Chapter 9.70 SPECIAL EVENTS

(3) “Economic development manager” means the economic development manager of the city, or his or her designee, who shall be the special event coordinator for the city.

(4) “Established community parade” means a parade that has occurred annually for at least three years within the city and includes the following annual parades: Cinco de Mayo Parade, Memorial Day Parade, Sunfair Parade, Veterans Day Parade, Holiday Light Parade, Salvation Army Toy Run, and Harley Owners Group Toy Run.

(5) “Event organizer” means any person who conducts, manages, promotes, organizes, aids, or solicits attendance at a special event.

(6) “Event management company” means an entity with expertise in managing special events.

(7) “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 sports events, including marathons, fundraising events, or events the principal purpose of which is entertainment.

(8) “Gross revenues” means the sum of all revenues received by an event organizer for a special event including, but not limited to, cash receipts, licensing, sponsorships, television, advertising and similar revenues, and concessions.

(9) “March” means an organized walk or event whose principal purpose is expressive activity in service of a public cause.

(10) “Marijuana” means marijuana as defined by RCW 69.50.101 as now or hereafter amended.

(11) “Marijuana-infused products” means marijuana-infused products as defined by RCW 69.50.101 as now or hereafter amended.

(12) “Noncommercial special event” means any special event organized and conducted by a person or entity that qualifies as a tax-exempt nonprofit organization, or a special event whose principal purpose is expressive activity.

(13) “Parade” means any march or procession consisting of people, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with the normal and usual traffic regulations or controls.

(14) “Rally” means a gathering whose principal purpose is expressive activity, especially one intended to inspire enthusiasm for a cause.

(15) “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.

(16) “Sign” means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

(17) “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.

(18) “Special event” means any fair, show, parade, run/walk, festival, 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, 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.

(19) “Special event permit” means a permit issued under this chapter.

(20) “Special event venue” means that area for which a special event permit has been issued.

(21) “Street” means any place that is publicly maintained and open to use of the public for purposes of vehicular travel, including highways.

(22) “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.

(23) “Useable marijuana” means useable marijuana as defined by RCW 69.50.101 as now or hereafter amended.

(24) “Use vapor products” or “use of a vapor product” means the act of inhaling/exhaling the vapor or aerosol from a vapor product.

(25) “Vape” or “vaping” means the use of a vapor product.

(26) “Vapor product” means any: (1) device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (3) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. “Vapor product” includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices, as well as any parts that can be used to build such products or devices.

(27) “Vendor” means any person who sells or offers to sell any goods, food, or beverages within a special event venue. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2015-006 § 1; Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.020 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 economic development manager.

(b) The economic development manager is authorized to issue permits for special events occurring within the city limits, pursuant to the procedures established in this chapter. The economic development manager is authorized to determine the special event venue. The economic development manager may impose reasonable conditions on the use of the special events venue based on the provisions of this chapter. The economic development manager 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.

(c) The economic development manager has authority to issue one special event permit for any special event of continuing duration (such as a farmer’s market scheduled to occur each weekend at the same location for a period of months), or a special event consisting of programs with separate components requiring reoccurring closures of a street or streets over a period of time or season. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.030 Exceptions to special event permit requirement.

(a) 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.

(b) The following activities are exempt from having to obtain a special event permit:

(1) Parades, athletic events or other special events that occur exclusively in city parks and are sponsored or conducted in full by any city of Yakima department;

(2) Funeral procession by a licensed mortuary;

(3) Gatherings of one hundred or fewer people in a city park, unless merchandise or services are offered for sale or trade to the public, in which case a special event permit is required;

(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 or within a building owned by such governmental agency;

(8) Lawful picketing on sidewalks;

(9) Activities and events conducted, sponsored or promoted by the Yakima Convention Center and the Capitol Theatre occurring within and upon their respective facilities; and

(10) Block parties, which must be applied for through a separate, streamlined city process. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.040 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 to provide city services, equipment, or personnel in support of a special event. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.050 Priority of special event permit issuance.

Except for a special event sponsored by the city, priority shall be given for the issuance of a special event permit to local tax-exempt nonprofit organizations operating in and providing services to the citizens of the city. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.060 Time for filing application for special event permit.

(a) Except as otherwise provided in this chapter, a preapplication meeting shall be held no less than six months in advance of a new special event and no less than three months in advance of a repeat special event. Upon good cause shown and provided that there is no significant risk or burden to the city, the economic development manager may, in his or her discretion, allow a later preapplication meeting.

(b) With the exception of an expressive activity special event, a complete application for a special event permit shall be filed with the economic development manager not less than forty-five calendar days before the time when it is proposed to conduct the special event. If the conditions of YMC 9.70.100 are satisfied, then, upon good cause shown and provided that no risk or burden to the city ensues, the economic development manager has discretion to allow a later filing. In addition to any applicable fees under YMC 9.70.190, a late fee set forth in the city of Yakima master fee schedule adopted by city council via resolution will be assessed on any application submitted less than three weeks before the scheduled event.

(c) An application for an expressive activity special event permit shall be filed with the economic development manager no less than fourteen calendar days before the time when it is proposed to conduct the expressive activity special event. Upon good cause shown and provided that no risk or burden to the city ensues, the economic development manager may, in his or her discretion, allow a later filing. (Ord. 2022-040 § 61, 2022; Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.070 When application for special event permit is deemed complete.

