Chapter 9.52 — SPECIAL EVENT PERMITS

Prior code history: Prior code Sections 3-6.10 (§§ 1—9).

This chapter shall be known as the Oakland special events ordinance.

(Ord. 12132 § 1 (part), 1999)

This chapter establishes the procedures for applying for special event permits in the City, and authorizes the City Administrator to deny permit applications or impose additional permit conditions to protect the public from potential adverse impacts, and to provide for additional penalties and for the recoupment of extraordinary police services expended in enforcing permit requirements.

(Ord. No. 13704, § 1, 7-26-2022; Ord. 12132 § 1 (part), 1999)

It is unlawful for any person, entity, business or group (including community, social, fraternal, religious and charitable groups), to conduct a special event unless there exists a valid permit therefore, granted and existing in compliance with the requirements set forth herein. The investigating official referred to in this Chapter, to whom the application is referred, shall be the City Administrator.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12132 § 1 (part), 1999)

As used in this chapter:

"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 City Administrator, 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.

"Attended Bicycle Parking" means a service provided by the event sponsor or qualified bicycle parking service provider where at least one attendant is present throughout the event to receive, return and guard bicycles, and where a safe and sufficiently large area has been set aside for event attendees to leave their bicycles.

"Chief of Police" means the Chief of the Oakland Police Department or his or her designee.

"Circus" means any transient, travelling, or transportable show or exhibition where a variety of performances by acrobats, clowns, and/or trained animals and restricted animals is a substantial attraction or principle business.

"City Administrator" means the City Administrator or his or her designee.

"Community Events" means a special event that is (a) free for attendees, (b) is organized by either (i) a 501(c)3, a 501(c)4, or a 501(c)6 organization under the Internal Revenue Code or (ii) an organization with an annual budget of no more than five hundred thousand dollars ($500,000.00), and (c) either (i) is located in areas that fall within the two (2) lowest quartiles of the California Healthy Places index or (ii) has a majority

of vendors that reside in areas that fall within the two (2) lowest quartiles of the California Healthy Places Index.

"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; animal or restricted animal performances; audiovisual presentations; amplified sound; competitive or sporting events; and/or promotional events.

"Event Sponsor" means any person, entity, business, or group who operates or conducts, or shares in the revenue of, an event subject to this chapter.

"Extraordinary Police Services" means responsive police services which are in addition to and in excess of the normal police 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. "Local street" means a roadway that provides direct access to adjacent land and is not intended to carry through traffic, as defined by the Federal Highway Administration's functional classification concepts and the California Road System map, subject to interpretation, and correction by the Transportation Director or their designee.

"On-Site Manager" means an employee, agent, or representative of an event sponsor who is physically present at the facility and has the authority to make immediate decisions regarding the conduct of the event.

"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 City Administrator. 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 unless otherwise determined by the Oakland City Council.

"Repeat Event" means a special event that takes place at the same location, consists of the same scope, and is produced by the same applicant as a past special event permitted within the previous twelve (12) months.

"Responsible Party" means, for the purpose of determining liability for damage to City or public facilities as a result of a special event and liability for the cost of extraordinary police services pursuant to Subsection 9.52.120G, any event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s)and their respective designees.

"Restricted Animal" shall have the same meaning as set forth in Fish and Game Code Section 2119 and Title 14, California Code of Regulations Section 671 et seq.

"Security Officer" means a person who possesses a valid state guard permit and who maintains a current business tax certificate with the City of Oakland. Security officers that staff limited duration special events are not considered private guards and do not need to comply with the City's private guard provisions of Chapter 5.52 as long as they possess a valid current City of Oakland business tax certificate.

"Special Event" (hereinafter "event") means, for the purpose of this chapter, an event sponsored by any person, entity, business or group including but not limited to the Oakland Unified School District, the Port of Oakland, the Oakland Coliseum complex, the Paramount Theater, and at any event venue within the City and open to the public:

A.

Which is held in any public park and/or facility or on any property and/or facility which is open to the public, and

B.

At which 50 or more participants (including sponsors and guests) are present, and

C.

At which entertainment is provided by or for any person, and/or made available to any person, and/or

D.

