Chapter 19.24
SPECIAL EVENTS
Sections:
19.24.010 Definitions.
19.24.020 Special event permit required.
19.24.030 Exceptions to the special event permit requirement.
19.24.032 Expressive activity special event.
19.24.034 Special event administration.
19.24.036 Conditions affecting the issuance of a special event permit.
19.24.038 Limitations on special events.
19.24.040 Issuance of a special event permit does not obligate city services.
19.24.042 Other permits and licenses.
19.24.050 Priority of special event permits issuance.
19.24.060 Special event application process and timeline.
19.24.065 Special projects coordinator’s action on special event permit application.
19.24.070 Repealed.
19.24.080 Repealed.
19.24.110 Reasons for denial of a special event permit.
19.24.115 Revocation of special event permit.
19.24.120 Repealed.
19.24.125 Appeals from permit denial, modification, or revocation.
19.24.130 Display of special event permit required.
19.24.140 Contents of special event permit.
19.24.160 Insurance required to conduct special event.
19.24.170 Waiver of insurance requirements.
19.24.175 Conditions on alcohol service areas.
19.24.190 Special event fees.
19.24.200 Repealed.
19.24.260 Authorized special event vendors.
19.24.270 Repealed.
19.24.290 Repealed.
19.24.300 Repealed.
19.24.310 Penalties and cost recovery for violations.
19.24.340 Delegation of city manager’s authority.
19.24.350 City manager authorized to adopt rules and regulations.
19.24.010 Definitions.
Terms used in this chapter shall have the following meanings:
(1) “Certified race director” means a person who has successfully completed an educational program and received nationally recognized credentials showing the recipient has the knowledge required to conduct safe events for rides, runs, walks, and swims.
(2) “City council designated community event” means a special event designated as such by the city council which is intended primarily for Kirkland residents, is free of an admission charge, is organized by the city or a recognized Kirkland nonprofit agency, and is intended to celebrate an important community holiday, event, or tradition.
(3) “Community programs” means activities of an ongoing nature, typically at least four weeks in duration, which are open to the public and provided free of an admission charge, such as weekly farmer’s markets and park performing arts series.
(4) “Demonstration” means a public display of group opinion as by a rally or march, the principal purpose of which is expressive activity.
(5) “Director” means the director of the parks and community services department.
(6) “Event organizer” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event.
(7) “Event management company” means an entity with expertise in managing special events.
(8) “Expressive activity” includes conduct the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of political or religious 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. For purposes of this chapter, expressive activity does not include fairs, festivals, concerts, performances, parades, athletic events, fundraising events, or events the principal purpose of which is entertainment.
(9) “Fundraising event” means a special event held by a nonprofit entity that is primarily for the purposes of fundraising for the benefit of the sponsoring nonprofit.
(10) “Impromptu event” means free speech activities conducted without advanced planning or organization in response to a recent incident of wide concern or interest.
(11) “March” means an organized walk or event whose principal purpose is expressive activity in service of a public cause.
(12) “Picketing” means a person posted by a labor organization at a place of work affected by a strike; or a person posted for a demonstration or protest.
(13) “Rally” means a gathering whose principal purpose is expressive activity, especially one intended to inspire enthusiasm for a cause.
(14) “Sidewalk” means that portion of a right-of-way, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
(15) “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.
(16) “Special event service team” means representatives assigned by their respective department directors to represent the interests of their department as it relates to the issuance of special event permits.
(17) “Special event” means any fair, festival, concert, performance, show, parade, run/walk/bike, or other publicly attended entertainment or celebration which is to be held in whole or in part upon publicly owned property or public rights-of-way that causes the closure or limited use of streets, sidewalks, public parking, parks or other public venues normally accessible by the general public or a special event that causes significant impacts to the public or if held wholly upon private property, will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of such event.
(18) “Special event permit” means a permit issued under this chapter.
(19) “Special event venue” means that area for which a special event permit has been issued.
(20) “Street” means any place that is publicly maintained and open to use of the public for purposes of vehicular travel, including highways.
(21) “Tax-exempt nonprofit organization” means an organization that is exempted from payment of income taxes by federal or state law and has been in existence for a minimum of six months preceding the date of application for a special event permit.
