Chapter 5.10
FESTIVALS
Sections:
5.10.010 Festival – Definitions.
5.10.020 Application for festival license.
5.10.030 Issuance of license – Term.
5.10.050 Licensee to be exempt from certain regulations.
5.10.060 Use of public ways, City property.
5.10.070 Nonissuance, revocation of license.
5.10.080 Unauthorized participation.
5.10.010 Festival – Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Festival” means any activity consisting of a not-for-profit organization deriving revenue by providing space within a designated area to a person or entity which is not tax-exempt for the purpose of allowing that person or entity to:
(1) Sell, barter, trade, exchange, or offer for sale or trade any goods, crafts, wares, articles, food products, or other items of personal property.
(2) Charge a fee for the use of any ride or amusement device.
(3) Charge a fee to participate in any game of skill or chance.
“Not-for-profit organization” means any entity which qualifies for tax-exempt status under the provisions of Section 501 of the Internal Revenue Code of the United States. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 1; 1982 Code § 110.25; 1983 Code § 11.110.25.]
5.10.020 Application for festival license.
A not-for-profit organization desiring a festival license shall complete an application for a festival license. The application shall contain the following information:
(A) The name of the organization;
(B) The address of the organization;
(C) A list of officers or such other persons who are responsible for, and have authority to act for, the organization;
(D) The address and phone number of persons listed in subsection (C) of this section;
(E) A description of the location of the festival;
(F) The dates and hours the festival will be held;
(G) A list of persons or organizations which are authorized by the applicant to participate in the festival;
(H) Such other information as may be required by the City Controller to properly administer the issuance of the license;
(I) A statement that the applicant agrees to the following:
(1) Regulate the conduct of the participants in the festival so that the festival is conducted in a safe and orderly manner.
(2) Investigate any complaints by the public concerning the conduct of the participants.
(3) Notify the appropriate law enforcement agencies of any suspected activities of the participants which may be a violation of State law or local ordinance.
(J) A statement that the applicant agrees to the terms and conditions of this chapter;
(K) A statement that the applicant shall promptly notify the City Controller of any changes or additions to the information contained in the application. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 2; 1982 Code § 110.26; 1983 Code § 11.110.26.]
5.10.030 Issuance of license – Term.
A not-for-profit organization may obtain a festival license from the office of the City Controller. The license shall be effective for the number of days granted or until revoked by the Board of Public Safety. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 3; 1982 Code § 110.27; 1983 Code § 11.110.27.]
5.10.040 License fee.
There is hereby imposed a fee of $25.00 upon a not-for-profit organization obtaining a festival license. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 4; 1982 Code § 110.28; 1983 Code § 11.110.28.]
5.10.050 Licensee to be exempt from certain regulations.
Any person or entity which is authorized to participate in a festival conducted by a not-for-profit organization which has been granted a festival license under this chapter shall be exempt from the provisions of Sections 11.110.01 through 11.110.06, and Chapters 5.05 and 5.20 EMC. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 5; 1982 Code § 110.29; 1983 Code § 11.110.29.]
5.10.060 Use of public ways, City property.
The licensee shall not use, block, partially obstruct, obstruct, or interfere with the free flow of traffic on any public street, right-of-way, or sidewalk, or use any City property until the department, board, or agency having jurisdiction over that property gives its approval. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 6; 1982 Code § 110.30; 1983 Code § 11.110.30.]
5.10.070 Nonissuance, revocation of license.
(A) The City Controller may refuse to issue a festival license to any organization which is unable or unwilling to fulfill the obligations imposed by this chapter.
(B) Any organization denied a license by the City Controller shall appeal that decision to the Board of Public Safety prior to initiating proceedings in a court of competent jurisdiction.
(C) The Board of Public Safety shall conduct a hearing prior to revoking a festival license.
(D) The Board of Public Safety may refuse to grant a license or revoke a license upon a determination that the licensee is unable or unwilling to fulfill the requirements of this chapter. [Ord. G-82-27, passed 5-3-82. 1962 Code, Ch. 766, § 7; 1982 Code § 110.31; 1983 Code § 11.110.31.]
5.10.080 Unauthorized participation.
(A) No person shall barter, trade, exchange, or offer for sale or trade any goods, crafts, wares, articles, food products, or other items of property or service within the authorized area of a licensed festival without the approval of the organization sponsoring the festival.
(B) All permits and licenses issued by the City shall be conditional upon compliance with this section. [Ord. G-85-41, passed 9-23-85. 1982 Code § 110.32; 1983 Code § 11.110.32.]
5.10.090 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [1982 Code § 110.99; 1983 Code § 11.110.99.]