Chapter 5.16
SPECIAL EVENTS
Sections:
5.16.025 Exempt activities or events.
5.16.050 Criteria for approval – Permit conditions.
5.16.055 Additional procedures for competing applications.
5.16.080 Revocation or suspension of permit.
5.16.010 Definitions.
As used in this chapter:
“Administrator” means the city manager or his designee.
“Applicant” means a person acting in his or her individual capacity or a corporation or association acting through an agent or officer of the corporation or association.
“Operator” means the individual listed on the permit as being in charge of the event and responsible for ensuring that the permit requirements are fulfilled.
“Special event” means any nonexempt event or activity whether conducted on public or private property, which places an additional demand on city resources or emergency services, including public health and safety. Unless exempted, the following types of activities or events require special event permits: (1) an event on public or private property which requires the closing of a street or other traffic control; (2) an event which involves the authorized sale or consumption of alcohol on public property in the city; (3) an event which involves sound amplification on public property in the city; (4) commercial activity or use of city property (other than standard concession agreements). An event, regardless of the location, conducted by the city of Lincoln City, its authorized employees, or contractors, is not a special event under this chapter.
“Special events committee” means a committee appointed by the city manager which may include representatives of outside agencies and city departments, including but not limited to city finance, visitor and convention bureau, public works, legal, and police departments, as well as the North Lincoln fire and rescue special district, and Pacific West ambulance service. (Ord. 2015-07 § 1; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.015 Applicability.
This chapter is primarily concerned with activities which use or directly impact public property as well as activities on private property which impact public facilities and services such as streets and public parking. Even when an activity is exempted from permitting under this chapter, the activity remains fully subject to LCMC Title 17 (Zoning) and all other city ordinances. No permit under this chapter can authorize use of private property for a use not authorized in the applicable zoning district. An activity conducted on city park or open space property may be exempt from the special event permit requirement of this chapter, but may still require a permit under the provisions of LCMC 12.16.085 (exclusive use permits). Be advised: A special event permit cannot authorize operation of a mobile food unit in the city. A separate license under Chapter 5.30 LCMC is required to operate a mobile food unit on public or private property in the city. Similarly, a special event permit cannot authorize operation of a street vendor cart on private property in the city. A separate license under Chapter 5.28 LCMC is required to operate a street vendor cart on private property in the city. (Ord. 2023-14 § 1; Ord. 2015-07 § 1)
5.16.020 Permit required.
No person or organization shall sponsor, organize, or conduct a special event as defined in LCMC 5.16.010 without first obtaining a permit from the administrator and paying any fees required therefor. (Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.025 Exempt activities or events.
No special event permit shall be required for the following:
A. An event held inside or outside on private real property, held in a zoning district and with a site plan approval which permits such indoor or outdoor use, and where the event or activity is entirely contained within the property, including parking. Notwithstanding the above, an off-site shared parking agreement or license may satisfy the on-site parking requirement.
B. An event conducted indoors, whether or not alcohol is sold or consumed, and whether or not there is sound amplification, at any of the following venues, provided occupancy limits for the facility are strictly observed and all other applicable regulations, including but not limited to applicable zoning, alcohol and noise regulations, are strictly observed:
1. Driftwood Library, when a permit is obtained;
2. Culinary Center, when a permit is obtained;
3. City Hall meeting rooms, when a permit is obtained;
4. Community Center, when an exclusive use permit is obtained;
5. Arts and Cultural Center;
6. All properties owned by the Confederated Tribes of the Siletz.
Commercial activity on city property identified in this exemption list is not authorized by this exemption, unless the activity is authorized by permit, is consistent with zoning, and a standard concession agreement is executed and the 10 percent concession (or flat rate) is paid.
C. An event conducted outdoors, with an expected attendance of fewer than 50 persons (participants and spectators), at any one time, at any of the following venues, provided all other applicable regulations, including but not limited to applicable zoning, alcohol and noise regulations, are strictly observed:
1. City parks, including ball fields, when an exclusive use permit is obtained;
2. Arts and Cultural Center;
3. All properties owned by the Confederated Tribes of the Siletz.
Unless otherwise provided by written agreement (e.g., lease), commercial activity on city property identified in this exemption list is not authorized by this exemption, unless the activity is authorized by permit, is consistent with zoning, and a standard concession agreement is executed and the 10 percent concession (or flat rate) is paid.