(22) “Vendor” means any person who sells or offers to sell any services, goods, food, or beverages within a special event venue.
(23) “Weekday event” means a special event taking place on Monday, Tuesday, Wednesday, or Thursday or any combination of these days. No portion of the event may take place on Friday, Saturday, or Sunday.
(24) “Weekend event” means a special event taking place on Friday, Saturday, or Sunday. (Ord. 4842 § 1, 2023; Ord. 4431 § 1, 2013: Ord. 4116 § 2 (part), 2007)
19.24.020 Special event permit required.
(a) Except as provided elsewhere in this chapter, any person or entity who conducts, promotes, or manages a special event shall first obtain a special event permit from the special projects coordinator.
(b) It is unlawful to conduct or manage a special event without a special event permit as required pursuant to this chapter.
(c) It is unlawful for any person to promote any special event for which initial approval has not been obtained from the city. (Ord. 4842 § 2, 2023; Ord. 4116 § 2 (part), 2007)
19.24.030 Exceptions to the special event permit requirement.
(a) The following activities are exempt from having to obtain a special event permit:
(1) Athletic events and tournaments that occur exclusively in city parks, which must be applied for through a separate city process;
(2) Funeral procession by a licensed mortuary;
(3) Impromptu events intended to be held on public property outside the traveling lanes of the right-of-way and for which advance coordination with the city for permitting is not feasible. Kirkland police department notification is required in advance;
(4) Temporary sales conducted by businesses, such as holiday sales, grand opening sales, sidewalk sales, or anniversary sales;
(5) Garage sales, rummage sales, lemonade stands and car washes;
(6) Private events held entirely on private property that do not involve the use of or have an impact on public property or facilities and that do not require the provision of city public safety services;
(7) Activities conducted by a governmental agency acting within the scope of its authority;
(8) Lawful picketing on sidewalks;
(9) Block parties, which must be applied for through a separate, streamlined city process; and
(10) Film and photography activities, which must be applied for through a separate, streamlined city process.
(b) Although not required to be issued a special event permit, an event organizer of an activity exempted from this chapter is required to comply with all local, state, and federal laws and regulations governing public safety or health. (Ord. 4842 § 4, 2023; Ord. 4431 § 2, 2013: Ord. 4116 § 2 (part), 2007)
19.24.032 Expressive activity special event.
When a special event permit is sought for an expressive activity such as a demonstration, rally, or march as defined in this chapter, the following exceptions shall apply:
(1) An application for an expressive activity special event permit shall be filed with the special projects coordinator no less than fifteen calendar days before the time when it is proposed to conduct the expressive activity. Upon good cause shown and provided that no risk or burden to the city ensues, the special projects coordinator may, at their discretion, allow a later filing.
(2) Where the special event will not require temporary street closures, fees shall be limited to the application fee.
(3) The insurance requirement of Section 19.24.160 shall be waived; provided, that the event organizer has filed with the application a verified statement that they intend the special event purpose to be First Amendment expression and the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression. The verified statement shall include the name and address of one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.
(4) Where the special event will require temporary street closures requiring the city to provide services in the interests of public health, safety, and welfare, the special projects coordinator may condition the issuance of the special event permit upon payment of actual, direct costs incurred by the city to a maximum of five hundred dollars. Any fee schedule adopted by the city shall contain a provision for waiver of fees for city services, including police costs, on the basis of ability to pay.
(5) The city may deny a special event permit for a demonstration, rally or march for any of the following reasons:
(A) The special event will substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route;
(B) The special event will cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility;
(C) The special event will block traffic lanes or close streets during peak commute hours on weekdays between seven a.m. to nine a.m. and four p.m. to six p.m. on streets designated as arterials by the city’s public works department;
(D) The special event will require the diversion of police employees from their normal duties;
(E) The concentration of persons, animals, or vehicles will unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;
(F) The special event will substantially interfere with another special event for which a permit has already been granted or with the provision of city services in support of other scheduled special events;
(G) The special event will have significant adverse impact upon residential or business access and traffic circulation in the same general venue.