Any circus event involving a performance by any trained animal or restricted animal.

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

A.

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 police services are required;

B.

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

C.

Events sponsored by religious entities held in the religious entity's facility which only members by permission attend and no extraordinary police services are required;

D.

For-profit entertainment activities of persons, entities and businesses such as cabarets who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the City;

E.

Any entertainment for which other City special permits have previously been obtained, such as, but not limited to, parade permits, dance permits, short-term encroachment permits and City sponsored events otherwise permitted when the City Administrator determines such other permits are more appropriate for the particular event;

F.

An event held at an East Bay Regional Park facility which is subject to existing permit application procedures adopted by the East Bay Regional Park District, provided the East Bay Regional Park District notifies all applicants that any person or entity issued a permit for an event at an East Bay Regional Park facility is liable for the provision by the Oakland Police Department of extraordinary police services that may be required as a result of the event.

"Tier One Special Event" means a special event consisting of the following: less than three hundred (300) people, either no street closure or only the closure of a local street, no fencing, less than four hundred (400) square feet of tents, no open flames, no pyrotechnics, and no sales of food, beverages, goods, cannabis, or alcohol.

"Tier Two Special Event" means a special event that includes any of the following: three hundred (300) or more people, the closure of a non-local street, four hundred (400) or more square feet of tents, open flames, or pyrotechnics, or includes sales of goods, beverages, cannabis or alcohol.

"Tier Three Special Event" means a special event with two thousand five hundred (2,500) or more people or a parade.

"Tier Four Special Event" means a special event consisting of a marathon, half-marathon, triathlon or similar events with active attendee participation and with multiple closures of non-local streets.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

A.

Application shall be made to the City Administrator in advance of the special event, and must execute a written agreement in which applicant agrees to pay the costs of such services, pursuant to Section 9.52.110.

B.

Special event permit applicants shall submit their applications to the City Administrator by the following timeframes:

Tier one special event applicants must submit a complete application no later than twenty-one (21) days in advance of the event.

Tier two special event applicants must submit a complete application no later than forty-five (45) days in advance of the event.

Tier three special event applicants must submit a complete application no later than ninety (90) days in advance of the event.

Tier four special event applicants must submit a complete application no later than one hundred twenty (120) days in advance of the event.

City staff will attempt to process special event permit applications submitted less than the timelines proscribed in Subsections 9.52.050 A.1.—4., however, the City cannot guarantee these applications will be processed in time to issue a special event permit.

Special event applicants may submit an application for one (1) or more repeat event(s) at the same time as their initial special event application by listing all special event dates within twelve (12) months on the special event permit application. The City may conditionally approve repeat special event(s) at the time of approving the initial special event, however, the City reserves the right to add permit conditions or rescind approval(s) for the repeat event(s) if an initial permitted event required extraordinary police services or resulted in a public safety incident.

C.

Application forms submitted pursuant to Subsection A. of this Section shall be fully and truthfully completed by the applicant. Failure to fully and truthfully complete the application form shall be grounds for denial or revocation.

D.

If admission fees or donations are to be collected and/or food, liquid refreshments or physical articles are to be sold at the event, the applicant must present proof of Federal and/or State tax exemption status or present a copy of a valid City of Oakland business license and tax certificate and a food handling permit if applicable before the permit may be issued.

E.

If music, dance or any other form of entertainment activity requiring sound amplification equipment is to be provided or allowed at the event, the applicant must so state on the application form and must provide assurance that the City's noise ordinance will not be violated as a result of the activity.

F.

Upon application, the applicant shall state the name and address of the facility, and identify the type of facility where the event will take place. Before the permit may be issued, the applicant shall be required to present a photocopy of a valid City of Oakland dance hall, cabaret, or other applicable permit or license which authorizes the use of the facility for this type of activity or event. Further, the applicant shall complete

the portions of the application which require identification of any occupancy restrictions or other conditions for use imposed by the City on the designated facility.

G.

