Rancho Mirage Municipal Code Ch. 5.14 Nonresidential Special Event Permits

The purpose of this chapter is to preserve the health and safety of the general public, and the peace and tranquility of the city's residential neighborhoods, by regulating certain events, gatherings and assemblies within the nonresidential neighborhoods in a manner that effectively avoids or mitigates the negative secondary impacts that some events, gatherings and assemblies have on traffic flow, traffic congestion, parking, air quality, noise, light, glare, health, safety, security, aesthetics, pets, and general well-being of the public.

Examples of nonresidential special events that may be subject to application and review may include but are not limited to; festivals, fairs, expos, markets, athletic events, parades and outdoor entertainment events.

(Ord. 1219, 7/18/2024)

"Applicant"

means the person or entity applying for a nonresidential special event permit pursuant to the provisions of this chapter.

"Nonresidential zones"

include any district which is designated in the City's Zoning Ordinance as not designated for residential purposes, including, but not limited to, resort, office, commercial, and open space zoning designations.

"Permittee"

means the person or entity (applicant) issued a nonresidential special event permit pursuant to the provisions of this chapter.

"Refuse"

means garbage, waste, trash, rubbish and other discarded matter.

"Sign"

means any sign, pennant, flag, banner, inflatable display, or other material that is intended to attract the attention of passersby.

"Special event"

means any rental or temporary use of any portion of real property which takes place in whole or in part outdoors, and which involves either the attendance of 400 or more people, or involves the use or construction of any temporary structures.

"Temporary structures"

has the same meaning as set forth in the California Building Code and Fire Code, as they may be amended from time to time, and includes tents or canopies covering more than 400 square feet cumulative, grandstands or bleachers, temporary structures of 120 square feet or larger, and stages over 30 inches in height measured from the surface on which the stage is placed.

"Ticket" or "pass"

means any physical, electronic or virtual ticket, pass, permit or any verbal permission that gives a person or entity the right to enter any space, place, location or venue to attend or participate in an event subject to this chapter.

"Vendor"

means any person or entity promoting or selling any food, beverages, goods or services at an event subject to this chapter.

(Ord. 1219, 7/18/2024)

Within nonresidential districts, special events are allowed subject to nonresidential special event permits as described in this chapter. Activities conducted on property owned by or leased to the city and public road rights-of-way may require an encroachment permit.

(Ord. 1219, 7/18/2024)

A nonresidential special event permit shall be subject to the following:

A. The development services department may establish conditions which must be met prior to the issuance of any nonresidential special event permit under this chapter.

B. The type of conditions which may be imposed by the development services department, pursuant to the city's general police power for the protection of health, safety and property of local residents and persons attending special event activities in the city, may include, but not be limited to:

1. Provision of additional police or fire personnel under the direction of the city and paid for by the applicant.

2. Sufficient sanitation facilities.

3. Medical facilities.

4. Access, parking, and traffic controls.

5. Adequate lighting.

6. Posting of security bond.

7. Any other conditions reasonably related to preservation of public health and safety.

(Ord. 1219, 7/18/2024)

An application for a nonresidential special event permit to conduct a nonresidential special event shall be submitted to the development services department not less than 20 working days prior to the scheduled event. Any applications received less than 20 working days prior to the scheduled event may be rejected. The application shall contain the following information:

A. The name, mailing address, and mobile telephone number of the person or entity making such application. The application must be signed by an individual with authority to contractually bind the property owner or entity making the application;

B. The name, address, and mobile telephone number of the owner of the subject property, if different from the permit applicant;

C. The name, address, and mobile telephone number of the event's on-site contact person who shall be present for the duration of the event;

D. A statement of the kind, character or type of event and related activities which the applicant proposes to conduct, operate, or carry on;

E. The address or legal description of the place where the proposed event is to be conducted, operated or carried on;

F. The size of the subject area and an estimate of the number of persons expected to attend the proposed event;

G. A waste management or diversion plan which complies with the provisions of this code regarding diversion and handling of municipal waste and recyclables;

H. An adequate site plan showing adequate on-site parking spaces for persons attending the nonresidential special event by motor vehicle or an off-site parking plan including transportation services.