(6) With regard to the permitting of expressive activity special events where the provisions in this section conflict with the provisions in any other section of this chapter, the provisions of this section shall prevail.
(7) Sections 19.24.036, 19.24.110, and 19.24.260 shall not apply to expressive activity special events. (Ord. 4842 § 5, 2023; Ord. 4431 § 15, 2013: Ord. 4116 § 2 (part), 2007. Formerly 19.24.220.)
19.24.034 Special event administration.
(a) The special projects coordinator is authorized to issue permits for special events occurring within the city limits, pursuant to the procedures established in this chapter. The special projects coordinator shall coordinate the issuance of a special event permit with the special event service team and other public agencies through whose jurisdiction or property the special event or portion thereof occurs and to issue a special event permit upon the concurrence of other public agencies involved.
(b) The special projects coordinator is authorized to determine the special event date, time, and venue. The special projects coordinator may impose reasonable conditions on the use of the special events venue based on the provisions of this chapter.
(c) The special event service team ensures that special events are reviewed and permitted in a coordinated and consistent manner consistent with the Kirkland Municipal Code, and collaborates in providing excellent customer service to community event organizers. The special event service team includes representatives from departments that may condition the issuance of a special event permit by imposing reasonable requirements on the permit. (Ord. 4842 § 6, 2023)
19.24.036 Conditions affecting the issuance of a special event permit.
(a) The special projects coordinator may issue a special event permit when, based upon the completed application, all of the conditions listed in this section are met:
(1) The special event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route;
(2) The special event will not cause an irresolvable conflict with construction or development in the public right-of-way or at a public facility;
(3) The special event will not block traffic lanes or close streets on weekdays between seven a.m. to nine a.m. and four p.m. to six p.m. on streets designated as arterials by the city’s public works department;
(4) The special event will not require the diversion of police employees from their normal duties;
(5) The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets;
(6) The special event will move from its assembly location to its disbanding location expeditiously and without stopping en route;
(7) The special event will not substantially interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled special events or unscheduled governmental functions; and
(8) The special event will not have significant adverse impact upon residential or business access and traffic circulation in the same general venue.
(b) In order to ensure that the conditions in this section are met, the special projects coordinator may place conditions on the special event permit. (Ord. 4842 § 7, 2023; Ord. 4431 § 7, 2013: Ord. 4116 § 2 (part), 2007. Formerly 19.24.100.)
19.24.038 Limitations on special events.
(a) No more than two special event permits shall be issued per calendar month at any one venue, or along any one street.
(1) This limitation shall not apply to city council designated community events or community programs.
(b) Special events shall be limited to no more than three consecutive calendar days; provided, however, that limited duration events such as seasonal events lasting more than three consecutive calendar days may be allowed with the approval of the director and together with the imposition of any permit conditions as may be necessary to address anticipated event impacts, such as those related to public rights-of-way impacts, duration, operating hours, public safety, noise and glare. Special events may request additional time for load-in or load-out, pending availability. Load-in/load-out days will be charged to the special event based on the published fee schedule.
(c) Athletic events, including runs and bike races, shall be restricted to city streets or designated trails; sidewalks will remain open for use by the general public. Organized walks may take place on city streets, trails, or sidewalks.
(d) Athletic events held on city streets which include road closures, either rolling or stationary, shall clear the street of all participants and traffic control devices no later than twelve p.m.
(e) The special events service team shall have the authority to limit the number of participants in athletic events if deemed necessary to protect the health, safety and welfare of both the participants and the surrounding community. (Ord. 4842 § 8, 2023; Ord. 4676 § 1, 2018: Ord. 4523 § 1, 2016: Ord. 4431 § 6, 2013. Formerly 19.24.090.)
19.24.040 Issuance of a special event permit does not obligate city services.
Issuance of a special event permit under this chapter does not obligate or require the city of Kirkland to provide city services, equipment, or personnel in support of a special event. (Ord. 4116 § 2 (part), 2007)
19.24.042 Other permits and licenses.
The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to the Kirkland Municipal Code or any other applicable law. (Ord. 4842 § 9, 2023; Ord. 4116 § 2 (part), 2007. Formerly 19.124.280.)
