San Jose Municipal Code Part 2 Downtown Special Events

A. Any person seeking to have a public or private event declared to be a downtown special event shall apply to the director for such a declaration no less than ninety days prior to the event.

B. The director shall declare a public or private event in the downtown authorized by the department to be a downtown special event within a reasonable period of time after the applicant submits a completed application to the director, but in no event later than the date specified in Section 6.55.240.

C. At the same time the director designates a proposed public or private event as a downtown special event, the director shall further specify the special event boundary within which the event shall occur and the times and dates of the event, subject to the event organizer having obtained all required authorizations and permits.

(Ord. 28535.)

All approved location permits issued pursuant to Chapter 6.54 of the code for approved locations within the designated special event boundary shall be suspended for the duration of any downtown special event. If any such permit holder peddles at the alternative approved location designated in the permit, the permit shall only be suspended in part, as applied to the primary approved location, and shall remain in full force and effect as applied to the alternative approved location.

(Ord. 28535.)

No person holding a peddler's permit issued pursuant to Chapter 6.54 of the code may peddle within the designated special event boundary for the duration of any downtown special event unless the holder of a peddler's permit has a written agreement with the event organizer to participate in the downtown special event.

(Ord. 28535.)

Any person holding an approved location permit issued pursuant to Chapter 6.54 of the code within the special event boundary who does not participate in the downtown special event may peddle at the alternative approved location designated in his or her approved location permit in compliance with all terms and conditions of the permit, if the alternative approved location is not also within a special event boundary.

(Ord. 28535.)

A. No later than thirty days prior to the downtown special event, the director shall provide notice of the times and dates on which the downtown special event will occur and the special event boundary within which the downtown special event will be held to all persons having current approved location permits issued pursuant to Chapter 6.54 of the code within the area declared to be the special event boundary.

B. Such notice shall be mailed by first class mail to the approved location permittee at the address listed on the permit.

C. Such notice shall advise all persons with approved location permits for locations within the special event boundary that during the term of the downtown special event, their permits are suspended for peddling within the special event boundary listed in the director's notice, but they may peddle at the alternative approved location designated in their respective permits, if the location is not also within a special event boundary.

D. The notice shall further state that persons with approved location permits issued pursuant to Chapter 6.54 of the code who have an approved location within the special event boundary designated by the director for a downtown special event pursuant to Section 6.55.200C. shall be given the same opportunity to participate in the downtown special event as the event organizer offers to its own vendors subject to the exceptions specified in Section 6.55.260. The notice shall include the name, address and telephone number of the event organizer.

(Ord. 28535.)

A. The event organizer shall provide persons with valid approved location permits, issued pursuant to Chapter 6.54 of this code, who have an approved location within the special event boundary designated by the director for a downtown special event pursuant to Section 6.55.200C., the same opportunity to participate in a declared downtown special event as the event organizer offers to its own vendors.

B. If the director determines that the event organizer has not complied with Subsection A., the event organizer shall not be eligible to apply for a declaration of a downtown special event for twenty-four months following the date on which the director makes the determination. If the director determines there are grounds for this determination, the following process shall apply.

1. The director shall send to the event organizer written notice of the director's proposed determination of ineligibility for a downtown special event declaration for noncompliance with Subsection A. The notice shall advise that the determination shall become final unless the event organizer files a written objection with the director within the time period specified in Subsection B.2.

2. The written objection must be received by the director within ten calendar days of the date of service of the notice of proposed determination. If a written objection is not received within this time period, the proposed determination shall become final.

3. If a written objection is received within the time period specified in Subsection B.2., the director shall send written notice of the director's final determination within a reasonable period of time after receipt of the objection.

4. The decision of the director shall be final.

(Ord. 28535.)

Notwithstanding Section 6.55.250, the event organizer shall not be required to provide approved location peddlers an opportunity to participate in the downtown special event if: (a) the event equipment and structures take up all available space within the special event boundary; (b) the event organizer does not have or allow any vendors at the downtown special event; or (c) the downtown special event is a private function not open to the general public.

(Ord. 28535.)

The event organizer shall have control over the terms and conditions under which persons chosen to provide vending services will operate at a downtown special event including, but not limited to, products sold, hours of sale, fees and vendor locations.

(Ord. 28535.)

A. It shall be unlawful for a person to place any booth, table, chair, stool, object, structure, vehicle, or piece of equipment in any public area located within a designated special event boundary for which an event organizer has been issued a permit without the consent of the event organizer.

B. This section shall not apply to persons acting under the direction or control of the city.

(Ord. 28535.)