Upon application, the applicant shall pay a fee as established by the City's Master Fee Schedule. For the next three (3) years following passage of this chapter, community events shall only pay half the required special event application fee and pay a reduced fire inspection fee of one hundred dollars ($100.00) per hour unless the City Council has not included funding to subsidize these reduced rates in the budget. In order to qualify as a "community event," events need only satisfy Subsections 9.52.040 A. and B. for one (1) year following the passage of the chapter. Thereafter in order to qualify for a discounted fee, community events must satisfy all three (3) Subsections.

H.

If food and beverages will be sold, the applicant must submit an Events Recycling Plan that details how the event will ensure food and beverages are served in reusables or approved single use disposables pursuant to Chapter 8.07, Chapter 8.28, and State law, including the large events recycling provisions of the Public Resources Code.

I.

Special events that are held on public property, consist of two thousand (2,000) or more people, or charge an entrance fee shall also submit plans to manage excess edible food for donation. This shall include an agreement with a local food recovery organization or service to accept excess edible food after the event pursuant to Chapter 8.28, and determine how event discards will be sorted and collected between trash, recycling, and compost. The City shall require documentation of compliance as outlined in Section 9.52.060.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12132 § 1 (part), 1999)

The application for a special event shall provide the following information:

A.

All events: The name, address, telephone number, and date of birth of applicant and an alternative contact person. If the special event is proposed to be sponsored by one (1) or more organizations, the name, address and telephone number of the organizations, and the president(s) of the organization. If requested by the City Administrator, written authorization to apply for the special event shall be provided by an officer of the requesting organization;

B.

The name, address and telephone number of the person who will be present and in charge at the time of the special event;

C.

The nature and purpose of the event;

D.

The proposed date, location and estimated starting and ending time of the event;

E.

Estimated number of persons anticipated at the event;

F.

Description of any sound amplification equipment which will be used at the event;

G.

Whether any food or alcoholic and/or nonalcoholic beverages will be sold at the event;

H.

Whether monitors or security persons will be utilized at the event;

I.

Parking contingencies planned for the event;

J.

A description of the provisions to be made for attended bicycle parking, pursuant to Section 9.52.080;

K.

Any supplementary information which the City Administrator shall find reasonably necessary, under the particular circumstances of the special event application to determine whether to approve or conditionally approve the permit.

L.

If food and beverages will be sold, the applicant must submit an events recycling plan clearly stating all of the following:

How event discards will be properly sorted into trash, recycle, and compost;

Proof of reservation and payment for post event collection services for trash, recycle and compost;

Documentation that all food service ware intended for use at the event will be compliant with Chapter 8.07 and State law regarding single-use foodware accessories and standard condiments;

Plan for how excess edible food will be managed for safe donation after the event per Chapter 8.28;

Proof of an agreement with a local food recovery organization that will either receive or collect the excess edible food for donation, if the event or venue meets the threshold for large event or large venue as contained in the definitions per Chapter 8.28; and

The applicant must also submit tonnage tickets for all three (3) streams after the event to document that the material was disposed of properly and for annual reporting to CalRecycle pursuant to State large events recycling law.

(Ord. No. 13704, § 1, 7-26-2022; Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

restricted animal.

In addition to the requirements of Section 9.52.060, applicants seeking a permit for a circus event which includes any performance or entertainment by trained animals or restricted animals shall also provide:

A.

An inventory of all the restricted and other animals, whether they are performing or not, that will be present in the City of Oakland during the stated duration of the permit, and any restricted species permit issued under California Code of Regulations, Title 14, Section 671.1, along with a copy of the submitted California Department of Fish and Game Application Form FG1312 and "Restricted Species Nonresident Exhibiting Permit Itinerary."

B.

The names of the on-site manager, and all persons who are the primary handlers of each type of restricted and other animals that will be present in Oakland.

C.

Proof of insurance in an amount which the City Administrator deems appropriate to the risk presented by the event.

D.

Disclosure of all reasonably knowable restricted and other animal cruelty or abuse convictions in the preceding ten years against current employees and contractors who will be present in Oakland during the

event, including the on-site manager, primary handler, trainers, performers working with animals, owners, and operators, and any other person whose duties bring them into contact with performing animals.

E.

Disclosure of all restricted and other animals that have caused injury, as defined in administrative regulations, to people in the preceding five years, including but not limited to employees and spectators.