19.24.050 Priority of special event permits issuance.
(a) City council designated community events shall have scheduling priority for the issuance of a special event permit. Dates and venues may be requested beginning on the first day of the month, thirteen months prior to the date of the proposed event. Dates will be reserved no sooner than the first day of the month, eleven months prior to the event date. When more than one applicant requests the same date and venue for their event, or the number of requests exceeds the established event limit for the requested venue, the following criteria will be used to evaluate and prioritize requests:
(1) The event and/or the event organizer have a demonstrated history of success in producing events in Kirkland.
(2) The event is unique in its purpose and adds cultural diversity as compared to other events typically held in Kirkland.
(3) The event provides free and/or low-cost opportunities for those who cannot afford to attend.
(4) The event provides opportunities for local businesses and organizations to participate and be involved.
(5) The extent to which the event directly benefits a nonprofit organization serving Kirkland residents.
(6) The event supports a city council goal or city work program initiative.
(7) The event is expected to generate a positive economic impact by attracting out-of-town visitors to Kirkland and increasing visitor expenditures in Kirkland. (Ord. 4842 § 10, 2023; Ord. 4431 § 3, 2013: Ord. 4116 § 2 (part), 2007)
19.24.060 Special event application process and timeline.
(a) A special event organizer interested in holding a special event may submit an event interest form up to thirteen months, but no less than six months, prior to the desired event date to request a date and venue.
(1) Notwithstanding the special projects coordinator’s acceptance of an event interest form, the date of the event shall not be considered confirmed and the applicant shall not market or promote the event until the special event team has reviewed the initial event proposal and the special projects coordinator issues a written notice of confirmation.
(b) An application for a special event permit shall be filed with the special projects coordinator not less than five months before the proposed special event. Upon good cause shown and provided that no risk or burden to the city ensues, the special projects coordinator has discretion to allow a later filing.
(c) Event applications will be reviewed by the special event service team to determine the suitability of the event and to make any changes or modifications to the application.
(d) Event organizers are required to attend a pre-event meeting if the event involves road closures, city resources, high-risk activities, or deemed necessary by the special projects coordinator.
(e) An application for a special event permit is deemed complete when the applicant has provided all of the information and supplemental materials required by the special projects coordinator, and where city services are to be provided, the application has been approved by all involved city departments, or the special event service team, and the city manager and the city council, if required. The deadline for applications to be deemed complete shall be no later than twenty-one calendar days before the date of the event. Late submissions are subject to a late fee. (Ord. 4842 § 11, 2023; Ord. 4116 § 2 (part), 2007)
19.24.065 Special projects coordinator’s action on special event permit application.
(a) Except as otherwise provided in this section, the special projects coordinator shall take final action upon a completed application for a special event permit no less than five business days prior to the event.
(b) The special projects coordinator is not required to take final action on an incomplete or untimely special event permit application.
(c) Final action on a completed special event permit application shall consist of one of the following:
(1) Issuance of a special event permit in accordance with the terms of the application, as conditioned by the special projects coordinator or as modified by mutual agreement between the special projects coordinator and the applicant; or
(2) Denial of the special event permit application by the special projects coordinator. (Ord. 4842 § 13, 2023; Ord. 4431 § 10, 2013: Ord. 4116 § 2 (part), 2007. Formerly 19.24.150.)
19.24.070 When application for special event permit is deemed complete.
Repealed by Ord. 4842. (Ord. 4431 § 4, 2013: Ord. 4116 § 2 (part), 2007)
19.24.080 Date of special event not confirmed until notice of confirmation issued.
Repealed by Ord. 4842. (Ord. 4116 § 2 (part), 2007)
19.24.110 Reasons for denial of a special event permit.
(a) The special projects coordinator may deny a special event permit to an applicant for any of the following reasons:
(1) Applicant has not met all of the requirements for submitting an application for a special event permit;
(2) Applicant has not provided an adequate first aid or emergency medical services plan based on special event risk factors;
(3) Applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur; or
(4) Applicant has not paid all fees due for the requested event or from a previous special event.
