5.e) Discussion of Outdoor Event Permit Ordinances Meeting Date: 6/2/2009
Agenda Item:
- � '� �
City Counc�i Agenda Report
City of Scandia
14727 209�h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Discuss issues related to regulating outdoor events and give direction
to staff.
Deadline/ Timeline: N/A
Background: • At the May 19 meeting, the City Council discussed the list of 2009
outdoor events at Meister's bar and grill. The Council directed
staff to begin researching an outdoor events ordinance that could
be used to regulate such activities at Meister's and at other
locations.
• Staff reviewed code language from a number of nearby
communities including Forest Lake, Hugo, Marine on St. Croix,
Wyoming, Lindstrom, Lino Lakes and East Bethel. Approaches to
regulating events vary widely, and the list of issues and topics that
might be covered by such ordinances is quite long(see attached
notes.) Some communities regulate only certain types of events;
others cast a wide net. Some have banned particular types of
events (Lino Lakes has prohibited "ultimate fighting", for
example.) Stillwater is in the process of appointing a"special
events task force"to address issues with events in their city. A
couple examples of materials received from other cities are
attached.
• Before staff prepares a draft ordinance, some direction from the
Council would be helpful to focus on issues of concern in Scandia.
Recommendation: I recommend that the Council discuss the possible issues and topics
that could be included in an ordinance, and give staff direction for the
scope of the ordinance to be drafted for consideration at a future
meeting.
Attachments/ • Notes on Event Permits 5/26/09
Materials provided: . Forest Lake Code Chapter 92: Outdoor Entertainment
• Lino Lakes Ordinance No. 03-07, Special Events
• East Bethel, Application for Outdoor Entertainment Event Permit
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(events ordinance)
Page 1 of 1
OS/28/09
Notes on Events Ordinances
May 26, 2009
Issues/Topics
1. Scope of activities covered
a. Indoors vs. outdoors
b. Music/dances
c. Martial arts/ wrestling("ultimate fighting")
d. Carnivals/circuses/games
e. Shows/plays
f. Amusement rides/equipment
g. Parades/festivals
h. Races/athletic events
i. Flea market/ farmer's market
2. Sites eligible(zoning district?)
3. Exceptions
a. Non-profits
b. Public agencies/ sites
c. Sites designed for public assembly
4. Alcoholic beverages
a. Different hours for outdoor sales?
b. Controlling access to outdoor areas (fence)
c. Tie event permit compliance to liquor license
5. Hours for music/entertainment
6. Noise
a. Reference existing noise ordinances/state standards
b. Amplification of sound
7. Number of events per year(2? 8? No limit?)
8. Permit fees
9. Security/Safety
a. Personnel/hiring police
b. Medical services
c. Fire dept. concerns
10. Security deposit
1 l. Sanitary facilities
12. Clean-up/recycling
13. Lighting
14. Advertising/ signage
a. Number, type, duration
b. Notification of residents/businesses
15. Temporary construction (barricades/fencing/bleachers/stages/tents)
16. Parking & traffic
17. Residential uses nearby
a. Setbacks
b. "not interfere with quiet enjoyment"
18. Application procedures/timing
1
19. Indemnification of city
a. Insurance/ additional insured
b. Use of city property (i.e. for parking)
20. Investigations required
a. Require�nents for permit applicant (age, criminal history)
21. Grounds for denial or cancellation/revocation of permits
22. Penalties for violations
2
Page 1 of 5 .
Forest Lake,MN Code of Ordinances
11TLE IX:GENERAI REGULfiTIONS
CHAPIER 92 OUTDOOR ENTERTAItJMENT
CHAPTER 92: OUTDOOR ENTERTAINMENT
Section
92.01 Purpose and intent
92.02 Definitions
92.03 Permit required
92.04 Permit application requirements
92.05 Investigation
92.06 Permit conditions
92.07 Permit fees
92.08 Insurance
92.09 Denial of application
92.10 Exemption from permit
92.11 Restrictions on outdoor entertainment events
92.12 Noise regulation
92.98 Violations
§ 92.01 PURPOSE AND INTENT.
It is the purpose and intent of this chapter to protect the public's health, safety and welfare through the
issuance of permits for outdoor entertainment activities conducted within the city.
(Ord. 527,passed 11-10-2003)
§ 92.02 DEFINITTONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning.
APPLICANT. Any person or organization who seeks an outdoor entertainment permit to conduct or sponsor
an outdoor entertainment event within the city.