D. Be advised: even when an event or activity is exempt from the permit requirements of this chapter, it may require other permits or authorizations from the city or applicable state agencies (e.g., alcohol sale or use in city parks requires a permit or concession (Chapter 12.16 LCMC)) (e.g., process for OLCC temporary sales license (Chapter 5.20 LCMC)). (Ord. 2019-10 § 1; Ord. 2015-07 § 1)
5.16.030 Permit application.
A. Applications for a special events permit shall be made to the administrator at least 45 days prior to the start of the event and no more than one year prior to the start of the event. Permit applications shall not be accepted for processing by the administrator unless they are submitted at least 45 days prior to the start of the event. Organizers of annual special events or those events which will have significant additional demand on city services are encouraged to submit applications at least 90 days in advance of the event. Complex applications are encouraged to attend a preapplication conference prior to submission of a special event application. The fee for the preapplication conference shall be $20.00 or such greater fee as established by council resolution. Any fee paid for a preapplication conference shall be credited toward the special event application fee, should the special event application be completed within 12 months of the preapplication meeting. The administrator may, in extraordinary circumstances, accept a late application, but in no event less than 10 business days prior to an event. Any person desiring a special events permit shall apply at the finance department on official forms prepared by the city. Official city forms detailing application requirements shall be adopted by resolution of the city council. Incomplete applications shall not be processed. The completeness determination date establishes the order in which the applications are processed, except when there are competing applications for an extremely limited resource, such as a contestable ocean wave, in which case applications are processed following the procedure laid out in LCMC 5.16.055.
B. Each application shall include the following information:
1. The name and address of the event operator, and the name and address of any person or organization sponsoring the event, including its chairperson or director.
2. The proposed location, date and time for the proposed event.
3. The approximate number of people the event organizers expect to attend the event and the maximum number of people the organizers of the event are prepared to accommodate.
4. Whether sale or use of alcoholic beverages is proposed.
5. A detailed description of the event.
6. A description of city services, equipment and facilities requested or needed.
7. A list of prior events in Lincoln City or other locations that were conducted by the event operator or sponsor.
8. A description of the manner in which a sufficient supply of restroom and/or sanitation facilities will be provided to accommodate the maximum number of persons.
9. The proposed method and procedure for restoration and cleanup of the event location, including the removal of all litter.
10. A scale drawing showing adequate parking facilities for the number and types of vehicles anticipated within or adjacent to the location for which the permit is requested. The drawing must also indicate how adequate ingress and egress will be provided to or from such parking area to facilitate the movement of any vehicle at any time to or from the parking area. A list of streets impacted by the event also shall be provided, and the method by which traffic control will be accomplished.
11. The names of any event operator, organizer, or any current agent or employee thereof involved in the event, and who has signed a consent decree or order in the last five years or who has been convicted of a felony or any crime involving false statement or dishonesty within the past five years, and the nature of the offense, or consent decree or order, the state where the conviction, or consent decree or order occurred, and the year of such conviction, or consent decree or order.
12. A description of the manner in which access and all offered amenities will be made available to persons with disabilities, including available procedures. The applicant and all event organizers shall certify in writing, under penalty of perjury and false swearing that they have complied, and will comply for the entire duration of the event, with all applicable local, state and federal laws concerning the proposed event including, but not limited to those laws and regulations related to the Americans with Disabilities Act. The applicant shall further hold the city harmless, defend and indemnify the city, its officers and employees from any and all claims associated with failure of the applicant to comply with the incorporated laws during the event.
13. An explanation of the reasons, if the person applying for the permit is unable to provide any of the foregoing information.
14. The permit application must be signed by the applicant and swear or affirm before an Oregon notary that the applicant has carefully read the application and that all the information contained therein is true and accurate.