(b) The special projects coordinator may deny a special event permit if in the special projects coordinator’s opinion:
(1) The special event will create the imminent possibility of violent disorderly conduct likely to endanger public safety or to result in significant property damage;
(2) The special event will violate public health or safety laws;
(3) The special event fails to conform to the requirements of law or duly established city policy;
(4) The applicant demonstrates an inability or unwillingness to conduct a special event pursuant to the terms and conditions of this chapter.
(c) The special projects coordinator may deny a special event permit to an applicant who has failed to comply with any term of this chapter or with any condition of a special event permit previously issued to the applicant. (Ord. 4842 § 14, 2023; Ord. 4431 § 8, 2013: Ord. 4116 § 2 (part), 2007)
19.24.115 Revocation of special event permit.
(a) Any special event permit issued pursuant to this chapter is subject to revocation, pursuant to this section.
(b) A special event permit may be revoked if the city determines any of the following:
(1) The special event cannot be conducted without violating the standards or conditions for special event permit issuance;
(2) The special event is being conducted in violation of any condition of the special event permit;
(3) The special event poses a threat to health or safety;
(4) The event organizer or any person associated with the special event has failed to obtain any other permit required pursuant to the provisions of this chapter;
(5) The special event permit was issued in error or contrary to law;
(6) The event organizer has not provided sufficient monitors for crowd control and safety;
(7) The event organizer has not provided a sufficient number of trained and certified traffic controllers.
(c) Except as provided in this section, notices of revocation shall be in writing and specifically set forth the reasons for the revocation.
(d) If there is an emergency requiring immediate revocation of a special event permit, the special projects coordinator may notify the permit holder verbally of the revocation. The special projects coordinator shall follow up with a written notice of revocation within forty-eight hours, providing the specific reasons for the revocation.
(e) An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of special event permits, pursuant to Section 19.24.125. (Ord. 4842 § 15, 2023; Ord. 4431 § 13, 2013: Ord. 4116 § 2 (part), 2007. Formerly 19.24.180.)
19.24.120 Denial of a special event permit application—Appeals from denial.
Repealed by Ord. 4842. (Ord. 4116 § 2 (part), 2007)
19.24.125 Appeals from permit denial, modification, or revocation.
(a) Any event organizer who objects to the revocation or denial of a special event permit; to a limitation on the number of participants; to required modifications of the date, venue, or activities; to the imposition of fees; or other decision by the special projects coordinator may appeal for a review of the decision.
(b) An appeal shall be submitted to the special projects coordinator within seven calendar days of the date the applicant or event organizer was notified. Appeals must be made in writing (an email is acceptable) and must include the grounds for appeal along with any documentation in support of the appeal.
(c) The special projects coordinator shall present the appeal to the city manager or their designee for review.
(d) The city manager or their designee will review the appeal and will make reasonable efforts to issue a written decision within ten business days following the city manager’s receipt of the appeal. (Ord. 4842 § 17, 2023)
19.24.130 Display of special event permit required.
A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the special projects coordinator applicable to the particular special event and shall be exhibited upon demand of any city official. (Ord. 4842 § 18, 2023; Ord. 4116 § 2 (part), 2007)
19.24.140 Contents of special event permit.
(a) The city may condition the issuance of a special event permit by imposing reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property, and the control of traffic. A special event permit may include the following information or conditions:
(1) The conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event;
(2) The provisions for any required emergency medical services; and
(3) Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this chapter, including the requirement for a professional event management company or certified race director to produce an event or for the on-site presence of the event organizer or its designated representative for all special event coordination and management purposes.
(4) Any other conditions deemed appropriate by the special projects coordinator.
(b) As a condition of the issuance of a special event permit, the applicant may be required to do a walk-through of the event site with the special projects coordinator prior to the event, and make adequate provisions for cleaning the area or route of the special event both during and upon completion of the special event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the special event.
(c) An event organizer cannot make changes to the permit or any other city-issued document. All requests for changes must be submitted for review and approval by the special projects coordinator. (Ord. 4842 § 19, 2023; Ord. 4431 § 9, 2013: Ord. 4116 § 2 (part), 2007)
19.24.160 Insurance required to conduct special event.
(a) The event organizer of a special event must possess or obtain comprehensive general liability insurance to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the special event. Such insurance shall name the city of Kirkland, its officers, employees, and agents, and, as required, any other public entity involved in the special event, as additional insured. Insurance coverage must be maintained for the duration of the special event. Notice of cancellation shall be provided immediately to the city.
