HomeMy WebLinkAbout2010-07-27; City Council; 20322; AMEND CODE FEES THIRD PARTY VENDOR SPECIAL EVENTSCITY OF CARLSBAD - AGENDA BILL 10
AB# 20.322
MTG. 07/27/10
DEPT. P&R
AMEND CHAPTER 8.17 OF THE CARLSBAD
MUNICIPAL CODE BASED ON RECENT
DEPARTMENT AND ORGANIZATION
REALIGNMENT; ADDING SECTION 8.17.070(0)
THAT ESTABLISHES A THIRD PARTY VENDOR
FEE FOR SPECIAL EVENTS; AND ADDING
SECTION 8.17.110(E) THAT ESTABLISHES SIGNS
FOR NO PARKING/TOW WAY IN AREAS OF
SPECIAL EVENT
DEPT.
DIRECTOR CE-
ATTORNEY*
CITY
MANAGER
of the City Council of the City of Carlsbad,
RECOMMENDED ACTION:
Introduce Ordinance No. cs-101
California amending Chapter 8.17 of the Carlsbad Municipal Code related to special events,
establishing a third party vendor fee for special event holders; establishing no parking/tow away
areas at special events, and making minor changes based on recent organization realignment
as pertaining to subsections renumbering, and signs, notification, and contents of permit.
Approve Resolution No. 2010-199 establishing a third party vendor fee for special
events, and the addition of the fee to the Master Fee Schedule.
ITEM EXPLANATION:
At a July 15, 2009 workshop, the City Council received an overview presentation from city staff
on the special events application process. One of several recommendations that resulted from
this meeting was to eliminate the need for all vendors and service providers participating in a
special event to obtain an individual business license.
Currently, the city requires a business license for each individual vendor who participates in any
special event. The proposed amendment to section 8.17.070 adding subsection "D" provides
that if a special event permittee provides for or allows third party vendors to participate at the
special event, the permittee shall pay an additional nonrefundable third party vendor fee.
This proposed amendment will maximize the efficient and effective use of limited special event
and city clerk staff time and resources, and streamline the special event application process by
eliminating the need for individual vendor business licenses by requiring one umbrella permit for
all vendors and service providers participating in the special event.
DEPARTMENT CONTACT: Mick Calarco 760-434-2859 mick.calarco@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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Carlsbad Municipal Code section 5.08.060 assesses the business license tax for athletic
events, shows, and similar events at $125 for the first day, $100 for the second day, and $75 for
each day thereafter for each vendor participating in the special event. Staff recommends the
establishment of a third party fee which covers all associated vendors for that special event.
The proposed third party fee would be consistent with the currently established license tax
amount of $125 for the first day, $100 for the second day, and $75 for each day thereafter for
both major and minor events. The addition of a third party vendor fee will require a revision to
the current Master Fee Schedule. However, the third party vendor fee will not become effective
until the effective date of the proposed amendment to section 8.17.070.
The proposed amendment to section 8.17.110 adding subsection "E" authorizes the placement
of "no parking/tow away" signs on 72 hours notice in advance of the special event. This will help
alleviate the problem of unauthorized vehicles being parked in the designated special event
area.
Numerous additional revisions were made throughout Chapter 8.17 as needed to reflect the
city's recent organization realignment, as well as some minor "housekeeping" changes
pertaining to renumbering, signs, notification, and contents of permit.
FISCAL IMPACT:
As a result of these changes, staff expects the city to experience a minor decline in business
license revenue, and anticipate a slight increase in special event revenue.
ENVIRONMENTAL IMPACT:
This ordinance and the establishment of a third party vendor fee for special events does not
qualify as a project under the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect
physical change in the environment.
EXHIBITS:
1. Ordinance No. cs-101 , of the City Council of the City of Carlsbad, California,
amending section 8.17.070 of Chapter 8.17 of the Carlsbad Municipal Code
2. Resolution No. 2010-199 establishing a third party vendor fee for special events,
and addition of the fee to the city's Master Fee Schedule
3. Strikeout-Underline format of the proposed changes to Chapter 8.17 of the Carlsbad
Municipal Code
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EXHIBIT 1
ORDINANCE NO. CS-101
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.17
OF THE CARLSBAD MUNICIPAL CODE BASED ON
RECENT DEPARTMENT AND ORGANIZATION
REALIGNMENT; ADDING SECTION 8.17.070(0) TO THE
CARLSBAD MUNICIPAL CODE SECTION RELATED TO
THIRD PARTY VENDOR FEES; AND ADDING SECTION
5 8.17.110(E) RELATED TO NO PARKINGTOW AWAY SIGNS
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WHEREAS, the Carlsbad City Council finds it necessary to amend Municipal8
Code Chapter 8.17 based on recent department and organization realignment; and
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special event permittee who will use or provide vendors at the special event to pay
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WHEREAS, the Carlsbad City Council held a special event workshop
whereby it desired to streamline the special events application process to allow a
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an additional third party vendor fee so that individual business vendors will not be
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required to obtain their/its own business license for that special event; and
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WHEREAS, the Carlsbad City Council amends Municipal Code section
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8.17.070 by adding a new subsection "D" creating a third party vendor fee for both
major and minor events;
WHEREAS the Carlsbad City Council finds that the third party vendor fee
20 includes all vendors at a single special event;
21 WHEREAS, the Carlsbad City Council amends Municipal Code section
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8.17.110 by adding a new subsection "E" authorizing the placement of "no
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parking/tow away" signs on 72 hours notice in advance of the special event; and24
THEREFORE, The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Section 8.17.020 of Chapter 8.17 of the Carlsbad Municipal
28 Code is amended to read as follows:
8.17.020- Definitions.1
2 Except where the context otherwise requires, for the purposes of this
3 chapter, the following definitions apply:
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B. "City manager" means the city manager or his/her authorized
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designee.
E. "Event promoter" means any person who conducts, manages,
promotes, organizes, aids or solicits attendance at a special event.
J. "Private property permit" means an minor event administrative permit
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entirely on private property that does not require a use of public property in a
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manner which impacts or restricts the public's normal or typical use of such16
property or does not comply with the normal or usual traffic regulations or controls
or that require the provision of extraordinary city services and are therefore not
governed by this chapter.
