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5.d) Special Event Premit, Meister's Bar and Grill-Easter Egg Hunt Meeting Date: 3/15/2011 Agenda Item: �- �. City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve a Special Event Permit for Meister's Fifth Annual Easter Egg Hunt to be held on Apri123, 20l 1. Deadline/ Timeline: N/A Background: • Meister's Bar and Grill will be holding a Easter Egg Hunt on April 23, 2011. They have applied for a Special Event Permit under the provisions of Ordinance No. 115 which governs outdoor gatherings of at least 100 people. • This event was held last year but no permit was issued. Because the event includes amplified music, lasts more than an hour and is likely to attract over 100 people a permit has been requested for the 2011 event. • The event will last from 1:00 p.m. to 5:00 p.m. The application indicates that the entertainment will be the "Teddy Bear Band" or an alternate, playing from 2:30 p.m. to 4:30 p.m. • The ordinance allows no more than four amplified events at one location in any one calendar year. This would be Meister's first amplified event in 2011. (There is no limit on the number of non- amplified events.) • There will be no cover charge. They expect attendance of 100 to 200 people. Outdoor sanitary facilities will consist of 2 portable toilets. There will be no food or beverage service outside. • Parking will occur on site, available street parking and the back parking lot which is owned by the City. The City of Scandia is named as an additional insured on the liability policy because of the use of City property for parking. • It appears that all ordinance requirements have been met. Recommendation: Staff recommends that the following conditions be attached to the permit : 1. The event shall be held as described in the application received on February 24, 2011. 2. Any vendors present on the site shall possess sales and use tax permit if required by Minnesota law. 3. Any signs or banners shall comply with the Scandia Development Code. Page 1 of 2 03/10/11 Attachments/ • Special Event Permit Application Materials provided: . Release and Indemnification Agreement • Certificate of Liability Insurance Contact(s): Scot Taylor, Meister's Bar and Grill 763 433-5230 Prepared by: Anne Hurlburt, Administrator (Meister's 201 1 Easter Egg Hunt) Page 2 of 2 03/10/11 P�►I D �=�.� ? -, ��,�� � �S. ov - - CITY OF SCANDIA �����T��. � �� , 14727 209`h Street North �� "�,_ Scandia, Minnesota 55073 � (651)433-2274 �via�v.ci.sca��dia.mn.t�s Special Event Permit Application INSTRUCTIONS: Fill out this form completely,sign it and include ail required attachments. If additional space is needed,attach additional sheets. Submit to the City of Scandia at least 30 days prior to the date of the event with the$25.00 permit fee. You will be notified at the time of application of the date for City Council consideration of the request. 1. Name, purpose and description of event: 0 �� � ��� C�'r > � `� �1 C-�1'1�'�t�� �, �G.�� E� t^ _.,�� �j ._' � t f { ' Location address: L ,�(� � C�C1l���, � f� Date(s): � � " � � Event starting Time: � ��l"� ��"� Event ending time: `� , (�� �,/� T— Set-up start date and time: `"��� �� .C�i� (� it'1� Dismantle by-date and time: `�1��-`��J �/`1 Anticipated number of participants and/or spectators: �[j�j �-- �,�(� If there is a fee or donation reguired as a condition of �� attendance, please describe: 2. Attach sketch or site plan showing the location of the following as applicable: route(beginning/end, direction of travel, _ food concession areas (cooking, serving, traffic control points) consumption) _ ticketing/registration/entry locations _ alcoholic beverage concession area _ entertainment or stage locations _ other concession areas _ portable toilet facilities _ size and location of any tents or structures _ fencing iocations _ trash/recycling receptacle area _ parking areas for participants/ spectators _ fireworks or pyrotechnics site _ sign locations _ first aid facilities _ speaker(sound amplification) locations _ other as may be applicable Ciry of Scandia, Special Event Permit Application, Page 1 of 7 3. Applicant information: Name: ' � � � (� Title: �� ������� Address: � � � '��`� �� , � Phone: �� �-" �'� � � ! �� � Cell: c � ��-� -� �-- � � � E-Mail: f � Affiliation/organization: � � � `�� (��; Are you an authorized applicant for this organization? Yes �No Will this person have authoriry to cancel or modify event plans? Yes_�"No Will this person be present at the event and in charge of the event at all times? Yes �No If no,provide contact information for person who will be the responsible party on the day of this event Name: Title: Address: Phone: Cell: E-Mail: 4. Entertainment: Describe entertainment plans. If there will be music, sound amplification or any other noise impact, please describe including the intended hours. �-� � �. S' .