Lomita Municipal Code Ch. 6.5 Special Event Permits

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter.

(a) City departmental service charges means the actual costs which a department of the city incurs in connection with activities for which a permit is required under this chapter, including, but not limited to, the costs of administration or coordination services, support personnel, equipment, materials and supplies, and related items such as fringe benefits and overhead burden.

(b) City manager means the city manager or his or her designee.

(c) Special event means any concert, parade, circus, fair, festival, community event, swap meet, flea market, pumpkin patch, Christmas tree lot, sports tournament, or other temporary outdoor activity proposed to be conducted on public or commercial property with fifty (50) persons or more.

(d) Parade means any march, procession or assembly consisting of persons, animals or vehicles, or a combination thereof, upon any public right-of-way, which does not comply with normal and usual traffic regulation or controls.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

No person shall operate, maintain, conduct, advertise, sell or furnish tickets for a special event in the city unless he or she first obtains a permit from the city to operate or conduct such event.

(Ord. No. 646, § 1, 5-6-02)

Application for a permit to conduct a special event shall be made in writing to the city manager, no less than one (1) working day but no more than one (1) year prior to the special event. The application shall be accompanied by a nonrefundable application fee to be established by resolution of the city council to be revised periodically and shall contain the following information:

(a) The name, residence, mailing address and telephone number of all persons acting as promoters, proprietors, presenters or financial backers of the special event;

(b) A statement of the kind, character or type of use which the applicant proposes to conduct, operate, or carry on;

(c) The address or legal description of the place where the proposed use is to be conducted, operated or carried on, including therein all land to be used for parking or other uses necessary or incidental to the outdoor gathering, together with such leases, licenses, contracts or other written permission from the owner or owners of such property authorizing or permitting such use;

(d) An estimate of the minimum and maximum number of customers, spectators, participants and other persons expected to attend the special event for each day it is conducted, together with detailed information supporting such estimate;

(e) The date or dates and hours during which the special event is to be conducted, and during which the premises will be under the control of the applicant, together with an estimate or schedule of the dates and hours of performances, entertainment, or other events; and

(f) A plot plan of the premises to be used, together with a detailed written explanation, showing the location and plan to supply or maintain the following systems or services:

1. Police and security protection and facilities;

2. Water supply and facilities;

3. Food supplies and facilities;

4. Sanitation facilities;

5. Medical and first-aid facilities and services;

6. Vehicle, ingress, egress and parking facilities;

7. The areas for performances, grandstands or seats, showing the location of all aisles for pedestrian travel and other crowd control measures;

8. The location, capacity and nature of all temporary lighting, sound, and public address facilities;

9. The nature, source, and location of firefighting equipment;

10. The location and means of access for emergency vehicles;

11. The system of marking and signs used to designate or delineate various areas on the premises; and

12. All physical facilities existing or to be constructed or placed on the premises, including, but not limited to, fences, ticket booths, grandstands, and stages.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

In order for the special event permit to be issued, the special event must meet all of the following requirements:

(a) Compliance with applicable laws. The special event shall operate in compliance with all applicable state, county, and local laws, rules, regulations, and ordinances relating to the protection of health, safety, and welfare. The special event will be held at a location which complies with and meets all of the health, zoning, fire and safety requirements and standards of the laws of the State of California and ordinances of this city and this Code applicable thereto.

(b) Fees paid. Information required by this chapter in the application and all documents required by this chapter have been filed, and all permit fees and other required fees paid.

(c) Lighting. The parking lot and grounds of the premises shall be illuminated from dusk to closing with a lighting system that provides a minimum of one (1) foot-candle of light on the parking and walking surfaces serving the special event.

(d) Parking. The special event shall contain or have rights to use adjacent, off-street parking facilities providing the number of parking spaces required under and otherwise meeting the design requirements provided in this Code.

(Ord. No. 646, § 1, 5-6-02)

All special events shall comply with the following requirements, unless otherwise indicated:

(a) On-site manager. The special event shall have a manager on site at all times during the operating hours of the special event.

(b) Security guards. The following provisions concerning security guards apply:

1. If the occupancy of the special event exceeds fifty (50), then management shall provide, at a minimum, the following number of security guards:

2. Security guards shall wear a uniform clearly designating them as security personnel. During all hours of operation, the security guards shall patrol the grounds and parking area. Security guards shall be charged with keeping the peace, removing disorderly or intoxicated patrons, preventing violations of the law, and enforcing patrons' compliance with the requirements of this chapter. No security guard shall act as a door monitor, ticket seller, ticket taker, parking attendant or valet. The city manager may require the special event to provide additional security guards, or to provide parking attendants, in the event that the special event has a capacity of more than five hundred (500) occupants, or there have been verified reports of disorderly conduct, disturbances of the peace, or arrests on the premises of the special event.

(c) Inspections. The operator of the special event shall allow peace officers, code enforcement officers, health inspectors, and other designated state, county, or city personnel to conduct inspections of the premises.

