Suisun City Municipal Code Ch. 12.32 Special Events Permits

A permitting process to meet the city's current and future needs for regulating the use of public spaces to conduct special events.

(Ord. No. 781, § 2, 4-6-2021)

"Amplified sound" means music or speech projected or transmitted by electronic equipment, including, but not limited to, an amplifier, loudspeakers, or similar devices.

"Annual event" means an event recurring each year at approximately the same date.

"Applicant" means the event sponsor or the sponsor's authorized agent who completes the permit application and acts as primary contact for a special event.

"City-partnered event" means an event organized and run by a non-profit organization in conjunction with the city, where the city provides sponsorship or partnership and retains control over how the event(s) is run and/or publicized. Examples include events in conjunction with the Business Improvement District, Rotary, Friends of SC Recreation, etc.

"Director" means the director of Suisun City recreation, parks, and marina, and shall include their designee.

"Event participants" means persons in attendance at an event, including spectators, vendors, event staff, city staff, and all others present for the purpose of the event. Any persons in attendance at an event for the purpose of protesting the event shall not be considered event participants.

"Fair/carnival" means a traveling enterprise offering amusements, or a gathering of buyers and sellers, held at a temporary location for one or more days.

"Free speech" means speech and expressive conduct protected by the First Amendment of the United States Constitution or by Article 1, Section 2 of the California Constitution.

"Free speech special event" means an event at which the expression of free speech rights is the principal purpose of the event, and that satisfies one or more of the following:

1. The event requires the use of amplified sound;

2. The event may interfere with traffic or obstruct ingress or egress to a property or structure; or

3. The event will use a structure or equipment that requires a health and safety inspection. Examples of free speech special events include, but are not limited to: a protest, speech, or rally that requires traffic control; street performers; parades.

"Mixed free speech special event" means an event that has both a free speech component and a commercial component, or that is open to the public for entertainment or cultural purposes; mixed free speech special events are not dependent on current events and require time and logistical support to organize and include, but are not limited to:

1. A circus;

2. Outdoor theater;

3. An art fair.

"Parade" means a public procession, typically celebrating a special day or event and including marching bands and floats, in the public right-of-way.

"Race/run" means an organized competitive event upon a public street, sidewalk, walkway, or other publicly owned property including city parks, in which persons participate by walking, running, riding a bicycle, or operating a wheelchair.

"Recurring event" means an event that will occur repeatedly within a one-year period.

"Special event" means any one-time, recurring, or annual event that:

1. Is likely to have an attendance of 50 or more people;

2. Will use amplified sound;

3. May interfere with traffic, ingress, or egress to any building or property; or

4. Will entail structures or equipment that require health and safety inspections.

Special events include, but are not limited to:

1. Commercial events (e.g., a fair, carnival, farmers market);

2. Organized athletic events (e.g., races, runs, soccer games, baseball games);

3. Community events (e.g., beach/park clean up, sandcastle building contest, a hike or nature walk);

4. Free speech or mixed free speech special events.

"Sponsor" means the person or group responsible for or organizing the special event.

"Spontaneous event" means a free speech event occasioned by news or events coming into public knowledge four or fewer business days prior to such event.

"Transportation management/parking plan" means a plan developed by the special event sponsor to identify and mitigate traffic/parking impacts associated with a special event.

(Ord. No. 781, § 2, 4-6-2021)

A. Special events on public property, including mixed free speech events, require a special event permit, pursuant to Sections 12.32.040 (Special Event Permit Application) and 12.32.050 (Processing of Special Event Permit Applications). Special event permits and free speech special event permits shall be issued and enforced by recreation, parks, and marina.

B. Free speech special events on public property require a free speech special event permit and shall be subject to the alternative permitting provisions of Section 12.32.060 (Free Speech Special Event Permit Application).

C. The following shall not be required to obtain special event or free speech special event permits:

1. City-partnered events, which are subject to the application procedures found in the City Partnership Policy and Application, which will be used to create a memorandum of understanding (MOU) that outlines all special events that the official partner will be promoting. Any special events not outlined within the MOU will cause the partner to update the current MOU with the city to include the new event(s).

2. Spontaneous events.

D. Any additional permits that may be required by technical codes (the California Building, Electrical, etc. Codes) or the California Fire Code must be applied for separately with the appropriate city department.