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been issued.
K. "Permittee" means a person to whom a special events permit has
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L. "Person" means any person, firm, partnership, association,
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corporation, company or organization of any kind.
M. "Police chief means the chief of police or his/her authorized
designee.
N. "Sidewalk" means any area or way set aside or open to the general
public for purposes of pedestrian travel, whether or not it is paved.
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P. "Special event" means:
6 (i) Any organized formation, parade, procession or assembly consisting
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of fifty or more persons, and which may include animals, vehicles or any
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combination thereof, which is to assemble or travel in unison on any street which9
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0. "Sound-amplifying system" means any system, apparatus,
equipment, device, instrument or machine designed for or intended to be used for
the purpose of amplifying the sound or increasing the volume of human voice,
musical tone, vibration or sound wave.
does not comply with normal or usual traffic regulations or controls; or
(ii) Any commercial or noncommercial organized assemblage of fifty or
more persons at any public beach, public park, public water ways, street, or
13 sidewalk which is to gather for a common purpose under the direction and control
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of a person; or
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(iii) Any other organized activity conducted by a person for a common or
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collective use, purpose or benefit which involves the use of, or has an impact on,
other public property or facilities and the provision of city public safety services in
response thereto;
20 (iv) Examples of special events include concerts, parades, circuses,
21 fairs, festivals, block parties, community events, fireworks, mass participation
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sports (such as marathons and running events, bicycle races or tours,
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tournaments), or spectator sports (such as football, baseball and basketball24
games, golf tournaments, surfing contests or other water competitions).
Q. "Special event permit" means a permit as required by this chapter.
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5 public for purposes of vehicular traffic, including but not limited to any berm or
6 shoulder, parkway, public parking lot, right-of-way, alley or median.
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(Ord. NS-811 § 2 (part), 2006)
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SECTION 2: That Section 8.17.020 of Chapter 8.17 of the Carlsbad Municipal
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R. "Spontaneous demonstration" is an event occasioned by news or
affairs coming into public knowledge less than forty-eight hours prior to such
event.
S. "Street" means any place or way set aside or open to the general
Code is amended by adding subsection "I" to read as follows:
I. "Parks & Recreation Director" means the director of parks & recreation or
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SECTION 3: That Chapter 8.17 of the Carlsbad Municipal Code is amended to
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8.17.030 - Permit required.
No person shall engage in or conduct any special event unless a special
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(Ord. NS-811 § 2 (part), 2006)
event permit is issued by the city manager or his/her authorized designee.
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8.17.050 - Special events committee.
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A. The special events committee shall be comprised of the assistant
city manager, community development director, public works director, fire chief,
police chief, housing and redevelopment director, parks & recreation director and
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modification of an application for a special event permit based upon the
6 information required in the application with regard to considerations of public
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safety, traffic flow and control, the disruption to residences and businesses;
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availability of resources of city personnel and equipment to adequately ensure the9
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event unless the applicant of the previously established reoccurring event notifies
new event for the date, time or location of a previously established reoccurring
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risk manager or their designated representatives. The parks & recreation director
B. The special events committee is charged with reviewing and
providing recommendations to the city manager regarding the approval or
public health, safety and welfare.
C. The special events committee shall not recommend for approval a
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the city of their intent to not hold the event or no application has been received by
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the city at the minimum application filing date.
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(Ord. NS-811 § 2 (part), 2006)
8.17.060-Application.
A. A person requesting a special event permit shall file an application,
certified by affidavit on forms provided by the parks & recreation department. The
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parks & recreation director will forward the application to the special events
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committee for review and recommendation to the city manager.
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B. The application shall be filed at least ninety days and not more than
two years before the special event is proposed to commence except for
spontaneous demonstration held to react to current events, which shall provide a
minimum of thirty-six hours' notice. The minimum ninety-day notice requirement
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may be waived by the parks & recreation director upon written finding that the
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5 1. The name, address, e-mail address and telephone number of the
6 applicant and event organizer and its officers;
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2. The names, addresses and telephone numbers of the headquarters
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of any organization for which the special event is to be conducted, and proof of the
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limited scope of the event, both in size and magnitude, allows it to be adequately
reviewed in the time provided.
C. The application for a special event permit shall set forth all of the
following information, if applicable:
authorized representatives of the organization;
3. An acknowledgment of financial responsibility for any city fees or
costs that may be imposed for the special event by the applicant and any person
13 authorizing the applicant to apply for the permit on its behalf;
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4. A description of the nature or purpose of the special event, including
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a description of activities planned during the special event;
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5. A statement of fees to be charged participants in the special event;
6. Identification of the Carlsbad location where special event sales will
be reported to the franchise tax board, a city of Carlsbad business license or a
copy of a document showing proof the applicant is a tax-exempt non-profit
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organization;
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7. Proof of insurance required by this chapter;
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8. The date(s), time(s), and location(s) where the special event is to be
conducted, including assembly and disbanding;
9. A site plan including but not limited to:
a. Portable structures,
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C.
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Site-built structures,
Staging,
Reviewing stand(s),
Elevated platforms,
Temporary pedestrian bridges,
Tents or canopies,
On-site grading,
Portable restrooms,
All on-site signs and banners that have a face area larger than
sixteen square feet and/or stand more than four feet above the ground,
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Any travel routes,
Assembly or production areas,
Electrical sources and connections,
Fuel storage,
Cooking and open fires,
Water supply,
Run-off containment features,
Waste recycling containers,
Accessible parking,
Access points and routes for disabled persons,
Access points for emergency fire and ambulance equipment,
Emergency medical services area(s),
Any vehicles located in an enclosed area,
Pyrotechnics,
Inflatable(s),
aa. Animals and animal rides,
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5 dd. Other similar information that will describe the components of the
6 event;
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10. The location and description of all off-site signs, banners or attention
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getting devices;
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bb. Carnival rides,
cc. Location to accommodate individuals desiring to express opinions
not consistent with the purpose or intent of the event, and
11. A detailed traffic control plan (TCP) for a major event and parking
management plan, consistent with standards set forth in the National Manual on
Uniform Traffic Control Devices or the California Supplement to the National
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lots which the special event will impact by restricting the public's normal, typical or
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customary use thereof;
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12. The approximate number of participants, spectators, animals and
vehicles;
13. The number of persons proposed or required to monitor or facilitate
the special event and to provide spectator or participant control and direction for
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events using city streets, sidewalks, or facilities;
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14. Provisions for first aid and emergency medical services;
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15. The number, type and location of sanitation facilities;
16. Provisions for recycling per Public Resources Code Sections 42648
through 42648.7;
17. Pollution prevention in compliance with city's municipal National
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equipment, or other attention-getting devices to be used in connection with the
6 special event.