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OUTDOOR ENTERTAINMENT. A specific event or activity held in the open and not within an enclosed
structure, including but not limited to events held outdoors or in temporary structures such as tents, sound stages,
pavilions and amphitheaters during which sound waves are produced, either by voice or instruments, amplified or
acoustic.
(1) OUTDOORENTERT.9INMENT- COMMERCIAL. A specific outdoor entertainment event or
activity conducted or sponsored by a commercial entity for profit or promotion of its business.
(2) OUTDOOR ENTERTAINMENT-NONPROFIT. A specific outdoor entertainment event or
activity conducted or sponsored by a nonprofit community organization or club for the purpose of raising funds
for charitable, educational, religious or other similar purposes.
(3) OUTDOOR ENTERTAINMENT-PUBLIC. A specific outdoor entertainment event or activity
conducted or sponsored by the city or any of its boards or agencies and any event or activity conducted or
sponsored by a public or private school.
(4) OUTDOOR ENTERTAINMENT-PRIVATE. A specific outdoor event ar activity conducted or
held on private property by the property owner or the owner's lessee such as a wedding reception, private party,
or similar family or social functions.
PERMITTEE. A person to whom an outdoor entertainment permit is issued.
PERSON. An individual, firm, partnership, corporation, trustee, association, or any body of persons whether
incorporated or not. With respect to acts prohibited or required herein, PERSON shall include employees and
licensees.
SCHOOL. An institution or place for instruction or education where 25 or more persons receive a full course
of educational instruction with an organized body of teachers associated for pursuit and dissemination of
knowledge.
(Ord. 527, passed 11-10-2003)
§ 92.03 PERMIT REQUIRED.
Any person desiring to conduct or sponsor an outdoor entertainment activity in the city shall obtain a permit
from the City Administrator.
(Ord. 527, passed 11-10-2003)
§ 92.04 PERMIT APPLICATION REQUIREMENTS.
(A) Any person conducting or sponsoring an outdoor entertainment activity shall make application for a
permit by filing a completed application with the City Administrator at least 30 days in advance of the date on
which the event is to occur.
(B) The application shall require the following information:
(1) The name and address of the person or organization conducting the event and the names and dates of
birth of the persons or of the managers and officers of the organization;
(2) The date, time, and place of the event to be held;
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(3) Whether the persons conducting the event or the officers of the organization sponsoring the event are
over 18 years of age; and whether such persons have been convicted of any crimes other than minor traffic
offenses;
(4) The approximate number of persons expected to attend the event;
(5) A description of the type of outdoor entertainment to be conducted;
(6) The name, address and telephone number of the entity providing the entertainment;
(7) Whether amplified or on-amplified music or singing will be provided;
(8) The number of security personnel to be employed together with their names and address;
(9) Such other information as the City Administrator shall require.
(Ord. 527, passed 11-10-2003)
§ 92.05 INVESTIGATION.
The application shall be referred to the Public Safety Director of the city for investigation into the contents of
the application and for recommendation as to matters of public safety.
(Ord. 527, passed 11-10-2003)
§ 92.06 PERMIT CONDITIONS.
The City Administrator or the Administrator's designee may issue the permit with such conditions and
requirements as are necessary to protect the safety and rights of the public, including the requirement that private
security personnel be employed by the permittee in the conduct of the event.
(Ord. 527, passed 11-10-2003)
§ 92.07 PERMIT FEES.
A permit fee in an amount established by a duly adopted resolution of the City Council shall be paid with the
application.
(Ord. 527, passed 11-10-2003)
§ 92.08 INSURANCE.
As a condition of the granting of a permit for an outdoor entertainment conducted on public property or public
streets or parking lots, the permittee shall provide to the city a public liability insurance policy naming the city as
an insured entity with limits of not less than 1 million dollars per occurrence.
(Ord. 527,passed 11-10-2003)
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§ 92.09 DENIAL OF APPLICATION.
A permit may be denied based upon a determination that:
(A) The event would seriously endanger public safety;
(B) The event would seriously inconvenience the general public;
(C) The event would unreasonably infringe upon the rights of abutting properties;
(D) The event would conflict with another proximate event or interfere with construction ar maintenance
work;
(E) There is not sufficient safety personnel or other necessary city staff to accommodate the event;
(F) The applicant failed to complete the application form after being notified of the additional information
required;
(G) The applicant cannot meet, or is unwilling to meet, all of the requirements of this chapter;
(H) Other issues in the public interest were identified by the City Administrator;
(I) Failure to prepay expenses.