(b) Except as provided in this section, the comprehensive general liability insurance coverage required shall be in a combined single limit of at least one million dollars.
(c) If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the city’s safety/risk analyst may authorize a greater or lesser amount of coverage than otherwise required, or may require a particular type of insurance coverage different from that specified in this section.
(d) The insurance required by this section shall encompass all liability insurance requirements imposed for other permits required under other sections of this chapter and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators or participants.
(e) The event organizer’s current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the special projects coordinator at least thirty calendar days before the special event, unless the special projects coordinator for good cause modifies the filing requirements. (Ord. 4842 § 20, 2023; Ord. 4431 § 11, 2013: Ord. 4116 § 2 (part), 2007)
19.24.170 Waiver of insurance requirements.
(a) Except for special events where the sale of alcoholic beverages is authorized, the insurance requirements of Section 19.24.160 may be waived if approved by the city’s safety/risk analyst or the city attorney. In making the determination of whether to waive insurance, the city shall consider the following factors:
(1) Whether it is an expressive activity special event governed by Section 19.24.032;
(2) Whether it is objectively impossible to obtain insurance coverage;
(A) To claim that it is objectively impossible to obtain insurance coverage pursuant to this section, the applicant shall submit a statement from at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the marketplace;
(3) Whether the special event will involve the use of equipment such as vehicles, animals, fireworks, pyrotechnics, water vessels, or inflatable bouncers; or
(4) Whether a fee or donation is charged or required as a condition of admission or participation in the special event.
(b) Even though insurance is waived, the city may require the event organizer of a special event to defend, indemnify, and hold harmless the city from any claim or liability arising from the special event. (Ord. 4842 § 21, 2023; Ord. 4431 § 12, 2013: Ord. 4116 § 2 (part), 2007)
19.24.175 Conditions on alcohol service areas.
(a) Alcohol service areas shall comply with all state laws and regulations relating to alcohol, all conditions imposed by the Washington State Liquor and Cannabis Board and shall be subject to the following conditions:
(1) The sale, service, and consumption of alcoholic beverages must be confined to a designated location(s).
(2) Alcoholic beverages may be sold, served, and consumed between eight a.m. and eleven p.m., seven days a week. After eleven p.m. no one may possess, consume, or be served alcohol.
(3) Alcoholic beverages may only be served when food is also available in conjunction with the special event.
(4) The event organizer is responsible for securing entrances and exits with staff checking for age twenty-one and over identification.
(5) Alcoholic beverages may not be removed from or brought into the alcohol service area; except for original unopened bottles purchased at the event for off-site consumption.
(6) The alcohol service area shall be enclosed with either a single fence that is at least six feet high or two fences that are no less than forty-two inches in height, separated by at least six feet.
(7) Tables, counters, ledges or similar surfaces may not be used as barriers between restricted and nonrestricted areas.
(8) Where alcohol is served or consumed, event organizers must maintain sufficient lighting so that identification may be checked and patrons may be observed for the enforcement of liquor laws and rules.
(9) The presence of no less than two city of Kirkland police officers is required during public alcohol service area hours.
(b) A breach of any of the foregoing conditions shall constitute grounds for immediate revocation of the permit. (Ord. 4842 § 22, 2023; Ord. 4431 § 19, 2013. Formerly 19.24.295.)
19.24.190 Special event fees.
(a) Unless otherwise exempted, a nonrefundable application fee shall be charged for all special events. The amount of the application fee shall be set administratively by the director or their designee. The application fee is due at the time of permit application.
(b) Unless otherwise exempted, a special event permit fee shall be charged for all special events. The amount of the permit fee shall be set administratively by the director or their designee and will be posted online. The special event permit fee must be paid no later than twenty-one days in advance of the event.