F.

Disclosure of all restricted and other animals that have caused damage to property located outside of the performance area, as defined in administrative regulations, in the preceding five years.

G.

Copies of most recent three years of USDA inspection reports, registrations, and licenses for restricted and other animals.

H.

Copies of all registrations and licenses for restricted and other animals.

I.

Identification of any restricted and other animals that are reasonably known to be sick, injured, or under medical treatment, or exhibiting obvious symptoms of injury or sickness, and veterinary medical records that document each such animal's condition.

J.

Name and contact of the applicant's local veterinary contact while performing in the City of Oakland.

K.

Disclosure of prior violations of this chapter (Oakland's special event permit ordinance), including the date and type of each violation.

L.

Other pertinent information which the City Administrator requests.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014)

A.

The City Administrator shall approve, conditionally approve, or deny the application based on the grounds specified in Sections 9.52.080 to 9.52.090. Such action shall be taken not later than fifteen (15) business days after the filing of a complete application. The applicant shall be notified of any conditions of approval pursuant to Sections 9.52.080 and/or 9.52.085 at the time the action on the application is taken.

A complete application that is not approved, conditionally approved or denied within fifteen (15) business days, shall be considered conditionally approved. The City may still revoke a special event permit issued under this subsection based upon the existence of any of the conditions under Section 9.52.100.

B.

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

C.

If the City Administrator 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. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12132 § 1 (part), 1999)

The City Administrator 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 (1) or more security officers, staff trained in de-escalation techniques, and/or police officers to provide security at and during the event. Said security officers, staff trained in de-escalation, and/or police officers must be present and on duty at all times during the event;

The City Administrator will determine the level of security required at an event based on the recommendations of the Oakland Police Department's risk assessment that shall be based on the following factors:

a.

Whether alcohol or cannabis will be consumed at the event;

b.

How many attendees will be present;

c.

Whether the event will require the closure of non-local streets;

d.

Whether the applicant has any previous experience in the City of Oakland managing a special event;

e.

Whether the event will take place at night;

f.

Whether the event applicant has held prior events that resulted in violence;

The City shall only require police officers to provide event security if:

a.

The special event qualifies as a Tier 2, 3 or 4 special event; or

b.

The City Administrator determines that law enforcement is required in order for the event to take place safely. Such determination shall be in writing.

The City shall not require security officers or police officers if all of the following factors are present:

a.

The event is a repeat of a prior event, with no changes in terms of event size, format, or applicant; and

b.

The prior event resulted in no public safety incidents; and

c.

The event will not require the directing of traffic of a non-local street; and

d.

The event will not include the sale of alcohol or cannabis; and

e.

The event will not include the exchange of cash; and

f.

The event consists of less than one hundred (100) people.

Nothing in this Section precludes the event applicant requesting that police officers provide security at their event(s);

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 event permit at the event facility;

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 an event;

F.

Requiring provision of medical services on-site on a case-by-case basis and/or in consideration of the applicant's previous history;

G.

Requiring in the case of live performances the actual name and stage name of every act performing;

H.

Requiring the submission of copies of all promotional materials simultaneously with the posting or distribution of said materials. All promotional materials must identify the promoter, and must not be posted or affixed to or on City or public property;

I.

Requiring a proof of liability insurance, or other relevant insurance coverage, in the amount required by the City that the City Administrator deems appropriate to the risk presented by the event;

J.

Requiring the event promoter to provide attended bike parking service for events that expect two thousand five hundred (2,500) or more attendees, and for smaller events at the discretion of the City Administrator. The promoter must advertise the service to potential attendees in all outreach and advertising materials and media, and place the bike parking area in an accessible location;

K.

Requiring such other additional conditions as are reasonably believed to be necessary to protect the public health, safety, welfare and order, as well as the health and welfare of restricted and other animals, and to minimize adverse impacts upon the surrounding neighborhood and the general community;

L.

Requiring a third party vendor to conduct education on proper trash, recycle and compost sorting at zero (0) waste stations and for post-collection sorting after the event;

M.

Requiring reusable food service ware at the event;

N.

Limiting the duration of an event to no more than three (3) days;

O.