C. The application and information submitted with the application or subsequent thereto by the applicant are public records available for public inspection during regular city business hours.
D. After receipt of a completed application, the administrator will distribute copies of the application to all city departments that may be affected by the proposed event. Each department will review the application and describe any conditions or requirements that should be placed on the permit considering the anticipated demand on city services and potential costs of meeting the demand for city services to accommodate the proposed special event. Any department objections to granting the permit including concerns regarding additional impact from the special event on public streets or public health or safety shall also be stated. The city is not required by any provision of this chapter to grant a concession or permit for alcohol sale or use on city property. (Ord. 2021-07 § 1; Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 95-20 § 1; Ord. 91-15 § 2)
5.16.040 Fees.
A. Application Fee. Every application for a special event shall be accompanied by an application fee in an amount to be set by resolution of the council, for the cost of processing and reviewing the permit application. Such fee will not be refunded if a permit is not issued. The council may, by resolution, reduce, waive, or pay from other legally available funds the application fee for specified classes of applicants (e.g., applicants proven to be tax exempt organizations or entities (e.g., 501 (c)(3))).
B. Deposit. After review and analysis of the recommendations of the departments of the city and the potential costs to the city as a result of the special event, the administrator may set fees therefor, which fees shall not exceed the actual costs incurred by the city as a result of the additional costs incurred to provide public services for the event, considering the additional demand on city services and the cost of providing such services. A deposit, based on the estimated costs that will be incurred by the city, shall be paid to the city finance department prior to the issuance of the permit. In the event the amount of the deposit is not sufficient to pay all actual costs incurred by the city, the organizer of the event agrees to pay any additional costs after receipt of notice from the city of the additional amount due. Failure to pay such additional costs shall preclude the issuance of subsequent special events permits to such applicant or organization.
C. City Park and Facility Rental Rates. Staff shall not accept an application for processing an exclusive use permit or special event permit for a city park or city facility that does not have an established rental rate. Consult the latest city fee schedule for available city parks and city facilities. It is the determination of city council that such parks and facilities are not available for exclusive use and/or special events, except when such events are conducted by or through the city of Lincoln City. (Ord. 2019-10 § 2; Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.050 Criteria for approval – Permit conditions.
A. If, after review of the recommendations of the city departments as provided in LCMC 5.16.030(D), the administrator makes a preliminary determination that the proposed special event complies with the provisions of this chapter, that the proposed activity is lawful under federal, state, and local law, that the event is not adverse to the public interest, does not pose a significant risk to participants or spectators, and is not inconsistent with the size and capacity and function of the proposed location (including city park or facility), the applicant shall be required to meet the following conditions prior to, or as a condition of, the issuance of a permit:
1. Unless waived or reduced by the city manager and VCB director (Explore Lincoln City), the following insurances shall be required:
a. An applicant for exclusive use/special event shall be required to provide general commercial liability insurance coverage for the applicant’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. The administrator shall increase the minimum insurance required for high-risk activities after consultation with the city manager. High-risk activities include but are not limited to events and activities with rides, mechanical devices, inflatables, animals, fireworks, fire, or hazardous materials; in addition, an applicant for exclusive use/special event shall provide property damage insurance coverage in an amount not less than $119,300 per occurrence and $596,400 aggregate, said amounts to be adjusted from July 1, 2019, and every year thereafter, as determined by the State Court Administrator pursuant to ORS 30.273. A copy of a certificate of insurance naming the city, its officers and employees as an additional insured shall be supplied prior to issuance of the exclusive use/special event permit. The insurance policy shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. When an exclusive use/special event is located on park property, there shall be no reduction in insurance below applicable Oregon tort claim limits.