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D. Applications for special event permits for spontaneous demonstration
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held to react to current events shall provide the information in subsections (C)(1),y
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Pollutant Discharge Elimination System permit, city ordinances and the city
"Jurisdictional Urban Runoff Management Plan (JURMP)";
18. A description of any recording equipment, sound amplification
(C)(7), (C)(11) and (C)(18) of this section only.
E. Applicants for a repeated event held on private property (such as
fireworks) may file one annual special event application identifying the event dates
for one calendar year.
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(Ord. NS-811 § 2 (part), 2006)
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8.17.090 - Release and indemnification requirement.
Permittee agrees to waive and release the city of Carlsbad and its officers,
agents, employees and volunteers from and against any and all claims, costs,
liabilities, expenses or judgments including attorney's fees and court costs arising
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out of the activities of this special event or any illness or injury resulting there from,
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and hereby agree to indemnify and hold harmless the city of Carlsbad from and
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against any and all such claims, whether caused by negligence or otherwise,24
except for illness and injury resulting directly from gross negligence or willful
misconduct on the part of the city or its employees.
(Ord. NS-811 §2 (part), 2006)
8.17.110-Signs.
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5 1. Shall not exceed sixteen square feet in sign area with a minimum
6 letter size of four inches;
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2. Shall be posted on any street on which more than two intersections
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will be closed, and any secondary arterial, major arterial, or prime arterial that willy
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A. The permittee shall post street closure notification signs at locations
approved by the city manager which include the name of the event, date, time and
location of the closure and which:
be closed as a result of the special event;
3. Shall be posted a maximum of fifteen days and a minimum of ten
days prior to the scheduled closure; and
13 4. Shall be removed within two days following the conclusion of the
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event.
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B. The permittee may post a maximum of eight signs that promote the16
event at locations approved by the city manager. Event promotion signs shall meet
the following conditions:
1. The event promotion sign(s) shall not exceed sixteen square feet in
20 sign area;
21 2. Shall not be posted more than sixteen days prior to the event; and
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3. Shall be removed immediately but in no event more than two days
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following the event.24
C. The permittee shall post traffic control and/or directional signs the
day or days of the special event as required by the permit. Traffic control and/or
directional signs shall meet the following conditions:
1. The location of all traffic control and/or directional signs shall require
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than four hours after the conclusion of the special event. Any sign(s) left out after
6 four hours may be removed by city staff and disposed of without compensation to
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event organizer.
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D. The permittee for a special event permit may post signs and banners9
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approval of the city manager; and
2. Traffic control and/or directional signs shall not be posted more than
four hours prior to the start of the special event and shall be removed not more
during the special event at the special event venue.
1. All venue sign(s) with more than sixteen square feet of sign area or
signs that are more than four feet above ground level shall be identified on the site
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2. Each venue signs and/or banners shall be less than fifty square feet
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of sign area.
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(Ord. NS-811 § 2 (part), 2006)
8.17.120-Notification.
A. The applicant for:
1. A first time major event;
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3. A first time event at a city facility that is not authorized by facility use
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permit; or24 K
4. An event at a city facility that is not authorized by facility use permit
and that has not been held for more than two years; shall sponsor a meeting for all
affected parties. This meeting must be held not more than one hundred eighty
days prior or less than eighty days prior to the special event date. Affected parties
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manner in which the special event is to be held. Concerns regarding the message
6 or viewpoint of the event sponsor shall not be considered. The parks & recreation
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director may waive the minimum eighty-day time limit for the affected party8
meeting with a written finding of good cause if, after due consideration, the parks &y
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must be notified by the applicant via the United States Postal Service or by direct
distribution to all affected parties of the meeting a minimum often days prior to the
meeting. The purpose of this meeting will be to allow the special event sponsor to
identify and address concerns of affected parties regarding the time, place and
recreation director determines that because of the limited scope and complexity of
the event when considering the application criteria, there will be adequate time for
review by and input of concerned affected parties.
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the notification described in subsection A shall notify all affected parties of the
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event not more forty days nor less than thirty days prior to the special event date
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via the United States Postal Service or by direct distribution to all affected parties.
The notification shall contain information concerning the event and information on
how to contact the applicant and the special events committee before and after the
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21 C. All applicants for a special event permit shall notify via the United
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States Postal Service or by direct distribution to all affected parties of the event not
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more than fifteen days prior or less than ten days prior to the special event date24
with information concerning the event and information on how to contact the
applicant and the special events committee before and after the event.
(Ord. NS-811 § 2 (part), 2006)
8.17.170 - Notice to city and other officials.1
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development director, and the manager or responsible head of each public
6 transportation utility, the regular routes of whose vehicles will be affected by the
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route or location of the proposed special event.
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(Ord. NS-811 § 2 (part), 2006)y
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Immediately upon the issuance of a special event permit, the parks &
recreation director will send a notice thereof to the city manager, the city attorney,
the police chief, the fire chief, the utilities director, the community & economic
8.17.190 - Contents of permit.