(Ord. No. 781, § 2, 4-6-2021)

A. An application must be submitted to the city by the special event's sponsor along with an application fee.

B. Application Form and Contents. An application for a special event permit or free speech special event permit shall be on a city form and signed by an applicant who is at least 18 years of age, and contain all of the following information:

1. The name, address, email address, and daytime telephone number of each of the following:

a. The applicant and the sponsor, if different from the applicant (also include evening telephone number);

b. An alternate person to contact 24/7 if an emergency arises and the applicant or sponsor is unavailable;

c. If applicable: The president, chair or other head of the sponsor organization; nonprofit documentation (also include written documentation of the authority under which the applicant is applying on behalf of the organization); and

d. The person who will be present and in charge of the event on the day of the event and their contact information during the event.

2. The requested event date, including the dates and times for set-up and clean-up, and the starting and finishing time of the event. Also include two alternative dates.

3. The estimated number of participants.

4. A site plan identifying the proposed event and staging locations, including specific street closures or street routes, if any, or park area requested and parking areas.

5. A site map showing emergency exit routes.

6. Any city equipment or personnel requested.

7. A description of the planned event.

8. A description of how the event will be promoted and any prior history of promotions for similar events, including references.

9. The proposed distribution or sale of any food or beverage, including alcoholic beverages. If alcoholic beverages are included, provide all applicable licenses and registrations allowing the sale of alcoholic beverages at the event.

10. The type and estimated number of vehicles, animals, or structures that will be used.

11. A description and location of any sound amplification equipment proposed to be used.

12. The location of electrical generators, stages, tents, canopies, cooking apparatus and lights.

13. The location of mechanical rides, jump houses, or other amusement attractions.

14. The location of any water, first aid, or comfort station(s) to be provided.

15. A preliminary security plan and any monitors to be employed during the event.

16. Any other information which the director reasonably requires to evaluate the particular special event permit application. In addition, the director can waive application requirements that the director determines are inapplicable.

17. A parking and transportation plan as deemed necessary by the director, based on the anticipated number of participants and the availability of parking at the proposed location.

18. Recurring Events. For recurring events, also include the following information:

a. The frequency of the proposed recurring event, including if available a schedule with proposed dates and times. Proposed schedules may be submitted as soon as available, but no later than 60 days prior to the start of the events.

b. The minimum and maximum number of participants for each event.

19. Parades. For each application for a parade, provide:

a. The time when the units of the parade will begin to assemble;

b. The proposed assembly point for the parade;

c. The proposed parade route;

d. The interval space to be maintained between units of the parade; and

e. The number, type and size of floats or other vehicles.

20. Commercial or mixed free speech events. For each application for a commercial or mixed free speech event, submit a layout showing the locations of booths, stages, audience, tables and chairs, food court, portable bathrooms, emergency exits.

(Ord. No. 781, § 2, 4-6-2021)

Special event permits will be processed based on the following:

A. Submission Timelines.

1. Special Events. An application for a special event permit shall be filed at least 60 days prior to the date of the proposed special event

2. Recurring Special Event Permits. Notwithstanding anything to the contrary in subsection A.1, above, a special event permit application for recurring events must be submitted no later than 60 days prior to the start of the recurring special events. These permits shall only authorize the same type of recurring event during the year, and is not intended to be a blanket event permit for the applicant or sponsor.

3. Requested dates and times at specific locations shall be reserved on a first come first served basis. If the date or time requested is not available, the director shall inform the applicant within 21 business days and shall suggest alternative dates and times. Applications for events occurring more than 12 months from the date of the application shall not be accepted.

B. If appropriate, the director shall meet with the applicant or sponsor to review the application to determine whether additional information is required and discuss applicable conditions and potential security fees.

C. The director shall make a decision on the application, set any conditions and fees, and issue the permit. The director shall make a decision on the permit shall be made within 21 days following the submission of a completed application.

D. In deciding whether to approve, or approve with conditions, the director shall make each of the following findings:

1. The special event, as proposed, does not pose a threat to health and safety.

2. The use of police and/or fire resources to support the event will not deny reasonable sheriff and fire protection to the city.

3. The special event will not adversely interfere with previously city-approved and/or scheduled construction, maintenance or other activities.

4. The special event will not adversely impact the health or safety of surrounding properties; or the impacts can be significantly mitigated by way of reasonable permit conditions. Adverse impacts include, but are not limited to, noise, traffic, parking, trash, and damage to public property, infrastructure, or facilities.