��!� �C�v��, ` ,� t� '-��� 5. Sanitation/potable water: Describe the toilet and hand washing facilities present on the site (type, number& location)as well as temporary/portable facilities to be provided. Describe the source of potable (drinking)water. .. � > City of Scandia, Special Event Permit Application, Page 2 of 7 6. Parking and traffic control: Describe the location and number of parking spaces available. Describe arrangements that have been made for traffic control. C��� ' - ���- � ' �-� ��-e»-�-- � 7. Emergency/medical services: Describe measures that wi11 be taken to ensure emergency vehicle access (police, fire, ambulance)to the event area. 8. Security/crowd management: D;scribe your proposed procedures and staffing for the'event operations and crowd control. � �.�� �� � � � � 9. Trash/recycling, event clean-up: Describe the number, type and location of trash/recycling containers to be provided. What provisions have been made for clean-up of the site and surrounding area after the event? . , ����G'c� � \`���11 ��/1 � � �C:c �'` C� �, . St � � Name of trash/recycling hauler: �(�; ��� �m� �� �Cj��(�(\'� 10.Lighting: Describe any temporary or permanent lighting that will be added for the event. City af Scandia,Special Event Permit Application, Page 3 of 7 11. Temporary structures or construction. Describe any tents, canopies, enclosures, stages,platforms, scaffolding,risers,bleachers, fences, and any other type of temparary structure or construction for the event. Event sponsor is responsible to obtain any building or electrical permits that may be required for such construction. 12. Advertising and promotion. Describe how this event will be advertised and promoted. Describe any signs (size,type, location.) All signs must comply with Scandia Development Code Chapter 2 Section 9.13 including a permit if required. ` �� ;�� � � � - 13. Noise: Describe expected type, duration and timing of any noise sources. Describe measures to be taken to ensure complia ce with city noise ordinance (Ordina�ce No. 65.) C.l� �C.� f t� �\�i l.� � � -> � e �� -. � 14. Fireworks or pyrotechnics: Will any fireworks or pyrotechnics be used at the event? Yes No � If yes, describe in detail. Fire Department approval will be required. City of Scandia,Special Event Permit Application, Page 4 of 7 15. Food and beverages: Will alcoholic beverages be served? Yes No. If yes, describe the type of beverages and the status of the liquor license: . �� �� \ � �,�7�� J Will food and/or non-alcoholic beverages be served? Yes No _ If yes, describe what will be served and any plans for cooking food in the event area, including fuel source to be used: Has a license been obtained from the Washington County Department of Health and Environment? (please attach) Yes No 16. Other concessions: Describe what vendors or concessionaires you will allow at the event, and how you intend to regulate and monitor their activities. / 17. Gambling: Will there be any gambling (raffles,pull-tabs, bingo, etc.) at the event? Yes No If yes, a lawful gambling permit will be required as provided by state law and Scandia Ordinance No. 100. Describe the gambling activity and the status of the gambling permit. 18. Workers compensation compliance: In accordance with Minnesota Statutes all applicants for license and permits to operate a business in Minnesota must submit acceptable evidence of compliance with workers' compensation insurance requirements. Please comple[e the certificale of compliance and attach to this application. City of Scandia, Special Event Permit Applicat�'on, Page S of 7 19. Indemnification: Ordinance No. 119 requires that a special event permit holder shall agree to defend, indemnify and hold the City, its officers and employees harmless from any liability, claim, damages, costs,judgrnents, or expenses, including attorney's fees, resulting directly or indirectly from an act or omission including,without limitation, professional errors and omissions of event promoter, its agents, employees, arising out of or by any reason of the conduct of the activity authorized by such permit and against all loss caused in any way by reason of the failure of the event promoter to fully perform all obligations under this ordinance. Please complete the release and indemnification agreement and attach to this applicataon. Z0. Insurance As a condition of the granting of a permit for a special event conducted on public properiy or public streets or parking lots, the permit holder shall provide to the City a public liability insurance palicy naming the Ciry as an additional insured entity with limits of not less than one million dollars per occurrence. Please attach the certificate of insurance to this application. � THE MINNESOTA DATA PRACTICES ACT requares that we inform you of your rights about the private data we are requesting on this form. Private data is available to you, but not to the public. We are requesting this data to determine your eligibility for a permit from the City of Scandia. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data; however, refusing to supply the data may cause your permit to not be processed. Your residence address and telephone number will be considered public data unless you request this informatian to be private and provide an alternative address and telephone number. Please sign below to indicate that you have read this notice: �-� . __ -���"'�— Signature: Date: � ��,�� I request that my residence address and telephone number be considered private data. My alternative address and telephone number are as follows: Address: ?'elephone: Acknowledgement/Siguature: I hereby acknowledge receipt of a copy of this application form and Ordinance No. 1 l 9,Establishing Rules and Regulations for Special Events, and agree to abide by the ordinance and any other conditions that the City of Scandia may place upon issuance of this permit. z.,._ � . � Signature: "� Date: � �� �� Ciry of Scandia, Special Event Permit Application, Page 6 of 7 -SPECIAL EVENT SPONSOR- RELEASE AND INDEMNIFfCAT10N AGREEMENT CITY OF SCANDlA, MINNESOTA THIS IS A RELEASE OF LIABILITY INDEM1vIIFICATION AGREEMENT.SPECIAL EVENT PERNIIT HOLDER MUST READ CAREFULLY BEFORE SIGNING. In consideration for being pertnitted to engage in the following special event activities in Scandia: � � �1���� � � � �`' C' .. �'�� Special Event Permit Holder hereby acknowledges,represents, and agrees as follows: A. We understand that the above described activities are or may be dangerous and do or may involve risks of injury, loss, or damage to us and/or third parties. We further acknowledge that such risks may include but not be limited to bodily injury,personal injury, sickness, disease, death, and property loss or damage, arising from the following circumstances, among others: (Special Events Permit Holder initials here) �� B. If required by this paragraph,we agree to require each participant in our special event to execute a RELEASE AND INDEMNIFICATION AGREEMENT for ourselves and for the City of Scandia, on a form approved by the city. Participant Release and Indemnification required? YES_NO_ , (Special Events Permit Holder initials here) c� 4 C. We agree to procure, keep in force, and pay for special event insurance coverage,from an insurer acceptable to the City of Scandia, for the duration of the above described activities. �� (Special Events Permit Holder initials here) �; 1 D. By signing this RELEASE AND INDEMNIFICATION AGREEMENT,we hereby expressly assume all such risks of injury, loss, or damage to us or any related third party, arising out of or in any way related to the above described activities, whether or not caused by the act, omission,negligence, or other fault of the City of Scandia, its officers, its employees, or by any other cause. (Special Events Permit Holder Inifials here) �� � E. By signing this RELEASE AND INDEIVINIFICATION AGREEMENT,we fizrther hereby exempt,release and discharge the City of Scandia, its officers, and its employees, from any and all ctaims, demands, and actions for such injury, loss,or damage to us or to any third party, arising out of or in any way related to the above described activities, whether or not caused by the act, omission, negligence, or other fault of the City of Scandia its officers, its employees, or by any other cause. (Special Events Permit Holder Initials here) �-� F. We further agree to defend, indemnify and hold harmless the City of Scandia, its officers, employees, insurers, and self insurance pool, from and against all liability, claims, and demands, court costs and attorneys fees, including those arising from any third pariy claim asserted against the city, its officers, employees, insurers or self insurance pool, on account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property damage or loss,or any other loss of any kind whatsoever, which arise out of or are in any way related to the above described activities,whether or not caused by our act, omission, negligence, or