(Ord. 527, passed 11-10-2003)
§ 92.10 EXEMPTION FROM PERMIT.
The city, its boards and agencies, and a school as defined herein, shall be exempt from the requirements of this
chapter.
(Ord. 527,passed 11-10-2003)
§ 92.11 RESTRICTIONS ON OUTDOOR ENTERTAINMENT EVENTS.
(A) No outdoor entertainment - commercial employing the use or operation of any electronic or audio
system for the purpose of amplifying sound shall be conducted on 1 business site on more than 6 occasions in any
1 year. Not more than 3 occasions shall be 1 day between the hours of 7:00 a.m. and 10:00 p.m., except that on
and near to July 4 the occasion shall consist of such number of consecutive days as may be permitted by the City
Council in connection with other activities occurring each day during the annual4th of July celebration and
except further that the hours of the activity on one or more of such days may be extended at the discretion of City
Council. The remaining 3 occasions shall be 1 day between the hours of 7:00 a.m. and 7:00 p.m.
(B) No outdoor entertainment - nonprofit employing the use or operation of any electronic or audio system
for the purpose of amplifying sound shall be conducted by the nonprofit organization on more than 2 occasions
within any 1 year with an occasion being defined as 1 day from 7:00 a.m. to 10:00 p.m., except that on or near to
July 4, an occasion shall consist of such number of consecutive days as may be permitted by the City Council in
connection with other activities occurring each day during the annual4th of July celebration and except further
that the hours of the activity on 1 or more such days may be extended at the discretion of City Council.
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(C) No outdoor entertainment - private shall occur on more than 1 occasion on any I site within the city in
any 1 year. An occasion shall be 1 day between the hours of 7:00 a.m. and midnight of the same day.
(D) No outdoor entertainment shall be held or conducted between the hours of 12:00 a.m. and 7:00 a.m.
(Ord. 527, passed 11-10-2003; Am. Ord. 539, passed 6-27-2005; Am. Ord. 571, passed 12-]0-2007)
§ 92.12 NOISE REGULATION.
Each person who is issued an outdoor entertainment permit shall comply in all respects with §§ 96.20 et seq.
(Ord. 527, passed 11-10-2003)
§ 92.98 VIOLATIONS.
Any person who violates any provision of this chapter is guilty of a misdemeanor and shall, upon conviction
thereof, be punished according to law. Each act of violation and each day a violation occurs or continues
constitutes a separate offense. In all cases the city shall be entitled to collect the costs of prosecution to the extent
outlined by law, the Rules of Criminal Procedure, and the Rules of Court.
(Ord. 527,passed 11-10-2003)
Disciaimer:
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15 Reading: 4/9/2007 Published: 5/1/2007
2" Reading: 4/23/2007 Effective: 6/1/2007
To County Recorder
Council Member moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDiNANCE NO. 03-07
AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 615 RELATED TO
SPECIAL EVENTS
The City Council of The City of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by adding thereto a
new Chapter 615 to read as follows:
CHAPTER 615. SPECIAL EVENTS
615.01 Purpose and Findings.
The purpose of this chapter is to protect the health, safety and welfare of the citizens
of this city by regulating the time, place and manner of conduct of special events and by
establishing permit requirements for conducting special events such as are herein defined.
The City Council finds that special events often exceed the city's capacity to provide usual
city services. These city services include, but are not limited to sanitary, fire, police and utility
services. The City Council also finds these regulations necessary to ensure that such events
are conducted with sufficient consideration given to public safety issues, including, among
other things, the impact of these events on parking and vehicular traffic within the city.
615.02 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Person: A natural person, association, organization, club, group formed for a common
purpose, partnership of any kind, limited liability company, corporation or any other legal
entity.
Special Event: An outdoor gathering of at least 50 individuals whether on public or
private property, assembled with a common purpose for a period of one hour or longer.
Special Events include, but are not limited to concerts, fairs, carnivals, circuses, parades, flea
markets, marathons, walkathons, festivals, races, bicycle events, celebrations, or any other
gathering or events of similar nature. Special Events do not include noncommercial events
held on private property such as graduation parties or social parties.
615.03 Permit Required.
No person shall hold, conduct or participate in a speciai event within the city unless a
permit has been issued for such event upon timely written application made to the city.