Requiring the event applicant to obtain signed waivers of each event participant.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

A.

In addition to Section 9.52.080, the City Administrator shall have the power to impose additional conditions on a circus event permit covered under Section 9.52.065 in the exercise of his or her reasonable discretion, to provide for the welfare of all animals and restricted animals and for the health and safety of the public.

B.

The City Administrator shall have the power to adopt regulations relevant to circus events covered under Section 9.52.065, to enforce this Chapter and to provide for the welfare of all animals and restricted animals and for the health and safety of the public. These regulations shall include, but are not limited to: facilities inspections, restricted and other animal health inspections by City staff including any experts or consultants appointed by the City Administrator, and inspections of the restricted and other animals' food quality, the production of veterinary medical records, the production of test results for disease, and other health-related information.

C.

Violation of any regulations enacted to enforce this chapter, or of conditions imposed on a circus event permits, shall constitute a violation of this chapter.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014)

Permits for special events will be granted at the discretion of the City Administrator. A special events 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; or

B.

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

C.

The applicant has not submitted a completed application form in the time provided pursuant to Section 9.52.050.

D.

The applicant has previously had a permit revoked, in Oakland 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; and/or

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 police services which the Police Department is unable to meet; or

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; or

I.

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

J.

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

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; or

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; or

M.

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

N.

The sponsor fails, or has failed in the past, to make provisions for attended bicycle parking, pursuant to Section 9.52.080; or

O.

The granting of the permit is likely to result in substantial negative impacts upon the delivery of City-wide police services and therefore pose a threat to the public health, safety and order due to the likelihood of the special event resulting in a call for a police emergency response.

P.

A circus event permit applicant, circus on-site manager, or circus event sponsor fails to comply with any regulations or conditions imposed pursuant to Section 9.52.085, or is subject to mandatory denial pursuant to Section 9.52.115.

Q.

A circus event permit applicant, including the circus event sponsor, circus on-site manager, or circus primary animal handler, has been convicted of acts constituting cruelty or abuse on a restricted or other animal within the preceding ten years.

R.

The applicant has failed in the past to adhere to their events recycling plan by neglecting to provide either trash, recycle and compost collection or compliant food service ware and/or the donation of excess edible food.

S.

The City Administrator 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. Request for reconsideration must be submitted to the City Administrator within five (5) 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 City Administrator's stated reasons for denial are in error.

The request for reconsideration shall be reviewed by a three-person review committee. The Review Committee shall consist of one (1) member of the Cultural Affairs Commission, the Chief of Police or their designee, and the Director of the Department of Economic and Workforce Development or their designee. No members of the Review Committee shall have participated in the underlying decision to deny the event permit.

Within five (5) days of receipt of said request for reconsideration, the Review Committee shall send written notice of its decision and or notice of hearing on the reconsideration request to the applicant.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)

An event permit may be revoked at any time, including during the event, by the City Administrator, for;

A.

Violation of any of the imposed permit conditions; or

B.

Failure to obtain and post any permit required by the State Alcoholic Beverage Control Board to serve alcoholic beverages;

C.

The occurrence of unlawful or criminal activity during the event;

D.

Any ground stated in Section 9.52.090; or for

E.

Failure to provide trash, recycle and compost collection or compliant foodservice ware and/or donation of excess edible food.

Revocation shall be immediately effective upon public announcement of the revocation thereof by the City Administrator, including any police officer designated by the Patrol Division Commander to so act.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014; Ord. 12132 § 1 (part), 1999)

A.

Any violation of this chapter, or of regulations implementing this chapter, may be charged as a civil penalty or an infraction, as provided for in Title 1 of the Oakland Municipal Code, except as specified in Subsection B. of this section. Enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this chapter or under state or federal law. In addition, nothing in this section shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief.

B.