(c) Other fees associated with special events (i.e., other permits or licenses required, International Fire Code permits, park use and facility fees, utilities, police, signage, et cetera) are in addition to the application and permit fees. Additional fees associated with providing support services for the special event shall be estimated and documented in advance with notice provided to the applicant. These additional fees and estimated costs shall be paid in full no later than twenty-one days in advance of the event.
(1) Park use fees may be modified or waived for events which the city contracts with the event organizer to provide. Fee modifications or waivers must be documented in a separate agreement with the city approved by the director.
(d) The special projects coordinator has the discretion to reasonably modify the payment date in this section. Any such modification must be documented in writing.
(e) If the event organizer fails to comply with the setup, cleanup, load-in or load-out requirements of Section 19.24.140, the event organizer will be billed for additional park or facility use fees, cleanup, and repair of the special event area or route, and may be subject to a fine according to Section 19.24.310.
(f) If the event organizer fails to comply with Section 19.24.140 or this section under a previously issued special event permit, the special projects coordinator may require the event organizer to deposit adequate surety in the form of cash or bond. (Ord. 4842 § 23, 2023; Ord. 4523 § 2, 2016: Ord. 4431 § 14, 2013: Ord. 4116 § 2 (part), 2007)
19.24.200 Effect of receipt of donations on status of tax-exempt nonprofit organizations.
Repealed by Ord. 4842. (Ord. 4116 § 2 (part), 2007)
19.24.260 Authorized special event vendors.
(a) The issuance of a special event permit confers upon the permit holder or event organizer the right to control and regulate the sale of services, goods, food, and beverages within the special event venue in accordance with the terms and conditions of the special event permit.
(b) It is unlawful for any person to sell, resell, or offer to sell or resell, any goods, food, or beverages in a special event venue except for authorized special event vendors and vendors under city contract. (Ord. 4842 § 25, 2023; Ord. 4431 § 16, 2013: Ord. 4116 § 2 (part), 2007)
19.24.270 Unlawful to conduct or promote attendance at special event without permit.
Repealed by Ord. 4842. (Ord. 4431 § 17, 2013: Ord. 4116 § 2 (part), 2007)
19.24.290 Unlawful to sell goods in special event venue without authorization.
Repealed by Ord. 4842. (Ord. 4431 § 18, 2013: Ord. 4116 § 2 (part), 2007)
19.24.300 Cost recovery for unlawful special event.
Repealed by Ord. 4842. (Ord. 4116 § 2 (part), 2007)
19.24.310 Penalties and cost recovery for violations.
(a) The special event permit authorizes the applicant to conduct only such an event as is described in the permit, and in accordance with the terms and conditions of the permit.
(b) It is unlawful for the applicant to violate the terms and conditions of the permit, or for any event participant to violate the terms and conditions of the permit, or to continue with the event if the permit is revoked or expired.
(c) It is unlawful to organize, advertise, or conduct a special event without a special event permit when one is required, and such an event will be considered unauthorized. The special projects coordinator may determine that an unauthorized event should be granted a retroactive permit, in which case all applicable special event fees detailed in Section 19.24.190 will be charged together with an unauthorized event fee set administratively by the director or their designee.
(d) Any violation of this chapter is a civil infraction, punishable by a fine of two hundred fifty dollars per violation, and each day’s violation constitutes a separate offense.
(e) Any person violating this chapter shall be liable to the city for all city costs incurred as a result of the violation, which costs the city will charge to the event organizer. An event organizer cannot obtain a special event permit while such costs remain unpaid.
(f) Nothing in this section limits the city’s rights or ability to take code enforcement actions as outlined in Chapter 1.12. (Ord. 4842 § 27, 2023; Ord. 4116 § 2 (part), 2007)
19.24.340 Delegation of city manager’s authority.
The city manager may delegate any or all of their functions under this chapter to their deputies or subordinates. (Ord. 4842 § 29, 2023; Ord. 4116 § 2 (part), 2007. Formerly 19.24.240.)
19.24.350 City manager authorized to adopt rules and regulations.
The city manager or their designee is authorized to promulgate additional rules and regulations that are consistent with and that further the terms and requirements set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event. (Ord. 4842 § 30, 2023; Ord. 4116 § 2 (part), 2007. Formerly 19.24.250.)