615.04 Application for Permit.
In addition to the general licensing application requirements included in Section
601.02, each written application for a special event permit must be made at least 45 days in
advance of the event's proposed date in a form prescribed by the City Council. This
application period shall not begin to run until a complete application has been filed with the
city. Application forms shall be made available in the office of the city clerk. A fee, in the
amount specified in the Ordinance Establishing Fees and Charges, shall be paid to the city
along with the completed application form. In addition to the fee, the applicant shall pay all
additional costs incurred by the city as a direct result of the special event. Nonprofit entities,
as defined as 501(c) or (d) by the Internal Revenue Code of 1986 as amended, shall be
exempt from payment of the permit application fee but not from city incurred costs. Failure to
provide a complete application or to pay the fee, as herein required, is sufficient reason to
deny the special event permit.
615.05 Issuance of Permit, Conditions and Posting.
(A) Special event permits will be issued upon City Council approval. The Council may
attach reasonable conditions to the permit as are deemed necessary to protect the health,
safety and welfare. Such conditions may pertain to any of the following:
(1) Location and hours during which the event may be held;
(2) Sanitation/availability of potable water;
(3) Security/crowd management;
(4) Parking and traffic issues;
(5) Emergency and medical services;
(6) Clean-up of premises and surrounding area/trash disposal;
(7) Insurance;
(8) Lighting;
(9) Fire service/safety, including meeting all requirements of the State Fire
Code, as it may be amended from time to time
(10) Temporary construction, barricades/fencing;
(11) Removal of advertising/promotional materials;
(12) Noise levels;
(13) Alcohol consumption;
(14) Notification of residents or businesses;
(15 ) Any other conditions which the Council deems necessary.
615.06 Exceptions to the Permit.
The permit requirement contained in this chapter does not apply to the following:
(A) Special events sponsored and managed by the city;
(B) Funerals and funeral processions;
(C) The grounds of any school, playground, city or county park, place of worship,
hotel conference center, stadium, athletic field, arena, auditorium or similar place of assembly
when used for regularly established assembly purposes.
615.07 Denial of Application
A permit may be denied based upon a determination that:
(A) The event would seriously endanger public safety;
(B) The event would unreasonably inconvenience the general public;
(C) The event would unreasonably infringe upon the rights of abutting properties;
(D) The event would conflict with another proximate event or interfere with
construction or maintenance work;
(E) There are not sufficient safety personnel or other necessary staff to accommodate
the event;
(F) Other issues in the public interest were identified by the city council.
615.08 Penalty
(A) Any person who violates any condition of a special event permit or any provision
of this chapter shall be guilty of a misdemeanor punishable as prescribed by Minnesota State
Law.
(B) Enforcement of this division may, at the Council's discretion, take any of the
following forms:
(1) Citation/criminal prosecution;
(2) Injunctions, declaratory judgments or other civil remedies;
(3) Permit revocation;
(4) Disbursement of persons gathered.
615.08 Indemnification
Permit holder agrees to defend, indemnify and hold the City, its officers and
employees harmless from any liability, claim, damages, costs, judgments, 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 be reason of the failure of the event promoter
to fully perform all obligations under this section.
615.09 Applicability
The provisions of this chapter and of all regulations made thereunder and all permits
issued thereunder shall be subject to all applicable and controlling provisions of federal, state
and city laws and of regulations and orders issued thereunder.
John Bergeson, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this day of , 2007.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member and upon a vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
.
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Permit Fee: $150.00 Approved by: Date: Ck#:
APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT PERMIT
DATE OF APPLICATION:
NAME OF APPLICANT:
If the applicant is not the owner of the facility hosting the event, identify the owner.
NAME OF ORGANIZATION:
BUSINESS ADDRESS:
Daytime Phone: Cell Phone: Fax:
OTHER CONTACT PERSON: POSITION:
Daytime Phone: Cell Phone: Fax:
The undersigned proposes to hold an Outdoor Entertainment Event in the City of East Bethel as follows:
The event will be held on _beginning at and ending on at
(Date) (Time) (Date) (Time)
EVENT HOURS: Start: Finish:
LOCATION OF OUTDOOR ENTERTAINMENT EVENT AND ANY OTHER AREAS TO BE USED IN CONJUNCTION WITH
EVENT(attach a map of relevant areas):
OWNER(S)OF THE PROPERTY WHERE THE EVENT WILL BE HELD:
ADDRES S:
TELEPHONE NLTMBER: (If applicant and owner are not the same, attach a letter of pernvssion
from the owner granting permission to use facilities for this event.)