Each special event permit will contain the following information or
13 conditions, which is pertinent to the event:
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A. The dates and times when the special event is to be held;
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B. The dates and time roads will be closed;16
C. The set-up or staging time;
D. The time clean-up or dismantling will be completed;
E. The location of the special event venue, including set-up or staging
area, if any, and clean-up or dismantling area, if any;
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F. The specific route of the special event;
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G. The number of persons, and type and number of animals and
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vehicles, the number of bands, other musical elements and equipment capable of
producing sound, if any, and noise limitations thereon;
H. The location of reviewing or audience stands;
I. A copy of the traffic control plan (TCP) and/or parking management
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plan including the number and location of traffic controllers, monitors, other
personnel and equipment and barricades to be furnished by the special event1
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and related sales activity by the permittee during the special event;
6 K. Provisions for any required emergency medical services;
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L. The applicant's recycling plan;
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M. The applicant's plan to control water run-off and other contaminates9
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permittee;
J. Conditions or restrictions on the use of alcoholic beverages and
authorization for the conditions of the exclusive control or regulation of vendors
that may enter the city storm drain system;
N. Provisions for cleaning-up and restoration of the area or route of the
event both during and upon completion of the event;
13 O. The requirement for the on-site presence of the special event
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organizer or a designated representative for event coordination and management
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purposes who shall carry the special event permit upon his/her person during the
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special event.
(Ord. NS-811 § 2 (part), 2006)
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20 SECTION 4: That Section 8.17.070 of Chapter 8.17 of the Carlsbad Municipal
21 Code is amended by adding subsection "D" to read as follows:
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8.17.070-Fees.
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D. Third Party Fee. If the permittee provides for or allows third party vendors
to participate in the special event, the permittee shall pay an additional
nonrefundable fee, as set forth in the schedule of service costs approved by city
28 council resolution, reasonably calculated to reimburse the city for its actual and
necessary costs in receiving, processing and reviewing the application that
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Code is amended by adding subsection "E" to read as follows:
8.17.110-Signs.
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E. Signs stating "no parking/tow away" shall be posted 72 hours in advance of9
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includes third party vendors. The amount of the additional fee shall be established
by resolution of the City Council.
SECTION 5: That Section 8.17.110 of Chapter 8.17 of the Carlsbad Municipal
the event start time.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
13 Council on the 2?th day of .Tniy , 2010, and thereafter
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5 ABSENT:
APPROVED AS TO FORM AND LEGALITY:
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
13 ATTEST:
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7 LORRAINE M. WOOD, City Clerk
(Seal)
EXHIBIT 2
1 RESOLUTION NO. 2010-199
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ESTABLISHING A THIRD
3 PARTY VENDOR FEE FOR SPECIAL EVENTS, AND
ADDITION OF THE FEE TO THE MASTER FEE
SCHEDULE
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6 WHEREAS, the Special Events division has been tasked by the City Council to
7 streamline and improve the special events application process; and
8 WHEREAS, in order to improve customer service, and attract and retain high
9 quality community events to the city, the Parks & Recreation Department recommends
10 the establishment of a specified amount for the third party vendor fee for special events
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that covers all vendors participating in a special event under a single permit; and
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WHEREAS, the third party vendor fee for special events will be $125 for the first
day, $100 for the second day, and $75 for each day thereafter.
WHEREAS, implementation of the third party vendor fee amount for special
16 events will require the that the associated fee be added to the Master Fee Schedule;
17 and
WHEREAS, the City Council finds it necessary to recover a portion of its costs for
19 city services; and
20 WHEREAS, the City Council of the City of Carlsbad has the authority to establish
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fees for city services; and
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WHEREAS, concurrent with this action and by Ordinance, the City Council of the
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City of Carlsbad is amending Section 8.17.070 Fees of Chapter 8.17 adding subsection
25 "D" thereby creating a third party fee for special events; and
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1 1. That the above recitations are true and correct.
2 2. That the third party vendor fee for special events of $125 for the first day,
$100 for the second day, and $75 for each day thereafter is approved.
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3. That the third party vendor fee for special events is added to the city's
Master Fee Schedule, effective as of the effective date of the Ordinance that created6
7 Section 8.17.070D.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of July, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LdRRA^E M. WOOD, City Clerk O
(SEAL)
EXHIBITS
Chapter 8.17 - SPECIAL EVENTS
8.17.010 - Purpose and intent.
The city council recognizes that special events enhance the city's lifestyle and provide benefits to area
residents, visitors, and businesses through the creation of unique venues for expression, recreation, and
entertainment that are not normally provided as a part of governmental services. However, the city
council also recognizes that special events, if unregulated, can have an adverse effect on the public
health, safety and welfare due to noise, traffic, safety, and health hazard impacts. The purpose and
intent of this chapter is to set forth reasonable regulations by establishing a process for permitting
special events within the city, to protect the rights and interest granted to special event permit holders,
to ensure the health and safety of patrons of special events, to prohibit illegal activity from occurring
within special event venues, and to minimize any adverse effects from special events while ensuring the
orderly and efficient use of public property and city services. It is further intended to create a
mechanism for cost recovery for special events without having an adverse effect on those special events
that contribute to the community. It is also the intent of the council to protect the rights of citizens to
engage in protected free speech expression activities and yet allow for the least restrictive and
reasonable, time, place and manner regulation of those activities within the overall context of rationally
regulating special events that have an impact upon public facilities and services.
(Ord. NS-811 § 2 (part), 2006)
8.17.020 - Definitions.
Except where the context otherwise requires, for the purposes of this chapter, the following definitions
apply:
A. "Affected parties" means businesses and residents located within three hundred feet of the area
around the special event that are likely to experience impact from the special event.
B. "City manager" means the city manager or his/her authorized designee.
C. "Demonstration" means any formation, procession or assembly of fifty or more persons which,
for the purposes of expressive activity, is:
(i) To assemble or travel in unison on any street in a manner that does not comply with
normal traffic regulations or controls; or
(ii) To gather at a public park or other public area.
D. "Event" includes special event or a demonstration.
E. "Event organizer promoter" means any person who conducts, manages, promotes, organizes,
aids or solicits attendance at a special event.
F. "Expressive activity" includes conduct, the sole or principal object of which is the means of
opinion, views, or ideas and for which no fee or donation is charged or required as a condition of
participation in or attendance at such activity. It includes public oratory and distribution of
literature.
G. "Major event" means a special event that requires a traffic control plan for three or more
intersections of any street or requires a traffic control plan for a secondary arterial, major
arterial or a prime arterial.
H. "Minor event" means a special event that does not require a traffic control plan or that requires
a traffic control plan for two or fewer intersections and does not involve a secondary arterial,
major arterial or a prime arterial.