I. Such other information as the city manager or his or her designee deems reasonably necessary to administer this chapter.

(Ord. 1219, 7/18/2024)

Applications for permits or certificates required by this section shall be referred by the city manager or designee to other affected city departments or other public agencies for review and comment. After staff completes its prompt review of a completed nonresidential special event permit application, the development services department shall recommend granting the nonresidential special event permit, denying the nonresidential special event permit, or establishing conditions which must be met before the nonresidential special event permit may be granted. If pre-permit conditions are imposed by the development services department, the applicant shall furnish or cause to be furnished proof that all conditions have been met before the nonresidential special event permit may be issued.

(Ord. 1219, 7/18/2024)

The hours of operation for any nonresidential special event shall be set forth in the subject permit and permittee shall comply with any noise, traffic and other restrictions regarding the special event's hours of operation.

(Ord. 1219, 7/18/2024)

The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the nonresidential special event do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the property.

(Ord. 1219, 7/18/2024)

A permittee may be required to meet any other condition prior to receiving a permit to conduct a special event which the city manager or designee has reasonably calculated as being necessary to protect the health, welfare and property of local residents and persons attending the nonresidential special event.

(Ord. 1219, 7/18/2024)

When the city manager or designee certifies that all pre-special event permit conditions have been met, he or she shall issue a special event permit specifying the name and address of the permittee, the kind of special event permitted and the number of hours of operation authorized. No special event permit issued pursuant to this chapter shall be transferable.

(Ord. 1219, 7/18/2024)

A. The city manager or designee may deny issuance of a permit if he or she finds any of the following:

1. That the applicant fails to meet the conditions imposed pursuant to this chapter;

2. That the proposed special event as conditioned will be conducted in a manner or location not meeting the health, fire, or building and safety standards established by this code or other ordinances of the city or laws of the state;

3. That the applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the current or any prior permit application or in any other document required pursuant to this chapter;

4. That the applicant, or any of the applicant's employees, agents, or any person connected or associated with the applicant as a partner, director, officer, associate, or manager has previously conducted a similar type of special event that resulted in the creation of a public or private nuisance;

5. That the special event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage;

6. That the applicant has failed to conduct a previous special event in accordance with law or the terms of a permit, or both;

7. That written complaints from the record owners of parcels within 500 feet of the proposed special event venue have been submitted to the city regarding a special event held at the same venue in the previous 12 months;

8. That the proposed special event venue is subject to a pending code enforcement proceeding action initiated by the city; or

9. That the applicant or owner has held an unpermitted special event within the last 24 months.

B. If an application is denied, the city manager or designee shall mail to the applicant by certified mail, return receipt requested, written notice of denial which shall include a statement of the reasons the application was denied.

(Ord. 1219, 7/18/2024)

The city manager's decision may be appealed to the planning commission pursuant to Chapter 17.76 Appeals, for a final decision which shall not be appealable to the city council.

(Ord. 1219, 7/18/2024)

The following acts shall be prohibited:

A. Conducting, operating or participating in a special event which requires a permit under this chapter, but for which a nonresidential special event permit has not been issued;

B. Selling tickets or advertising or promoting a special event for which a nonresidential special event permit is required under this code but a permit application has not been submitted;

C. Operating or conducting a special event in such manner as to create a public or private nuisance;

D. Allowing any person on the premises where a permitted special event is being held to cause or create a disturbance in, around, or near any place of the activity by disorderly conduct;

E. Allowing any person to consume, sell, or be in possession of intoxicating liquor in, around, or near the place where the special event is held, except where such consumption or possession is expressly authorized under the laws of the state;

F. Allowing any person at the permitted special event to use, sell, or be in possession of any narcotic or dangerous drug while in, around, or near a special event venue;

