Sacramento Municipal Code Art. III Use of the Plaza

A. The Plaza is available Monday through Friday for Plaza events held in accordance with Plaza event permits. The time, place, and manner of Plaza events must not interfere unreasonably with the conduct of city business. In addition, city business, programs, and activities have priority use of the Plaza.

B. The Plaza may be reserved for a Plaza event by obtaining a Plaza event permit. To obtain a Plaza event permit, an applicant must complete a form provided by the city manager.

C. An application for a Plaza event permit must be accompanied by a nonrefundable application fee in an amount established by resolution of the city council to defray the costs of reviewing the application and processing the permit. In addition, as a condition for issuance of a Plaza event permit, the applicant must submit the following fees in the amounts established by resolution of the city council:

1. A fee for city staff costs to monitor the permittee's compliance with the Plaza event permit, in an amount the city manager determines to be required for the Plaza event.

2. A fee for utility costs and for police, fire prevention, and solid waste services, in an amount the city manager determines to be required for the Plaza event. The city manager may not include in the fee the cost of police officers who are present to protect event attendees from persons who disagree with the expressive content of the event or to provide general law enforcement in the vicinity of the event.

3. A deposit for damage to the City Hall facility or other city property that may be caused by the Plaza event, in an amount the city manager determines to be required for the Plaza event given the estimated number of event attendees and the equipment to be used in the event.

D. A Plaza event permit is not required for a protest, demonstration, or assembly that is conducted in compliance with Section 12.74.030.

E. A person or organization may not receive more than one Plaza event permit each month. (Ord. 2012-040 § 1)12.74.050

The fees and deposit required under subsection C of Section 12.74.050 are not refundable if a permittee cancels a Plaza event unless one of the following applies:

A. If, at least fifteen (15) days before the scheduled date of the Plaza event, the permittee submits to the city manager a written notice that the Plaza event is cancelled, then the permittee is entitled to be reimbursed only for the deposit required under subsection (C)(3) of Section 12.74.050 and for those fees required under subsections (C)(1) and (C)(2) of Section 12.74.050 that are not needed to offset costs the city has already incurred as of the date the notice is received.

B. If, at least three days before the scheduled date of the Plaza event, the permittee submits to the city manager a written notice that the Plaza event is cancelled, and if the permittee reschedules the canceled Plaza event for a date that is no more than six months after the scheduled date of the canceled Plaza event, then the fees and deposit paid for the cancelled Plaza event will be applied against the fees and deposit required for the Plaza event permit issued for the rescheduled Plaza event. (Ord. 2012-040 § 1)

A. As a condition for issuance of a Plaza event permit, an applicant must submit evidence of general liability insurance coverage, which must be maintained at no cost to the city, and which must satisfy all of the following:

1. The coverage must be at least as broad as ISO CGL Form 00 01 and must be provided on an occurrence basis for bodily injury (including death) of one or more persons, property damage, and personal injury.

2. The policy limit for each occurrence must be in an amount the city's risk manager determines to be appropriate for the risks inherent in the Plaza event.

3. The policy must cover all losses and damages specified in subsection C of this section.

4. The policy must be endorsed to provide that the city and its officers, employees, and agents are named as additional insureds.

5. The policy must be endorsed to stipulate that it will operate as primary insurance and that no other insurance covering the city or any other named insured will be called on to contribute to a covered loss.

B. The insurance coverage required by this section must be in full force and effect at all times during the Plaza event.

C. By applying for and accepting a Plaza event permit, an applicant agrees to indemnify, defend, protect, and hold harmless the city and the city's officers, employees, and agents from and against all liabilities, claims, demands, damages, and costs (including reasonable attorneys' fees and litigation costs through final resolution on appeal) that arise in any way from the Plaza event or the Plaza event permit and are caused in any way by the acts or omissions of the applicant; the applicant's officers, employees, or agents; or any other person or organization that co-sponsors the Plaza event, including the officers, employees, or agents of that person or organization. (Ord. 2012-040 § 1)

A. The city manager shall act on all complete applications as follows:

1. The city manager shall issue Plaza event permits on a first come, first served basis, subject to the applicant's compliance with the permit application requirements and other provisions of this chapter, and based on the understanding that the city may cancel the Plaza event if the Plaza is needed for city business. The city is not liable for any damages a permittee or anyone else may incur if the city cancels a Plaza permit.

2. If the city manager receives an application at least sixty (60) days before the proposed date of the Plaza event, then the city manager shall act on the application and notify the applicant of that action, in writing, not later than forty-five (45) days after the application is received.

3. If the city manager receives an application less than sixty (60) days before the proposed date of the Plaza event, then the city manager shall act on the application and notify the applicant of that action, in writing, as soon as reasonably practicable, but the application will be deemed denied if the city manager does not act by 5:00 p.m. on the third day before the proposed date of the Plaza event.

4. The city manager may impose any conditions on the approval of the application for a Plaza event permit that he or she determines to be reasonably necessary to protect the public health, safety, or welfare, subject to the following: the city manager shall not deny or condition a Plaza event permit based on the identity of the applicant, the content of the applicant's speech, the message conveyed by the Plaza event, or any assumption or prediction about public hostility that may be aroused by the applicant's speech or the message conveyed by the Plaza event.

B. After the city manager issues a Plaza event permit, any changes in the related application may require modification of permit conditions or revocation of the permit.

C. An application for a Plaza event permit may not be submitted earlier than six months before the proposed date of the Plaza event. (Ord. 2012-040 § 1)12.74.080

The city manager may deny an application for a Plaza event permit or revoke a Plaza event permit for any of the following reasons:

A. The applicant or permittee failed to comply with this chapter or the city manager's regulations implementing this chapter.

B. The permittee failed to carry out the Plaza event in accordance with the permit application.

C. The permittee failed to comply with the conditions of the Plaza event permit, including failure to pay applicable fees or to provide indemnification, an insurance certificate, or a security deposit as required; failure to comply with any other permit requirements or conditions; or failure to comply with licensing requirements for the activities to be conducted as part of the Plaza event.

D. The applicant or permittee made a false statement or misrepresented any material fact in any application for a Plaza permit event, including the current application.

E. The applicant or permittee failed to comply with a Plaza event permit issued within the three years before the date of the current permit application.

F. The applicant or permittee has damaged city property and has not paid the city in full for the damage.

G. The proposed use is prohibited by law.

H. The Plaza or any substantial portion of the Plaza is not available because of fire, casualty, acts of God, maintenance activity, or public emergency.

I. The proposed Plaza event, as designed, will unreasonably impede, obstruct, impair, or interfere with public access to City Hall or Historic City Hall, and the applicant or permittee will not agree to redesign the proposed Plaza event so as to ensure public access.

J. After issuing the Plaza event permit, the city manager discovers that the Plaza event will conflict with a city program or activity or a previously scheduled Plaza event. (Ord. 2012-040 § 1)

An applicant or permittee may appeal to the city council, in accordance with Chapter 1.24, the city manager's action on an application for a Plaza event permit or the city manager's revocation of a Plaza event permit, as follows: the appeal must be brought in accordance with Chapter 1.24, and the applicant or permittee must file a notice of appeal with the city clerk, accompanied by an appeal fee in an amount set by resolution of the city council, within ten (10) days after: (1) the date the applicant or permittee receives written notice of the action or revocation; or (2) the date the application is deemed denied under subsection (A)(3) of Section 12.74.080. (Ord. 2012-040 § 1)

The city manager or designee may adopt administrative regulations and application forms that are consistent with this chapter and further its purpose. (Ord. 2012-040 § 1)

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