I. "Parks & Recreation Director" means the director of parks & recreation or his/her authorized
II. "Private property permit" means an minor event administrative permit issued by the community
& economic development director for a function held entirely on private property that does not
require a use of public property in a manner which impacts or restricts the public's normal or
typical use of such property or does not comply with the normal or usual traffic regulations or
controls or that require the provision of extraordinary city services and are therefore not
governed by this chapter.
iK. "Permittee" means a person to whom a special events permit has been issued.
KL "Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
tM- "Police chief" means the chief of police or his/her authorized designee.
MN. "Sidewalk" means any area or way set aside or open to the general public for purposes of
pedestrian travel, whether or not it is paved.
NQ. "Sound-amplifying system" means any system, apparatus, equipment, device, instrument or
machine designed for or intended to be used for the purpose of amplifying the sound or
increasing the volume of human voice, musical tone, vibration or sound wave.
OR. "Special event" means:
(i) Any organized formation, parade, procession or assembly consisting of fifty or more
persons, and which may include animals, vehicles or any combination thereof, which is to
assemble or travel in unison on any street which does not comply with normal or usual traffic
regulations or controls; or
(ii) Any commercial or noncommercial organized assemblage of fifty or more persons at any
public beach, public park, public water ways, street, or sidewalk which is to gather for a
common purpose under the direction and control of a person; or
(iii) Any other organized activity conducted by a person for a common or collective use,
purpose or benefit which involves the use of, or has an impact on, other public property or
facilities and the provision of city public safety services in response thereto;
(iv) Examples of special events include concerts, parades, circuses, fairs, festivals, block
parties, community events, fireworks, mass participation sports (such as marathons and running
events, bicycle races or tours, tournaments), or spectator sports (such as football, baseball and
basketball games, golf tournaments, surfing contests or other water competitions).
PQ. "Special event permit" means a permit as required by this chapter.
OR. "Spontaneous demonstration" is an event occasioned by news or affairs coming into public
knowledge less than forty-eight hours prior to such event.
R§. "Street" means any place or way set aside or open to the general public for purposes of
vehicular traffic, including but not limited to any berm or shoulder, parkway, public parking lot,
right-of-way, alley or median.
(Ord. NS-811 § 2 (part), 2006)
8.17.030 - Permit required.
No person shall engage in or conduct any special event unless a special event permit is issued by the city
manager or his/her authorized designee.
(Ord. NS-811 § 2 (part), 2006)
8.17.040 - Exceptions to special event permit requirement.
A special event permit is not required for any of the following:
A. Any organized activity within the scope of a conditional use permit, other land use approval or a
private property permit given or required for that use; or
B. Spontaneous demonstration, consisting of fifty or less persons, that do not involve the use of
vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment),
provided that:
(i) No fee or donation is charged or required as a condition of participation in or
attendance at such demonstration; and
(ii) The chief of police is notified at least thirty-six hours in advance of the commencement
of the demonstration; or
C. Lawful picketing; or
D. Funeral processions by a licensed mortuary; or
E. Activities conducted by a government agency acting within the scope of its authority.
(Ord. NS-811 § 2 (part), 2006)
8.17.050 - Special events committee.
A. The special events committee shall be comprised of the assistant city manager, community
development director, public works director, fire chief, police chief, housing and redevelopment
director, parks & recreation director and risk manager or their designated representatives. The
polico chief parks & recreation director will chair the committee.
B. The special events committee is charged with reviewing and providing recommendations to the
city manager regarding the approval or modification of an application for a special event permit
based upon the information required in the application with regard to considerations of public
2
safety, traffic flow and control, the disruption to residences and businesses; availability of
resources of city personnel and equipment to adequately ensure the public health, safety and
welfare.
C. The special events committee shall not recommend for approval a new event for the date, time
or location of a previously established reoccurring event unless the applicant of the previously
established reoccurring event notifies the city of their intent to not hold the event or no
application has been received by the city at the minimum application filing date.
(Ord. NS-811 § 2 (part), 2006)
8.17.060 - Application.
A. A person requesting a special event permit shall file an application, certified by affidavit on
forms provided by the police deportment parks & recreation department. The police chief parks
& recreation director will forward the application to the special events committee for review
and recommendation to the city manager.
B. The application shall be filed at least ninety days and not more than two years before the special
event is proposed to commence except for spontaneous demonstration held to react to current
events, which shall provide a minimum of thirty-six hours' notice. The minimum ninety-day
notice requirement may be waived by the police chief parks & recreation director upon written
finding that the limited scope of the event, both in size and magnitude, allows it to be
adequately reviewed in the time provided.
C. The application for a special event permit shall set forth all of the following information, if
applicable:
1. The name, address, e-mail address and telephone number of the applicant and event
organizer and its officers;
2. The names, addresses and telephone numbers of the headquarters of any organization
for which the special event is to be conducted, and proof of the authorized
representatives of the organization;
3. An acknowledgment of financial responsibility for any city fees or costs that may be
imposed for the special event by the applicant and any person authorizing the applicant
to apply for the permit on its behalf;
4. A description of the nature or purpose of the special event, including a description of
activities planned during the special event;
5. A statement of fees to be charged participants in the special event;
6. Identification of the Carlsbad location where special event sales will be reported to the
franchise tax board, a city of Carlsbad business license or a copy of a document showing
proof the applicant is a tax-exempt non-profit organization;
7. Proof of insurance required by this chapter;
8. The date(s), time(s), and location(s) where the special event is to be conducted,
including assembly and disbanding;
9. A site plan including but not limited to:
a. Portable structures,
b. Prefabricated structures,
c. Site-built structures,
d. Staging,
e. Reviewing stand(s),
f. Elevated platforms,
g. Temporary pedestrian bridges,
h. Tents or canopies,
i. On-site grading,
j. Portable restrooms,
k. All on-site signs and banners that have a face area larger than sixteen square
feet and/or stand more than four feet above the ground,
I. Any travel routes,
m. Assembly or production areas,
n. Electrical sources and connections,
o. Fuel storage,
p. Cooking and open fires,
q. Water supply,
r. Run-off containment features,
s. Waste recycling containers,
t. Accessible parking,
u. Access points and routes for disabled persons,
v. Access points for emergency fire and ambulance equipment,
w. Emergency medical services area(s),
x. Any vehicles located in an enclosed area,
y. Pyrotechnics,
z. Inflatable(s),
aa. Animals and animal rides,
bb. Carnival rides,
cc. Location to accommodate individuals desiring to express opinions not
consistent with the purpose or intent of the event, and
dd. Other similar information that will describe the components of the event;
10. The location and description of all off-site signs, banners or attention getting devices;
11. A detailed traffic control plan (TCP) for a major event and parking management plan,
consistent with standards set forth in the National Manual on Uniform Traffic Control
Devices or the California Supplement to the National Manual on Uniform Traffic Control
Devices for all streets, sidewalks and parking lots which the special event will impact by
restricting the public's normal, typical or customary use thereof;
12. The approximate number of participants, spectators, animals and vehicles;
13. The number of persons proposed or required to monitor or facilitate the special event
and to provide spectator or participant control and direction for events using city
streets, sidewalks, or facilities;
14. Provisions for first aid and emergency medical services;
15. The number, type and location of sanitation facilities;
16. Provisions for recycling per Public Resources Code Sections 42648 through 42648.7;
17. Pollution prevention in compliance with city's municipal National Pollutant Discharge
Elimination System permit, city ordinances and the city "Jurisdictional Urban Runoff
Management Plan (JURMP)";
18. A description of any recording equipment, sound amplification equipment, or other
attention-getting devices to be used in connection with the special event.
