and/or cost of damages to public facilities that may be associated with such event.

(Ord. 889 § 1 (part), 2007)

Permits for special events will be granted at the discretion of the director of planning. A special event permit application may be denied upon evidence that:

A. Information contained in the application, or supplementary information requested from the applicant, is false in any material detail;

B. The applicant has failed to provide a complete application form after having been notified of the requirement of producing additional information or documents;

C. The applicant has not submitted a completed application form in the time provided pursuant to Section 9.40.050;

D. The applicant has previously had a permit revoked, in Lancaster or in another jurisdiction, for violation of permit conditions or for unlawful conduct relating thereto and it is reasonably believed that similar violations or unlawful conduct will again occur;

E. The granting of the permit will have a substantial adverse impact upon the public health, safety, or order;

F. The granting of the permit will result in substantial adverse impacts (including, but not limited to, noise, litter, traffic and congestion) upon the surrounding neighborhood or the community in general;

G. Another complete special event application has been previously filed for a different event at the same time and place requested by the applicant, or so close in time and place as to cause traffic congestion or a demand for law enforcement services that the city is unable to meet;

H. The time or size of the event will substantially interrupt the safe and orderly movement of pedestrian or vehicular traffic in the immediate vicinity of the event, or disrupt the use of a street at a time when it is usually subject to great traffic congestion;

I. The concentration of persons, animals and vehicles at the site of the event will prevent proper law enforcement, fire, ambulance, or other essential public services to areas contiguous to the event;

J. The size or duration of the event will require diversion of so great an amount of law enforcement services that providing for the minimum level of law enforcement services to other areas of the city is jeopardized;

K. The event will substantially interfere with construction or maintenance work scheduled to take place upon or along the city streets or a previously granted encroachment permit;

L. The event will occur at a time and place where the noise created by the activities of the event will substantially disturb or disrupt the activities of such institutions as schools and hospitals;

M. Sponsors have failed to pay the city for previous special events or parade fees and costs;

N. The granting of the permit is likely to result in substantial negative impacts upon the delivery of citywide law enforcement services and therefore poses a threat to the public health, safety and order due to the likelihood of the special event resulting in a call for a law enforcement response.

The director of planning shall state, in writing, the reasons for any denial of the event permit. Any applicant whose application is denied shall have the right to request reconsideration of the denial. Reconsideration must be submitted to the director of planning within five days of issuance of the denial. Said request for reconsideration shall be in writing and shall state any and all reasons of any nature why the director of planning's stated reasons for denial are in error. Within five days of receipt of said request for reconsideration, the director of planning shall send written notice of his or her decision on the reconsideration request to the applicant.

(Ord. 889 § 1 (part), 2007)

A special event permit may be revoked at any time if the city finds that one or more of the following conditions exists:

A. Circumstances have changed to such a degree that one or more of the findings contained within this chapter can no longer be made;

B. The special event permit was obtained in a fraudulent manner;

C. The applicant fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of the permit;

D. The applicant violates or attempts to violate any law of the state of California, or the provisions of this chapter, or any other law, ordinance or policy of the city.

Such revocation shall become effective immediately upon order by the director of planning.

(Ord. 889 § 1 (part), 2007)

No person shall require, impliedly or expressly, any admission charge to any party conducted in a residential zone.

(Ord. 889 § 1 (part), 2007)

A. When any loud or unruly special event occurs or is held, and it is determined that there is a disruption to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the special event or if either of those persons is a minor, then the parents or guardians of the minor, will be held jointly and severally liable for the cost of providing extraordinary law enforcement services and the same may be given a written warning notice of the provisions of this section.

Sheriff personnel utilized during a second response to the same location within seventeen (17) days after a first warning is issued, to control the disturbance to the public peace, health, safety or general welfare, shall be deemed to be a special event providing extraordinary law enforcement services. Furthermore, those persons deemed liable for the cost of law enforcement services shall be deemed to have consented to such liability by failing to immediately take all steps necessary to avoid the need for the second sheriff response. The disturbance causing the second response shall be deemed to be a continuation of the disturbance causing the first response.

B. The costs of such extraordinary law enforcement services may include costs of personnel, damages to city property, and injuries to city and sheriff personnel. The charges assessed will be the actual cost of services for controlling the disturbance and restoring the public peace, health, safety or general welfare at the location of the disturbance. Such charges shall be consistent with the current rate being charged to the city by the county of Los Angeles.

C. In addition, charges for damage to public property shall be determined and set forth in an official written estimate from the department of public works. The city reserves the right to elect any other legal remedies when deemed necessary.

D. When a second sheriff's response to a special event following issuance of a warning occurs, the sheriff's department shall provide the city with a copy of the first response warning issued at the disturbance and with all city-required information. This information shall include the number and type of sheriff personnel and units used, and time spent to control the disturbance. The city will bill the responsible party or parties for costs of providing the extraordinary law enforcement services plus an additional twenty-five (25) percent of said costs of administration to process the bill and collect the charges. Failure to pay the charge, as billed by the city, shall be deemed a violation of this chapter. Such costs shall be deemed to be a personal debt of those liable for payment, and may be collected as a debt on a contract.

(Ord. 889 § 1 (part), 2007)

Either the denial of an application for a special event permit or the imposition of conditions not acceptable to the applicant may be appealed in accordance with the provisions of Chapter 2.44.

(Ord. 889 § 1 (part), 2007)

Any person who willfully fails to comply with the requirements of this chapter, or of any conditions attached hereunder, or who falsifies any information on any application hereunder is guilty of a misdemeanor punishable as set forth by state law. Any special event operating in violation of this chapter shall be a public nuisance which may be enjoined or abated as allowed by law.

(Ord. 889 § 1 (part), 2007)

In any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares it would have passed the ordinance codified in this chapter and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases by declared invalid or unconstitutional.

(Ord. 889 § 1 (part), 2007)