G. Failing, neglecting or refusing to pay the city the fee required by this chapter or city council resolution;

H. Failing, neglecting or refusing to fulfill any or all of the conditions imposed pursuant to this chapter;

I. Allowing the special event to be conducted in a manner which violates any law or regulation established by the laws or ordinances of the city or the laws of the state;

J. Using or discharging fireworks or other explosive devices, such as, but not limited to, firecrackers, without specific approval by the city council;

K. Using, controlling or flying unmanned aircraft systems, commonly known as drones during the nonresidential special event, unless permitted by the nonresidential special event permit.

(Ord. 1219, 7/18/2024)

A. Additional Conditions. A violation of any provision of this chapter by the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject special event shall authorize the city manager, or designee, to impose additional conditions on a current or subsequent special event permit to ensure that any potential additional violations are avoided.

B. Permit Modification, Suspension and Revocation. Unless otherwise provided in this chapter, a violation of any provision of this chapter, or condition in a special event permit, by the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject special event shall constitute grounds for modification, suspension and/or revocation of a special event permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Chapter 14.170 (Permit and License Suspension, Modification and Revocation Procedures) of Title 14 of this code.

C. Notice of Violation. The city may issue a notice of violation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject special event pursuant to Chapter 14.70 (Notice of Violation) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.

D. Administrative Citation. The city may issue an administrative citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject special event, pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.14.160 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an administrative citation upon the occurrence of the same offense on a separate day. Unless otherwise provided herein, any person issued an administrative citation pursuant to this chapter shall for each separate violation be subject to the following fines: (1) an administrative fine in an amount not to exceed $1,000 for the first citation; (2) an administrative fine in an amount not to exceed $2,000 for a second citation issued for the same offense within a 12-month period of the date of the first offense; and (3) a fine in an amount not to exceed $4,000 for a third and any subsequent citation issued for the same offense within a 12-month period of the date of the first offense.

E. Infraction. The city may issue an infraction citation to the applicant or permittee or their respective agents or representatives, vendors, attendees or other persons permitted to attend or participate in the subject special event, pursuant to the provisions set forth in Chapter 14.100 (Infraction Violations) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.14.160 of this chapter, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day. Unless otherwise provided herein, any person convicted of an infraction shall, for each separate violation of this chapter be subject to: (1) a fine in an amount not to exceed $1,000 for a first conviction of an offense; (2) a fine in an amount not to exceed $2,000 for a second conviction of the same offense within a 12-month period of the date of the first offense; and (3) a fine in an amount not to exceed $4,000 for the third conviction of the same offense within a 12-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a 12-month period of the date of the first offense shall be $8,000.

F. Public Nuisance. It shall be a public nuisance for any person to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Chapter 14.120 (Notice of Public Nuisance and Order to Abate and Appeal Procedures) of this code, including, but not limited to, the imposition of any and all fines and penalties set forth therein, or in Section 5.14.160 of this chapter.

G. The above remedies shall apply to any violation of this chapter, including, without limitation, engaging in any prohibited acts identified in Section 5.14.140 of this chapter.

(Ord. 1219, 7/18/2024)

A. Not Possessing a Nonresidential Special Event Permit. If the condition, operation, or conduct of a nonresidential special event becomes known to the city's law enforcement agency or the city's code compliance division that involves an event, activity or conduct that requires a nonresidential special event permit which has not been obtained or issued, the city may impose a fine of $5,000 on the owner of the subject property for the first offense and $10,000 for any subsequent offense committed.

B. If the condition, operation, or conduct of an unpermitted nonresidential special event is not corrected within one hour of initial contact and issuance of citation, the city may impose a $10,000 fine every hour thereafter until the complaint is corrected.

C. The special fines described herein apply to any violation of this chapter, including, without limitation, engaging in any prohibited acts identified in Section 5.14.140 of this chapter.

(Ord. 1219, 7/18/2024)