D. Applications for special event permits for spontaneous demonstration held to react to current
events shall provide the information in subsections (C)(l), (C)(7), (C)(ll) and (C)(18) of this
section only.
E. Applicants for a repeated event held on private property (such as fireworks) may file one annual
special event application identifying the event dates for one calendar year.
(Ord. NS-811 § 2 (part), 2006)
8.17.070 - Fees.
A. Major Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by
city council resolution, reasonably calculated to reimburse the city for its reasonable and
Z7
necessary costs in receiving, processing and reviewing applications for permits to hold a major
event, must be paid to the city of Carlsbad when an application is filed.
B. Minor Event Fee. A nonrefundable fee, as set forth in the schedule of service costs approved by
city council resolution, reasonably calculated to reimburse the city for its reasonable and
necessary costs in receiving, processing and reviewing applications for permits to hold a minor
event, must be paid to the city of Carlsbad when an application is filed.
C. If the application includes the use of any city facility and/or property, or if any city services are
required for the special event, the applicant must agree to pay for the services in accordance
with a schedule of service costs approved by city council resolution.
fL Third Party Fee. If the permittee provides for or allows third party vendors to participate in the
special event, the permittee shall oav an additional nonrefundable fee, as set forth in the
schedule of service costs approved by citv council resolution, reasonably calculated to reimburse
the citv for its actual and necessary costs in receiving, processing and reviewing the application
that includes third party vendors. The amount of the additional fee shall be established bv
resolution of the City Council.
(Ord. NS-811 § 2 (part), 2006)
8.17.080 - Police protection and other emergency services.
A. The police chief will determine whether and to what extent additional police protection, civilian
traffic control personnel, private security and volunteer staff are reasonably necessary to ensure
traffic control and public safety for the special event. The police chief will base this decision on
the size, location, duration, time and date of the special event, the expected sale or service of
alcoholic beverages, the number of streets and intersections blocked off from use by the public,
and the need to detour or preempt pedestrian and vehicular travel from the use of public
streets and sidewalks. The police chief shall provide, if police protection and/or other
emergency and safety services or equipment is deemed necessary for the special event, an
estimate of the cost of extraordinary city services and equipment required in writing. The
applicant will be billed for services after the event.
B. When the police chief is determining the size of the event and the security needed to protect
participants and spectators, the estimate, based upon reasonably known information, of
participants shall be determinative. The numbers of persons attending in response to an event,
to heckle, protest or oppose the sponsor's viewpoint shall not be considered in the cost of
providing police protection.
(Ord. NS-811 § 2 (part), 2006)
8.17.090 - Release and indemnification requirement.
Permittee agrees to waive and release the city of Carlsbad and its officers, agents, employees and
volunteers from and against any and all claims, costs, liabilities, expenses or judgments including
attorney's fees and court costs arising out of the activities of this special event or any illness or injury
resulting there from, and hereby agree to indemnify and hold harmless the city of Carlsbad from and
against any and all such claims, whether caused by negligence or otherwise, except for illness and injury
resulting directly from gross negligence or wilful willful misconduct on the part of the city or its
employees.
(Ord. NS-811 § 2 (part), 2006)
8.17.100 - Insurance requirements.
Whenever a special event, including but not limited to exhibits, fairs, athletic events, trade shows,
concerts, or conventions, requires a permit under the provisions of this code, the sponsor, promoter or
person conducting the special event shall provide evidence of commercial general liability insurance in a
form acceptable to the risk manager (and additional coverage(s) as appropriate for the activities of the
event), naming the city of Carlsbad as an additional insured, and with a coverage amount to be
determined by the risk manager according to the size and risk factors of the event. When determining
the size of the event and the risk to participants and spectators, the estimate of participants shall be
determinative. The person conducting the special event shall not be required to insure any risk arising
from persons attending in response to an event, to heckle or oppose the sponsor's viewpoint. The
insurance company or companies shall meet the requirements established by city council resolution for
all insurance required by the city. The insurance policy required by this section shall not be cancelled,
limited or not renewed without thirty days' prior written notice has been given to the city.
(Ord. NS-811 § 2 (part), 2006)
8.17.110-Signs.