b. All parks or special event vendors (concessionaires) operating under the exclusive use permit or special event permit in a city park shall be covered by the insurance required herein or have separate vendor insurance meeting the city’s requirements. The city shall be named as an additional insured, with the coverage provided being primary coverage;
2. The applicant and event organizers shall comply with all applicable local, state and federal laws concerning the proposed event, including, but not limited to, those laws and regulations related to the Americans with Disabilities Act;
3. All parks or special event vendors (concessionaires) are permitted to operate in a city park only in approved locations to be determined by the director after consultation and approval of such locations by the city’s ADA coordinator. The special event permit shall reserve such location for the vendor only for a specified period of time as set forth in the permit. All applicable rental charges for such location shall apply;
4. The applicant and/or event organizer must be a person or legal entity registered to do business in the state of Oregon and possess an occupation tax permit (OTP) permit pursuant to Chapter 5.04 LCMC. The event organizer is also responsible to provide a list of all vendors engaging in commercial activity during the permit time frame and is responsible for providing evidence to the city that such vendors are registered to do business in the state of Oregon, possess OTPs and any applicable local, state or federal licenses for the activity performed (e.g., food handlers license). All vendors shall pay a 10 percent concession fee on gross revenue to the city and the applicant is responsible to guarantee that such fees are remitted to the city. All vendors and the applicant/organizer are subject to audit. Failure to submit to audit disqualifies such applicant/organizer and individual vendors from future special events, regular exclusive use parks concessions, or street vending under Chapter 5.28 LCMC;
5. In lieu of the 10 percent concession fee in subsection (A)(4) of this section, the parks director, in the director’s sole discretion, may elect to use a daily flat rate concession fee (in addition to regular rental charges) for use of the park facility. Such flat rate shall be established by council fee resolution;
6. Provide adequate restroom and sanitation facilities, parking and traffic control for the anticipated crowd and adhere to requirements for cleanup and restoration of the special events site;
7. Pay any deposits and fees required pursuant to LCMC 5.16.040. If the property used for the event is a city park facility or structure(s), pay the applicable fees for reservation of such space(s). Please note: Parks and city facilities without established exclusive use rental rates are not available for special events;
8. Agree to comply with all conditions specified in the permit;
9. Financial security shall be required to secure compliance with Lincoln City Municipal Code and with permit conditions (e.g., added cleanup costs or overtime costs) when requested by the parks director or police chief to secure protection of city facilities or provision of needed services. An applicant who has previously been granted or denied a permit, or conducted an event without a permit, may be denied a permit on such basis;
10. Indemnification. All special event permits issued under this chapter shall be subject to any rules and regulations relating to city facility or park use as contained in the city code or adopted by resolution of council and such other city, state or federal regulations as may apply to the activity or person(s) involved therein, including specifically the Americans with Disabilities Act. Any applicant issued a permit under this chapter shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the willful misconduct or negligence of the person or persons to whom such permit shall be issued, as well as for any breach of such rules, regulations, and ordinances, to the person or persons so suffering damages or injury, and shall indemnify, defend and hold harmless the city and its officers, employees and agents from any and all claims, demands, actions and suits (including all attorney fees and costs, through trial and on appeal) arising from the permittee’s use of the park under the permit. All persons to whom a permit has been granted must agree in writing on the application form or permit to hold the city harmless and indemnify the city from any and all liability for injury to persons or property occurring as a result of the activity sponsored by permittee. Said persons shall also be liable to the city for any and all damages to parks, facilities and buildings owned by the city which result from the activity of permittee or are caused by any who participate in said activity. The indemnification provisions of this section cannot be waived or released by city staff.
B. The city shall list the regulations and conditions that the organizer shall comply with in the permit. Such conditions may include but are not limited to the following:
1. The name of the event operator and who will be held responsible for ensuring that the permit requirements are fulfilled;
2. The number of police personnel and/or other city personnel that will be required to handle the event and the estimated cost for these services;
3. The location to which the event is limited;
4. The streets affected by the need for traffic control or that are authorized for use in conjunction with the event, and approved parking;
5. Personnel needed and responsibilities of the organizer;
6. Provisions for first aid care depending upon the size and magnitude of the event;
7. The procedure to be followed if alcoholic beverage consumption is to be allowed;
8. The number and location of restroom facilities to accommodate the expected crowd;
9. Indemnification of the city by the organizer. (Ord. 2019-10 § 3; Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 95-20 § 2; Ord. 91-15 § 2)
5.16.055 Additional procedures for competing applications.
In the event there are two or more competing applications for the same limited resource, and a special events permit has not already been issued, the following procedure shall apply:
A. If the administrator has determined that the applications are complete, and the conditions of the permit application are met, the administrator shall schedule a meeting of the special events committee.