other fault of the City of Scandia, its officers, its employees, ar by any other cause. . (Special Events Permit Holder Initials here) � G. By signing this RELEASE AND INDEMNIFICATION AGREEMENT,we hereby acknowledge and agree that said Agreement extends to all acts, omissions,negligence, or other fault of the City of Scandia, its o�cers,and/or its employees, and that said Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Minnesota. If any portion thereof is held invalid, it is further agreed that the balance shall,notwithstanding, continue in full legai force and effect. (Special Events Holder Initials here) ��� H. We understand and agree that this RELEASE AND INDEMNIFICATION AGREEMENT shall be governed by the laws of the State of Minnesota and that jurisdiction and venue for any suit or cause of action under this agreement shall lie in the courts. --�--�. (Speciat Events Permit Holder Initials here) � > � I. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective as of the date or dates of the applicable special event, shall continue in full force until our responsibilities hereunder are fully discharged, and shall be binding upon us,our successors,representatives, heirs, executors, assigns, and transferees. � , � (Special Events Permit Holder Initials here) -- 2 IN WITNESS THEREOF,TffiS RELEASE AND INDEMNIFICATION AGREEMENT is executed by the special events permit holder, acting by and through the undersigned, who represents that he or she is properly authorized to bind the Special Events Permit Holder hereto. PRINTED NAME OF SPECIAL EVENTS PERMIT HOLDER: ��� � �,� PRINTED NAME AND TITLE OF PERSON SIGNING ON BEFIALF OF SPECIAL EVENTS PERNIIT HOLDER: Name _ �� C� � � Title ' � —'' �'1.., � _�.� �.._ ... ..... ......_ � ._. _ ��--- �„�:,:r.����a..__.� �.�-�-- Signature Date � � f 3 r. G w= , � V � ��� / ` 7 J � ~.�S� �------��-�-_.�.a � � � _� �� `:1 � � � l_1 � U 4� � � � tJ ;,� � � � �- � �,5� � � ����� � � -�� t--� , �_, �} � f ! � � � , � � � , � �, � � AcoRO' CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) �..,.�� oa/24/aoii THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder is an ADDITIONAL INSURED,the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and Conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not conter rights to the certificate holder in lieu of such e�dorsement(s). PRODUGER C A T $llS2� JOl�R7] E NAME: Security State Agency P,qRpNE 651 433-5753 � �; 651-433-3205 21190 Ozark Avenue North E-�� P. O. BOX 190 ADDRE • ... Scandia, NII�T 55073 INSURER�S)AFFORDINGCOVERAGE NAICN INSURERA: �PR DNTUAL INSURANCE INSURED 651-762-8083 651-433-5230 INSURERB: MF.ISTER�S BAR AND GRILL, INC� IN6URERC: 14808 OAKHILL RD N i INSURER D; SCANDIA, MN 55073 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTI�Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP �LTR I TYPE OF INSURANGE DDL pOUCY NUMBER MIAIDD MMlDDM(VY LIMRS 6ENERAL 4ABILITY EACH OCGURRENCE S 1�000�OOO A X COMMERCL4LGENERALLIABILITY CP174140.00 12/28/2010 12/28/2011 pREMISES Eaoccxurence s CLAMAS��E �OCCUR MED EXP(My one person 3 5�000 PERSONALBADVINJURY 3 1,OOO,OOO GENERnLAGGREGATE S 2,000,000 GEN'L AGGftEGA7E LIMIT APpUES PER' PRODUGTS-COMP/OP AGG S 2,0 00,000 POLICY PRO- L� S 'AUTOM081LE LIA&LITY COMBINED SIN LE LIMIT Ea acciCent S ANy qU7p BODILY INJURV(Per peraon) S AlL OWNED SCNEDULE� BODILV INJURY(Per accident) S AUTOS AUTOS HIRED AUTOS NON•OWNED PROpERTY DAMAGE f AUi05 .(Per accidenq ,----.- S UMBRELLA LIAB OCCUR � FACM OCCURRENCE S EXCESS LIAB C�q��,�ppE AGGREGATE i ` DED RETENTION S E WO►tKERS COMPENSA710N WC S7aTU- OTH- AND EMPLOYERS'LIABILITY � -.-_--""_'_ Y/N ANY vROPRIEfOR/PARI NEWEXECUTNE �'�j N 1 A E.L.EACM ACCIDENT : OFFICERIMEMBER EXCLUDED7 -- (Mmdatory M NH) LJ, E.L.�ISEASE-EA EMPLOYEE t Hye s.Qewribe uode� ; � �- � - �---- � - DESCRIPTION OF OPERATIONS below j E.L DISEASE-POIICY LIMIT = DESCRIVTqN OF OPERATIONS I LOCATIONS f VEHICLES (Ad�ch ACORp 101,AddHional Remarlcs Schatluk,H more aWce ia raquln� INCLi7DING TH6 CITY OF SC.ANDIA AS ADDITIONAL INSURED WITH RESPECT TO EVENTS SPONSORED BY MEISTER'S BAR AND GRILL USING THE CITY'S PARKING LOT LOCATED ADJACENT TO MEISTER'S BAR AND GRILL ON 4/24/11, 5/21/11, 9/9/11 AND 9/10/11 GERTIFICATE HOLDER CANCELLATION SHOUID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF RE THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN CITY OF SCANDIA ACCORDA�t�W(TH THE POLICY pROVISIONS. 14727 209TH STRfiET r � SCANDIA, MN SSO73 AUTHO�DREPR EAI'1ATIVE � r' �� �. ,.�. ,j�/ p 1988-2010 ACORD RPORATION. Ali rights reserved. ACORD 25(2010/05) The ACORD name and logo are reei�lte�d marks of ACORD �i