2241 22l"Avenue NE East Bethel,Minnesota 55011
(763)367-7844 Fax(763)434-9578
www.ci.east-bethel.mn.us
Revised 4/15/09
Y
DESCRIBE NATURE OF EVENT:
DESCRIBE EVENT PARTICIPANTS AND NUMBER OF EACH(attach additional sheets if necessary):
ESTIMATED PUBLIC ATTENDANCE AT OUTDOOR ENTERTAINMENT EVENT:
WILL THERE BE CAMPING OR OTHER TEMPORARY HOUSING PERMITTED AT THE LOCATION�
DESCRIBE PARKING AREAS FOR EVENT ATTENDEES AND PARTICIPANTS AND ARRANGEMENTS FOR PARKING. If
the parking area is not owned by the applicant attach a letter from the owner granting permission to use the facilities for this event.
(attach map of parking areas):
DESCRIBE TYPE AND NUMBER OF SANITATION AND HEALTH FACILITIES TO BE PROVIDED BY APPLICANT:
DESCRIBE FOOD AND/OR BEVERAGE SERVICE FOR SALE AT THE EVENT:
WILL ALCOHOL BE SOLD OR ALLOWED AT THE EVENT?
_ Does the applicant or owner have the appropriate
liquor license? _(Please attach a copy of the license)
DESCRIBE THE MEANS AND EXTENT OF ANY TEMPORARY STRUCTURES,LIGHTING OR SOUND AMPLIFICATION TO
BE EMPLOYED AT THE EVENT:
DESCRIBE ALL EMERGENCY SERVICES AVAILABLE AT THE EVENT, 1NCLUDING RESCUE, MEDICAL, FIRE AND
POLICE SERVICES:
,
DESCRIBE THE I�TUMBER AND IDENTITY OF SECURITY PERSONNEL AVAILABLE AT THE EVENT:
DESCRIBE ANY CITY SERVICES &PROPERTY REQUIREMENTS IN CONNECTION WITH OUTDOOR ENTERTAINMENT
EVENT(TRAFFIC CONTROL, PARKING, BARRICADES,ETC.):
WHAT ARRANGEMENTS HAVE YOU MADE WITH THE CI"I'Y FOR THESE SERVICES AND/OR PROPERTY?
INDICATE THE LOCATION AND NATURE OF POSSIBLE INTERFERENCE WITH THE NORMAL FLOW OR REGULATION
OF TRAFFIC WITHIN THE CITY OF EAST BETHEL AS A RESULT OF THE OUTDOOR ENTERTAINMENT EVENT:
The undersigned agrees that the Outdoor Entertainment Event(s) listed in this application will be performed in compliance with all
applicable state laws, and ordinances of the City of East Bethel and any directions or conditions placed on the issuance of the permit.
The undersigned applicant will assume full responsibility for payment to the City for all costs, if any, for clean up of City streets and
property incurred in connection with the Outdoor Entertainment Event (s). The undersigned also agrees to secure and pay for any
additional police protection required in connection with the Outdoor Entertainment Event(s)listed in this application prior to issuance of
the permit. The undersigned certifies that he or she is authorized by to apply for this outdoor entertainment permit.
SIGNATURE OF APPLICANT:
PRINT NAME:
.
OUTDOOR ENTERTAINMENT PERMIT
REQUEST FOR INFORMATION
DATA PRIVACY ADVISORY: The data supplied on this form will be used to assess the qualifications for an
outdoor entertainment permit. This data is not legally required but the City will not be able to grant the permit
without it. If a permit is granted, the data will constitute a public record. The data is needed to distinguish this
� application from others, to identify this applicant in City Permit files, to contact the applicant if additional
information is required and to determine if the applicant meets all ordinance requirements.
INFORMATION TO BE USED FOR OUTDOOR ENTERTAINMENT PERMIT PROCESSING ONLY
This form will be used to check whether the property on which the event is to take place or the owners of
the property on which the event is to take place is delinquent in the payment of property taxes,
assessments, employment taxes or other financial claims of the City and/or contracted public agencies.
Please Print
Business Name•
Business Address:
APPLICANT INFORMATION
Name: Date of Birth:
First Middle Last
Address:
Street City, State, Zip Code
Phone Number: Alternate Phone:
I, the undersigned do hereby authorize the agencies to disclose all information on property taxes,
assessments, employment taxes or other financial claims of the City and/or contracted public agencies.
Authorization shall be valid for one year from the date of my signature.
Signature Date