5. There will be negligible adverse impact on the condition of parks and open space areas; proposed mitigation by the event sponsor will be considered.

6. The special event shall not adversely impede the public's reasonable use of city streets, sidewalks, walkways, pathways, and city parks.

E. Conditions.

1. The director may include in a special event permit reasonable terms or conditions as to the time, place, and manner of the event, notice requirements, compliance with health and sanitary regulations, emergency services, security payment of the special event permit fee, reimbursement of direct expenses incurred by the city, and a clean-up/damage deposit.

2. Additional permits or security fees may be required by other state or federal agencies or federal, state, or local laws.

3. In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use streets or parks, the conditions may include, but not be limited to, reasonable adjustments in the date, time, route, or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; accommodations of public access to city parks, and the city's pathways; and limitations on the duration of the event.

4. A notice issued by the city for a special event permit shall be mailed to property owners located within a 200 foot radius of a fixed event site, a parade route, or a run/race route describing the event and inviting the public to comment. The applicant shall cover the cost, including postage, for the notice. The notice shall be mailed by first class mail at least ten days before the date of a small event (fewer than 100 people), and at least 20 calendar days the date of a large event (more than 100 people).

5. Conditions relating to the use of amplified sound to minimize the interference with the quiet enjoyment of neighboring properties.

6. Conditions relating to maintaining the public property in the same or better condition after the special event. Conditions may address collection of trash, access to rest facilities, etc.

7. The director may require a special event permit sponsor to reimburse the city for the cost of repairs or habitat remediation needed because of the special event.

F. Recurring Events. The director may require a trial period before approving all planned events. In no case shall recurring events be authorized for more than one year at the time of application.

G. An application for a special event permit can be denied on any of the following grounds:

1. Applicant's provision of false or misleading information;

2. Conflict with other planned events in the area;

3. Previous special event permit violations by the applicant or sponsor;

4. Inability to make all the findings for approval set forth above;

5. Exceeding special event attendance limits for a particular location; or

6. The location or park site requested is not eligible for special events.

H. CEQA Review. The director will perform an environmental review of the proposed special event.

(Ord. No. 781, § 2, 4-6-2021)

A. The following application procedures apply to a free speech special event only. Parades and mixed free speech events shall be subject to the special event permit provisions of Section 12.20.040 (Special Event Permit Required) and 12.20.050 (Processing of Special Event Permit Applications) due to their size and the logistical requirements of such events.

B. A free speech special event requires a free speech special event permit when the proposed event may impede, obstruct, impair or interfere with the free use of any public street, highway, alley, sidewalk, or other public right-of-way, or with ingress or egress to the same; or if the event will have a likely attendance of 150 people or more.

C. A free speech special event permit is not required for spontaneous events. The sponsor of a spontaneous event shall provide the director with advance notification to the extent practicable, as well as the following information: the type of event; the date, time, and duration of the proposed event; the location of the event and/or route, including which public spaces or public rights-of-way may be obstructed or closed; and anticipated participation.

D. A free speech special event application shall include the following information:

1. A description of the proposed event;

2. The street or other public property and the specific area or areas thereof to be utilized in connection with the proposed event;

3. The manner in which the public property will be utilized;

4. The date or dates and the specific times of the proposed event, including set-up and tear-down;

5. The name, address and telephone number of the sponsor of the proposed event;

6. The name, address and telephone number of the person or persons to be contacted regarding the application or the permit;

7. Anticipated participation, including any animals that may be in attendance.

E. Application Timeline. The applicant shall file a complete application for a free speech special event permit with the director as soon as possible, but no later than five business days before the proposed event.

F. Director's Decision. The director shall render a decision in accordance with the findings set forth herein within two business days following the filing of the completed application.

1. The event, as proposed, will not pose a threat to health and safety;

2. The use of police and/or fire department resources to support the event will not deny reasonable police and fire protection to the city;

3. The event will not interfere with previously city-approved and/or scheduled construction or maintenance, or with a previously permitted special event;

4. No consideration was given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or message conveyed by the event;

5. There will be minimal or no adverse impact on the condition of parks and open space areas; proposed measures to mitigate any adverse impacts shall be taken into consideration.

G. Notification of Decision. The director shall notify the applicant in writing (and orally, if possible) of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the director shall propose an alternative to the applicant. Any conditions shall be directed to address health and safety concerns only.