(d) Departmental service charge. In addition to the payment of the nonrefundable permit application fees a permittee shall pay the city for all city department service charges incurred in connection with or due to the permittee's activities under the permit. If city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

1. City departments shall submit the final invoices and billings for departmental charges to the permittee no later than ten (10) working days after the expiration date of the permit.

2. At least three (3) days prior to the date that any permit under this chapter is to become effective or sooner if the application was made with less notice, the applicant shall pay to the city a cash deposit in an amount sufficient to cover the total city departmental charges which the city manager estimates will be incurred in connection with the permit.

(e) Insurance. It may be a condition of the issuance and continued validity of any permit granted pursuant to this chapter that the applicant first take out, pay for and maintain a policy of general liability insurance which insures the city, its officers and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either applicant, his agents or employees including any officers or employees of the city, or caused by or arising out of the condition of any city-owned or -controlled property, whether real or personal, and occurring during the period and as a result of the activities for which the permit was issued. The amount of coverage to be provided by such policy shall not be less than one million dollars ($1,000,000.00) single limit; provided, however, that the city manager shall have the authority to require higher limits, if, in his or her opinion and discretion, the type of activity thus permitted is of such a nature as to warrant greater risk protection. It shall be permissible in satisfaction of the requirement imposed by this subsection that the applicant cause the issuance of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the city its officers and employees have been added as additional insureds.

(f) Indemnity. It shall be a condition of the issuance of any permit granted pursuant to this chapter that the applicant shall agree to indemnify, defend and to hold the city, its officers and employees harmless, from any and all claims and liability of any kind whatsoever resulting from or arising out of the special event and issuance of such permit by the city.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

The city manager shall approve or deny the application within five (5) business days after receiving the application for the special event, unless such application was submitted with less than five (5) business days from the special event date. In such case, the city manager shall approve or deny such application within twenty-four (24) hours. The decision of the city manager shall be final unless appealed in accordance with section 3-6.5.08. The city manager shall approve the application and grant a special event permit if the special event meets all the requirements set forth in section 3-6.5.05. The city manager shall deny the application if the special event fails to meet all of the requirements set forth in section 3-6.5.05.

Promptly upon deciding to approve or deny the application, the city manager shall serve written notice of the decision upon the applicant and/or verbal notice if time does not permit. If the application has been denied, the notice shall specifically state the reasons for the denial.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

The city manager may deny a special event permit if he or she determines from a consideration of the application or other pertinent information that any of the following conditions exist:

(a) Information contained in the application or supplemental information requested from the applicant is found to be false in any material detail;

(b) The applicant failed to complete the application form, or failed to tender the required application fee, after having been notified of the additional information or documents required;

(c) The proposed activity would conflict with a previously planned city-sponsored activity;

(d) The applicant refuses in writing to comply with all terms and conditions of the permit;

(e) A prior application for a permit to use the same location at a conflicting time has been received and such application has been or will be approved;

(f) The nature or size of the activity would be reasonably likely to injure persons or damage park property, or property adjacent to the park; provided that the city manager shall not consider the content of expression which is proposed or anticipated at the activity; and

(g) The proposed activity is prohibited by law;

(h) The applicant, on prior occasions, has made material misrepresentations regarding the scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant;

(i) The applicant is legally incompetent to contract, or to sue and be sued.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

(a) If the application for the special event permit is denied, the denial of a permit may be appealed to city manager.

(b) An appeal to the city manager shall be made in writing within five (5) calendar days of the date of the written denial. An appeal is made by filing a written petition with the city clerk setting forth the grounds for appeal.

(c) If the city manager denies the appeal, that decision may be appealed to the parks and recreation commission.

(d) An appeal to the parks and recreation commission shall be made in writing within five (5) calendar days of the date of the written denial. An appeal is made by filing a written petition with the city clerk setting forth the grounds for appeal.

(e) The parks and recreation commission shall hear the appeal at its next regularly scheduled hearing.

(f) The appeal to the parks and recreation commission shall be made in writing within five (5) calendar days of the date of the city manager's denial on appeal.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)

Upon the granting of the permit under this chapter, any fees or deposits which are adopted by the city for the use of city personnel, buildings, equipment, parks and facilities, shall be contained in the permit and the fees and deposits shall be paid by the applicant prior to the receipt of the permit.

(Ord. No. 646, § 1, 5-6-02)

(a) A permit may be revoked if the city manager determines:

(1) That the event cannot be conducted without violating the standards or conditions for special event permit issuance;

(2) The event is being conducted in violation of any conditions of the permit;

(3) The event poses a threat to health or safety;

(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 permit was issued in error or contrary to law.

(b) Except as provided in subsection (c), notices of revocation shall be in writing and specifically set forth the reasons for the revocation.

(c) If there is an emergency requiring immediate revocation of a special event permit, the city manager may notify the permit holder verbally of the revocation.

(d) An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of special event permits pursuant to section 3-6.5.08.

(Ord. No. 646, § 1, 5-6-02; Ord. No. 699, § 1, 4-2-07)