A. The permittee shall post street closure notification signs at locations approved by the city
manager which include the name of the event, date, time and location of the closure and which:
1. Shall not exceed sixteen square feet in sign area with a minimum letter size of four
inches;
2. Shall be posted on any street on which more than two intersections will be closed, and
any secondary arterial, major arterial, or prime arterial that will be closed as a result of
the special event;
3. Shall be posted a maximum of fifteen days and a minimum of ten days prior to the
scheduled closure; and
4. Shall be removed within two days following the conclusion of the event.
B. The permittee may post a maximum of few eight signs that promote the event at locations
approved by the city manager. Event promotion signs shall meet the following conditions:
1. The event promotion sign(s) shall not exceed sixteen square feet in sign area;
2. Shall not be posted more than sixteen days prior to the event; and
3. Shall be removed immediately but in no event more than two days following the event.
C. The permittee shall post traffic control and/or directional signs the day or days of the special
event as required by the permit. Traffic control and/or directional signs shall meet the following
conditions:
1. The location of all traffic control and/or directional signs shall require approval of the
city manager; and
2. Traffic control and/or directional signs shall not be posted more than four hours prior to
the start of the special event and shall be removed not more than four hours after the
conclusion of the special event. Any sign(s) left out after four hours may be removed by
city staff and disposed of without compensation to event organizer.
D. The permittee for a special event permit may post signs and banners during the special event at
the special event venue.
1. All venue sign(s) with more than sixteen square feet of sign area or signs that are more
than four feet above ground level shall be identified on the site plan.
2. Each venue signs and/or banners shall be less than fifty square feet of sign area.
Ei Signs stating "no parking/tow awav" shall be posted 72 hours in advance of the event start time.
(Ord. NS-811 § 2 (part), 2006)
8.17.120-Notification.
A. The applicant for:
1. A first time major event;
2. A major event that has not been held for more than two years;
3. A first time event at a city facility that is not authorized by facility use permit; or
4. An event at a city facility that is not authorized by facility use permit and that has not
been held for more than two years; shall sponsor a meeting for all affected parties. This
meeting must be held not more than one hundred eighty days prior or less than eighty
days prior to the special event date. Affected parties must be notified by the applicant
via the United States Postal Service or bv direct distribution to all affected parties of the
meeting a minimum of ten days prior to the meeting. The purpose of this meeting will
be to allow the special event sponsor to identify and address concerns of affected
parties regarding the time, place and manner in which the special event is to be held.
Concerns regarding the message or viewpoint of the event sponsor shall not be
considered. The police chief parks & recreation director may waive the minimum eighty-
day time limit for the affected party meeting with a written finding of good cause if,
after due consideration, the police chief parks & recreation director determines that
because of the limited scope and complexity of the event when considering the
application criteria, there will be adequate time for review by and input of concerned
affected parties.
B. The applicant for a major special event permit that is not subject to the notification described in
subsection A shall notify all affected parties of the event not more forty days nor less than thirty
days prior to the special event date via the United States Postal Service or by direct distribution
to all affected parties. The notification shall contain information concerning the event and
information on how to contact the applicant and the special events committee before and after
the event.
C. All applicants for a special event permit shall notify via the United States Postal Service or by
direct distribution to all affected parties of the event not more than fifteen days prior or less
than ten days prior to the special event date with information concerning the event and
information on how to contact the applicant and the special events committee before and after
the event.
(Ord. NS-811 § 2 (part), 2006)
8.17.130 - Reasons for denial of a special event permit.
A. The city manager may only deny a special event permit to an applicant when any of the
following applies:
1. The application for the permit (including any attachments) is not fully completed and
executed.
2. The application for the permit contains a material falsehood or misrepresentation.
3. The applicant has failed to conduct a previously authorized event in accordance with law
or the terms of a permit, or both.
4. The use or activity would conflict with previously planned programs organized and
conducted by the city and previously scheduled for the same place and time.
5. A fully executed prior application for the same time and place has been received and a
permit has been or is likely to be granted authorizing uses or activities which do not
reasonably permit multiple occupancy of the particular site or part thereof.
6. The applicant has not complied or cannot comply with applicable federal, state or local
laws, regulations, ordinances or city council policy.
7. The applicant has not tendered the required application, indemnification agreement
and endorsement(s), insurance certificate, or security deposit for police and emergency
services and equipment within the times prescribed.
8. The applicant has not provided for the services of a required number of police officers,
fire and/or paramedic personnel, private security, civilian traffic controllers or event
volunteers/staff to ensure the safety of the event.
9. The applicant has not provided adequate sanitation and other required health facilities
on or adjacent to any public assembly area.
10. The applicant has not provided sufficient off-site parking or shuttle service, or both,
required to minimize any adverse impacts on public parking and traffic circulation in the
vicinity of the special event.
11. The applicant has not obtained the approval of any other public agency within whose
jurisdiction the special event or portion thereof will occur.
31
12. The use or activity would present an unreasonable danger to the health or safety of the
applicant, other users of the site, or the public.
13. The special event will require the exclusive use of beach or park areas during any period
in a manner which will have adverse impact on the reasonable use or access to those
areas by the general public.
14. The special event will create the imminent possibility of violent disorderly conduct likely
to endanger public health, safety and welfare or to result in property damage.
15. The special event will interfere with the normal access and function of businesses
and/or residences during any period in a manner, which will have adverse impact on the
reasonable use or access to those areas.
16. The special event will require the diversion of a great number of police employees from
their normal duties, thereby preventing reasonable police protection to the remainder
of the city.
17. The conduct of the special event will substantially interrupt the safe and orderly
movement of other pedestrian or vehicular traffic, including public transportation,
contiguous to its route or location.
B. The city manager shall not deny a special event permit to an applicant based upon the message,
content or viewpoint of the event sponsor.
(Ord. NS-811 § 2 (part), 2006)
8.17.140 - Notice of denial of application.
The city manager will act promptly upon a timely filed application for a special event permit and will
make a determination not less than twenty-eight calendar days prior to the event. The applicant will be
notified within two working days of said determination.
If the city manager does not act on a special event application at least twenty-eight calendar days prior
to the event, the application shall be deemed denied.
(Ord. NS-811 § 2 (part), 2006)
8.17.150 - Alternatives to permit application.
The city manager, in denying an application for a special event permit, may authorize the conduct of the
special event at a date, time, location, or route different from that named by the applicant and shall
propose alternative measures, which would cure any defects in the application. An applicant desiring to
accept the modifications to the application will, within five days after notice of the action of the city
manager, file a written notice of acceptance with the city manager.
(Ord. NS-811 § 2 (part), 2006)
8.17.160 - Appeal procedure.