H. Applicant's Acceptance. The applicant shall notify the director in writing of their acceptance forthwith after written notice of the decision. Once the applicant submits a written acceptance of the director's decision, the free speech special event permit shall be approved and the director shall notify the city council and the city manager that the permit has been issued.

I. Free speech special events will not be required to comply with any of the following as a condition of receiving a permit:

1. Any fee or charge required by the city.

2. Any insurance or proof of insurance covering the free speech event, its organizers, or participants, including the requirements of Section 12.20.110 (Insurance Requirements for Special Events).

3. Any requirement of indemnification or agreement to hold harmless, including the requirements of Section 12.32.100 (Hold Harmless).

J. Appeal. Any decision relating to the issuance of a free speech special event permit may be appealed to the city manager. The appeal must be in writing and must be submitted to the city manager's office within two business days of the director's decision. The city manager shall decide the appeal within one business day. The city manager's decision shall be final, and shall refer to Section 1094.8 of the Code of Civil Procedure.

K. Judicial Review. Decisions regarding a free speech special event permit are eligible for expedited judicial review pursuant to Section 1094.8 of the Code of Civil Procedure.

(Ord. No. 781, § 2, 4-6-2021)

A Special event permit can be revoked by the director for any of the following reasons:

A. Failure to comply with any permitting requirements or conditions of approval;

B. Knowingly providing false, misleading, or fraudulent information;

C. Failing to pay required fees, charges, or deposits;

D. Failing to agree to the indemnification provisions or failing to provide proof of insurance to the extent required; or

E. The event materially changes after a permit has been approved.

(Ord. No. 781, § 2, 4-6-2021)

A. Special event permit fees and charges, including late fees, are established by resolution of the city council. The application fee must be submitted with the application. Other costs for city services (e.g., police, fire, building, clean-up charges) shall be invoiced to the applicant no later than ten days after the expiration date of the permit. The applicant shall pay all fees and charges within 30 days of invoice otherwise late fees shall apply.

B. Waivers. Any and all requests for fee reductions or waivers must submit a fee waiver request to the director.

1. Permits for nonprofit and educational events, may be subject to reduced or waived fees, as determined by city council resolution.

2. A hardship waiver may be applied by any individual or entity who is unable to pay the application fee. A hardship waiver application shall be made at the time of submission of the permit application and shall be accompanied by such relevant information and documentation as may be reasonably necessary to verify such status. Hardship for an individual shall include, but not be limited to:

a. A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code;

b. A person whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.

(Ord. No. 781, § 2, 4-6-2021)

A. A decision regarding a special event permit application may be appealed in writing to the city manager within ten days of the director's decision.

B. The city manager shall make a decision on the appeal within ten days of receipt of the appeal.

C. The decision of the city manager shall be final, and is subject to judicial review pursuant to Section 1094.5 and 1094.6 of the Code of Civil Procedure.

(Ord. No. 781, § 2, 4-6-2021)

As a condition to the issuance of a special event permit under this chapter, the applicant/sponsor shall agree to defend, indemnify, and hold harmless the city, its elected and appointed officials, employees and agents, against losses and liabilities incurred from the conduct of the permittee, or its officers, employees, and agents, or claims or liabilities caused by, or arising out of any activities authorized by any such permit.

(Ord. No. 781, § 2, 4-6-2021)

The applicant shall provide general liability insurance naming the city, its elected and appointed officials, employees, and agents, as an additional insured. Limits of coverage will be determined by the city attorney's office at the time of application. Certificates of insurance are to be submitted to the city for approval 14 calendar days prior to the day of the event. Acceptability of insurance is subject to approval by the city's risk manager. This requirement does not apply to free speech events.

(Ord. No. 781, § 2, 4-6-2021)

A. Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to Chapters 1.08 (General Penalty) as infractions, and 1.20 (Administrative Citations) of this code, as well as any other remedies available to the city at law or equity. Unauthorized use of city water is punishable by a civil fine in an amount set by city council resolution.

B. In addition to the penalties provided for in Chapters 1.08 (General Penalty) and 1.20 (Administrative Citations) of this code, sponsors, applicants, or participants of an event may be cited and/or ejected from the public property for violations of this chapter, or other unlawful conduct, after notice and an opportunity to cure the violation.

(Ord. No. 781, § 2, 4-6-2021; Ord. No. 808, § 14, 12-5-2023)