Chapter 6.62 — EVENT PROMOTERS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 28317.)

"Person" shall have the definition given in Section 1.04.020 of this Code.

(Ord. 28317.)

"Event" means any activity requiring a permit under Chapter 6.58 (public dancehalls) or Chapter 6.60 (public entertainment permit) of this Code.

(Ord. 28317.)

A.

"Event promoter" means any person who:

Is directly or indirectly responsible for the promotion of an event as evidenced by activities such as, but not limited to contracting with the principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on-site representative while the event is occurring as provided in Section 6.62.350 of this chapter; and

In exchange for engaging in the promotion of the event, as described in Section 6.62.040A.1., directly or indirectly receives or shares in any of the following:

a.

Admission or entrance fees paid by participants or spectators;

b.

Compensation, consideration or other revenue from sponsors, private donors or managers and/or owners of the event site; or

c.

Revenues from concessions or other sales at the event.

B.

Event promoter does not include any of the following:

A print, broadcast or internet medium that is paid solely for page space or broadcast time to advertise an event, but exercises no other financial or promotional responsibilities in connection with the event;

A ticket seller who sells admission tickets to an event from its own place of business, off-site and in advance of such event, but exercises no other financial or promotional responsibilities in connection with the event;

An entertainer or performer who is paid solely for his or her performance at an event;

An agent of an entertainer or a performer who is compensated solely for negotiating his or her client's contract to perform at an event;

Any person permitted or licensed under Chapter 6.58 or Chapter 6.60 of this Code that engages in event promoter activities for events that the person's permit or license authorizes;

An employee of any person permitted under Chapter 6.58 of this Code who, in the course of his or her employment, promotes events that are authorized under the permit issued to his or her employer;

An employee of any person permitted or licensed under Chapter 6.60 of this Code who, in the course of his or her employment, promotes events that are authorized under the permit or license issued to his or her employer;

An employee of any person permitted under this chapter who, in the course of his or her employment, promotes events that are authorized under the permit issued to his or her employer; or

An agent, officer, or employee of the City of San José who engages in event promoter activities exclusively for the City of San José in the course of his position as an agent, officer or employee.

(Ord. 28317.)

Part 2 - GENERAL PROVISIONS

A.

It shall be unlawful for:

Any event promoter to engage in event promotion activities in the city without first having obtained an event promoter permit from the chief of police; and

Any person to have more than a ten (10) percent interest, legal or equitable or otherwise, in any event promotion business without first having obtained an event promoter permit from the chief of police.

B.

An event promoter permit issued to an event promoter business may also serve as the required event promoter permit for any event promoter who is also the person who applied for the event promoter permit on behalf of the business entity.

(Ord. 28317.)

A.

An event promoter shall not be subject to the requirements of Section 6.62.200 if the following conditions are met:

The event promoter and the owner or operator of the site where the event is scheduled to occur have mutually agreed, by written contract, that the owner or operator of the event site shall be liable for the following:

a.

All claims, losses or liabilities, except contract claims, that arise out of the promotion of the event;

b.

Any violation of any licenses or permits required for the event;

c.

Any violations of this Code that arise out of the promotion of the event; and

d.

Any violations of any other applicable laws that arise out of the promotion of the event.

The owner or operator of the site where the event is scheduled to occur is either permitted or licensed under Chapter 6.58 or Chapter 6.60 of this Code for the site where the event is scheduled to occur; and

The event promoter and the owner or operator of the site where the event is scheduled to occur comply with the provisions of Section 6.62.390 of this chapter.

B.

A copy of the written contract required by Section 6.62.210(A)(1) shall be maintained in accordance with Section 6.62.340 of this chapter.

C.

A copy of the written contract required by Section 6.62.210(A)(1) shall be made available for inspection and copying upon request by the chief of police or any city official responsible for enforcing the provision of this Code.

(Ord. 28317.)