A. Any applicant has the right to appeal the denial of a special event permit to the city council. The
denied applicant must make the appeal within five days after receipt of the denial by filing a
32-
written notice with the city clerk and a copy of the notice with the police chief. The city council
will act upon the appeal at the next regularly scheduled meeting following receipt of the notice
of appeal, which decision will be final.
B. In the event that the city council denies an applicant's appeal, the applicant shall be afforded
prompt judicial review of that decision as provided by California Code of Civil Procedure Section
1094.8.
(Ord. NS-811 § 2 (part), 2006)
8.17.170 - Notice to city and other officials.
Immediately upon the issuance of a special event permit, the police chief parks & recreation director will
send a eepy notice thereof to the city manager, the city attorney, the police chief, the fire chief, the
public works utilities director, the community & economic development director, the recreation director
(when permits arc issued which impact city parks and recreation facilities), tho postmaster, and the
manager or responsible head of each public transportation utility, the regular routes of whose vehicles
will be affected by the route or location of the proposed special event.
(Ord. NS-811 § 2 (part), 2006)
8.17.180 - Special events calendar.
The city will maintain a special events calendar. Events will be registered on the special events calendar
as "approved" or as "pending."
(Ord. NS-811 § 2 (part), 2006)
8.17.190 - Contents of permit.
Each special event permit will contain the following information or conditions, which is pertinent to the
event:
A. The dates and times when the special event is to be held;
B. The dates and time roads will be closed;
C. The set-up or staging time;
D. The time clean-up or dismantling will be completed;
E. The location of the special event venue, including set-up or staging area, if any, and clean-up or
dismantling area, if any;
F. The specific route of the special event;
Gr Minimum and maximum speed of vehicles or people in the special event;
H£. The number of persons, and type and number of animals and vehicles, the number of bands,
other musical elements and equipment capable of producing sound, if any, and noise limitations
thereon;
IM. The location of reviewing or audience stands;
±1. A copy of the traffic control plan (TCP) and/or parking management plan including the number
and location of traffic controllers, monitors, other personnel and equipment and barricades to
be furnished by the special event permittee;
KJ[. Conditions or restrictions on the use of alcoholic beverages and authorization for the conditions
of the exclusive control or regulation of vendors and related sales activity by the permittee
during the special event;
tK. Provisions for any required emergency medical services;
ML The applicant's recycling plan;
NM. The applicant's plan to control water run-off and other contaminates that may enter the city
storm drain system;
ON- Provisions for cleaning-up and restoration of the area or route of the event both during and
upon completion of the event;
PQ. The requirement for the on-site presence of the special event organizer or a designated
representative for event coordination and management purposes who shall carry the special
event permit upon his/her person during the special event.
(Ord. NS-811 § 2 (part), 2006)
8.17.200-Violations.
A. Violations of the terms and conditions of any of the following prohibitions in this chapter will
constitute a misdemeanor punishable by a fine of up to one thousand dollars, or by
imprisonment in the county jail for a term not exceeding six months, or by both:
1. To stage, present, or conduct any special event without first having obtained a permit
under this chapter;
2. To hamper, obstruct, impede, or interfere with any special event or with any person,
vehicle or animal participating or used in the special event;
3. To carry any sign, poster, plaque, or notice, whether or not mounted on a length of
material, unless such sign, poster, plaque, or notice is constructed or made of a cloth,
paper, or cardboard material;
4. For any person participating in any special event to carry or possess any length of metal,
lumber, wood, or similar material for purposes of displaying a sign, poster, plaque or
notice, unless such object is one and one-fourth inch or less in thickness and two inches
or less in width, or if not generally rectangular in shape, such object may not exceed
three-fourths inch in its thickest dimension.
B. Violations of the terms and conditions of any of the following prohibitions in this chapter will
constitute an infraction and shall be punished as provided for in Chapter 1.08 of this code:
1. To participate in a special event for which the person knows a permit has not been
granted;
2. To knowingly fail to comply with any condition of the permit;
3. For a participant in or spectator at a special event to knowingly violate any conditions or
prohibitions contained in the special events permit;
4. For any driver of a vehicle to drive between the vehicles or persons comprising a special
event when the vehicles or persons are in motion and are conspicuously designated as a
special event;
5. The police chief may prohibit or restrict the parking of vehicles along a street
constituting a part of a special event if the police chief posts or cause to be posted signs
to that effect. It is unlawful for any person to park or leave unattended any vehicle in
violation of the posted signs.
C. The police chief may, when reasonably necessary, waive parking regulations along a street
constituting a part of a special event.
(Ord. NS-811 § 2 (part), 2006)
8.17.210 - Revocation of permit.
The police chief may revoke a special event permit without prior notice upon violation of the permit or
when a public emergency arises where the police resources required for that emergency are so great
that deployment of police services for the special event would have an immediate and adverse effect
upon the health, safety and welfare of persons or property. Written notice of the revocation setting
forth the reasons therefore, shall be hand delivered or mailed to the applicant at the address provided
on the application.
(Ord. NS-811 § 2 (part), 2006)
8.17.220 - Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid or
unconstitutional by the decision of any court of competent jurisdiction, the decision will not affect the
validity of the remaining portions of this chapter. The city council declares that it would have passed the
ordinance codified in this chapter and each section, subsection, sentence, clause or phrase contained in
it irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are
declared invalid or unconstitutional.
(Ord. NS-811 § 2 (part), 2006)
Revisions to Chapter 8.17 of the
Carlsbad Municipal Code
& Master Fee Schedule
Mick Calarco, Recreation Services Manager
Parks & Recreation Department
Tuesday, July 27, 2010
Objective
•Make it easier to host events in the city
•Streamline and simplify special events
approval process
Recommendation
•Eliminate the requirement for multiple individual
business licenses
•Create a single “umbrella” permit for all third
party vendors
•Implement a third party vendor fee structure
•Amount of third party fee to be commensurate
with business license tax
Additional Revisions to Special Events
Ordinance
•Terminology updated to reflect organization
realignment
•Section for the posting of “No Parking / Tow
Away” signs added
Summary
•Process streamlined and simplified
•Only one “umbrella” permit needed
•Master fee schedule revised to reflect third
party vendor fee
•Minimal fiscal impact overall