It shall be a misdemeanor:

For an event sponsor, on-site manager, or his or her designee, to refuse to terminate or suspend any event for violation of a City event permit conditions, or for holding an event without benefit of a City event permit; or

For any person, applicant, event sponsor, or on-site manager of a circus, to deny, unreasonably delay, and/or interfere with City inspections attempted or conducted under this chapter. A delay shall not be "unreasonable" under this section if it meets all of the following: (a) it is less than 30 minutes duration total, (b) is due to the temporary unavailability of persons identified pursuant to Subsection 9.52.065.B who are essential to allow the City to safely perform a physical inspection of a particular animal or its quarters, and (c) the City is provided the immediate ability, without delay, to visually observe the animal or quarters while waiting for the person named in Subsection (b) above.

(Ord. No. 13209, § 2, 1-7-2014; Ord. 12132 § 1 (part), 1999)

In addition to any fine, penalty, or other enforcement action available under this Code, State law, or Federal law, the City Administrator shall not issue a circus event permit in the future to an applicant who has committed a violation of this Chapter. The length of time that such an application must be denied will be no less than twelve (12) months for less serious violations, and no longer than sixty (60) months for the most serious violations, measured from the date the violation was committed. The City Administrator shall enact regulations to enforce this Section, and the regulations shall include criteria describing types of violations, along with corresponding mandatory denial periods, depending on the seriousness of the past violations and/or the number of past violations.

(Ord. No. 13704, § 1, 7-26-2022; Ord. No. 13209, § 2, 1-7-2014)

A.

Prepayment of Fees. Before a special event permit may be issued the Chief of Police shall provide the applicant with a statement of the estimated cost of providing extra police officers for the event. The applicant/sponsor shall be required to pay these fees at a minimum two weeks in advance of the event.

B.

Computing Extra Police Services. The extra police services shall be computed by determining the number of police officers who will be required for the special event beyond that which would otherwise be required at that time, multiplied by the number of hours for which such additional service is rendered at the rate of the city's full cost of providing officers on an hourly basis as established by the master fee schedule. Such personnel to perform the additional police services shall be determined by the Chief of Police in the number he or she determines is reasonably necessary for the event. Police personnel assigned to special events are city employees while so engaged and are under the sole direction of the Chief of Police.

C.

Refunds or Additional Charges. If the actual cost for extra police services on the date of the event is less than the estimated cost pursuant to subsection A of this section, the applicant/sponsor will be promptly refunded the difference by the city from the general fund. If more police hours are required than originally charged, the event sponsor will be billed the additional costs. Payment of additional costs shall be due within fifteen (15) days of the date the bill is deposited in the mail. If full payment is not received within the required time for payment, the event sponsor is subject to interest charges at the maximum legal rate computed from the date the payment period expires. If the event is cancelled less than five business days prior to the scheduled event, a cancellation fee will be assessed.

D.

Failure to Reimburse for Additional Police Services. The cost of any additional extraordinary police services pursuant to subsection C of this section shall be collected from the event sponsor in any manner prescribed by law, including but not limited to placement of a lien on the event sponsor's property and/or an action in small claims court. This remedy is in addition to all other civil and criminal remedies available to the city.

E.

The costs assessed against an event sponsor and/or promoter and/or facility operator for recoupment of the cost of additional extraordinary police services pursuant to subsection C of this section shall include: (1) the actual cost of salaries, benefits, and administrative overhead of the police personnel providing the services; (2) the cost of medical treatment for police personnel injured while providing services; (3) the cost to replace or repair city property damaged while providing the services; and (4) the cost incurred in making arrests while providing the services.

F.

Any event sponsor and/or promoter and/or facility operator billed for additional extraordinary police services pursuant to Subsection C. of this Section may request a hearing on the matter before a Hearing

Examiner designated by the City Administrator. In order to obtain a hearing, the event sponsor shall file a written request therefor within ten (10) days of the date of the invoice mailed to the sponsor that shall state the grounds for appeal. When a written appeal is filed by the applicant, a hearing shall be set at a date and time not less than ten (10) and not more than forty-five (45) days following the filing of the appeal. The event sponsor shall be notified of the date, time and place of the hearing. Upon conclusion of a hearing, the Hearing Examiner shall render a decision within fifteen (15) days. The Hearing Examiner's decision shall be final.

G.

The event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s) and their respective designees are all and each severally liable for the cost of additional extraordinary police services.

(Ord. No. 13704, § 1, 7-26-2022; Ord. 12132 § 1 (part), 1999)