B. The special events committee will establish a rating system to review and evaluate the competing applications. The rating system shall include the following criteria:
1. The number of years the applicant has held the event in Lincoln City.
2. Whether the applicant is local.
3. How well the applicant has managed prior events.
4. How well the applicant has complied with the special events permit requirements and conditions in the past.
5. Which event is more likely to draw overnight tourists to Lincoln City.
6. Which event is more likely to provide marketing and publicity for Lincoln City.
7. Which applicant has better financial backing and stability.
8. Which applicant has better expertise and experience.
9. Does the applicant have the backing and/or sponsorship of a well-respected professional organization.
10. Which applicant is more likely to hold the event again in future years.
C. The special events committee will hear presentations from the applicants.
D. The special events committee will select which applicant will receive a special events permit, using the rating system. Once a selection has been made, the administrator will issue the permit.
E. The special events committee may award additional special events permits to the competing applicant(s), so long as the applicant who holds the first special events permit has a right of first refusal. (Ord. 2015-07 § 1)
5.16.060 Permit issuance.
A. If the administrator determines that the requirements of this chapter and the conditions of the permit are met, the administrator will notify the applicant that the application has been approved and that the permit will be issued by the finance department after payment of all applicable fees.
B. In the event that the administrator finds any cause why the permit applied for should not be issued, the administrator shall deny the permit and notify the applicant in writing of such action and the reasons for denying the permit. (Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.070 Appeal.
An applicant who is aggrieved by the decision of the administrator in regard to the denial of the application for a permit shall have a right to appeal to the city manager. Such appeal will be taken by filing with the office of the city manager, within seven calendar days after notice of the denial, a written notice describing with certainty the action of the administrator from which the appeal is taken and a declaration that such person takes appeal to the city manager for such action. The city manager shall schedule the appeal for an administrative hearing within seven days and shall mail written notice to appellant of the date and time of the hearing. After holding a hearing, the city manager may reverse, affirm or modify in any respect the determination of the administrator. If the city manager acted as the administrator on the initial application, an appeal shall be filed as provided in Chapter 1.26 LCMC, except that the appeal timeframes of this section shall apply. (Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.080 Revocation or suspension of permit.
A special events permit may be temporarily suspended or revoked by the administrator or by the police chief or designee upon any of the following grounds:
A. If the patrons of a special event have become a disorderly or riotous assembly whereby the public peace or the safety of persons or property are threatened.
B. If the operator of such special event refuses to remove or cause to be removed from the event any person violating any of the provisions of the Lincoln City Municipal Code after such operator has been requested to do so by a police officer.
C. If the event operator or sponsor fails to comply with any of the regulations pertaining to special events or the conditions of the special event permit.
D. If a special event permit is revoked, the administrator shall have the discretion whether to accept a subsequent special event application submitted by the operator, sponsor, or responsible party involved in the event for which the permit was revoked including any person with an ownership interest in the event or in the operator, sponsor, or responsible party. (Ord. 2015-07 § 1; Ord. 2014-06 § 2; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.090 Inspection.
Special event premises should be open for inspection by any police officer of the city or by the State Fire Marshal or local designee at any and all times. (Ord. 2015-07 § 1; Ord. 2008-09 § 2; Ord. 91-15 § 2)
5.16.100 Violation – Penalty.
A. Any person who violates any of the provisions of LCMC 5.16.020 commits a Class B violation.
B. Any person who continues to operate a special event after revocation or during a temporary suspension of a special event permit, or violates any term, condition, restriction or limitation of such permit, commits a Class B violation. (Ord. 2015-10 §§ 5, 6; Ord. 2015-07 § 1; Ord. 2008-09 § 2; Ord. 91-15 § 2)