An application for a special event permit is deemed complete when the applicant has provided all of the information required in YMC 9.70.090, including any additional information required by the economic development manager, and where city services are to be provided, the application has been approved by any involved city department, or the special event service team, and the city manager and the city council, if required. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.080 Date of special event not confirmed until notice of confirmation issued.

Notwithstanding the economic development manager’s acceptance of a completed application, the date of the event shall not be considered confirmed until the economic development manager issues a written notice of confirmation. All marketing efforts undertaken by an event organizer, and costs associated with such efforts prior to receipt of the written confirmation, are done so at his or her own risk. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.090 Content of special event permit application.

The application for a special event permit should include the following:

(1) The name, address, fax, cell, email address, and office telephone number of the applicant;

(2) A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the special event;

(3) The name, address, fax, cell, email address and telephone number of the event organizer, if any, and the chief officer of the event organizer, if any. The applicant shall provide such contact information for a person to serve as public liaison for the media and public. The applicant must designate a person as on-site liaison, who must be present and available via cell phone during setup, tear-down and during the event. This person must have the authority to make decisions on behalf of the event organizer and must be accessible to city staff, police and any other identified individuals or organizations;

(4) A list of emergency contacts that will be in effect during the event, and the event web address, if any;

(5) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a signed, written communication from such organization:

(A) Authorizing the applicant to apply for the special event permit on its behalf;

(B) Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the special event;

(6) All permit applications shall include:

(A) A statement of the purpose of the special event;

(B) A statement of fees to be charged for the special event, including admissions fees;

(D) Dates and times when the special event is to be conducted;

(E) The approximate times when assembly for, and disbanding of, the special event is to take place;

(F) The proposed locations of the assembly or production area;

(G) The specific proposed site or route, including a map, written narrative of the route, and a site safety plan. The site safety plan will include site layout, electrical and water installations serving the event, with a description of any safety hazards and precautions for the event. For example, electrical cords should be taped down and tripping hazards marked. Fire hazards should be identified, and where there is a hazard, safety provisions will be approved by the code administration manager or his designee. The city reserves the right to require an emergency access corridor to be maintained on a street, or anywhere else designated by the code administration manager, to allow access by emergency vehicles. No materials which cannot be quickly removed or displaced (e.g., barricades) can be situated in this corridor. Access to fire hydrants shall not be obstructed.

The site safety plan will also include a traffic safety plan. Traffic impacts must be identified. Special attention should be paid to ingress and egress of all residential property near the event or parade route. The economic development manager and police department may assist with developing a traffic safety plan which minimizes disruptions to business and residential traffic flows. Times and locations of event activities should be planned to avoid arterial access routes to neighborhoods and businesses. Applicants shall take appropriate measures to reduce parking impacts and overflow into surrounding neighborhoods. Vehicle movement on site may not be permitted during times when the event is open to the public.

The site safety plan will also include a security plan, including the number of persons proposed or required to provide security, monitor or facilitate the special event, and provide spectator or participant control and direction for special events using city streets, sidewalks, or facilities. Security provisions and plans for the special event are subject to review and approval by the police department. The police department may require the event organizer to retain an off-duty Yakima police department officer or officers to supplement and enhance the event organizer’s security personnel and security plan. The number of such police officers shall be determined by the police chief based upon the type of event, anticipated number of attendees, plans for service and/or consumption of alcohol, and other like criteria. The event organizer shall be solely responsible to retain such officers through arrangements with the appropriate designated office of the Yakima police department;

(H) The proposed site of any reviewing stands;

(I) The proposed site for any disbanding area;

(J) Proposed alternate routes, sites or times, where applicable;

(K) The approximate number of persons, animals or vehicles that will constitute the special event, and the number and types of vendors that will participate in the event;

(L) The kinds of animals anticipated to be part of the special event;

(M) A description of the types of vehicles to be used in the special event;

(N) The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise. Events with outdoor entertainment, music and speeches (particularly those with amplified sound) shall not unreasonably impact neighboring residents or businesses. Proposed outdoor events with expected noise impacts are required to provide a sound management plan for controlling the type and volume of sound produced by the event. The sound management plan shall be attached to the application. No event shall exceed a maximum decibel limit of ninety-five dB measured at the property line over a sustained period of ten minutes. During the site planning approval of the event, the effective property line for sound approval will be determined. Outdoor music and entertainment shall be limited to performing between the hours of ten a.m. and ten p.m. Exceptions to the time constraints may be made if recommended by the economic development manager and approved by the city manager. The event producer/applicant is required to provide the schedule of artists and entertainers to the city no later than forty-five days prior to the event or as soon as the artists are known to the event producer;

(O) The number, type and location of portable sanitation facilities, including a description of the number and location of waste receptacles, including receptacles for disposal of food waste, wastewater and grease;

(P) Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety, including but not limited to accommodations for access and use by disabled persons;

(Q) Provisions for first aid or emergency medical services, or both, based on special event risk factors;

(R) Insurance and surety bond information;

(S) Any special or unusual requirements that may be imposed or created by virtue of the proposed special event activity;

(T) The marketing plan with proposed timelines associated with marketing the activity to the general public, together with proposed plan for signage advertising the event. If a permit for street banner is requested, a complete application for such banner pursuant to Chapter 15.08 YMC;

(U) Event timeline documenting activities from event setup to event tear-down;

(V) Arrangements for parking of personal vehicles of vendors, event promoters, event volunteers and event employees. Such parking shall not occur on any public parking lot or designated public parking space, and arrangements must be made by the event organizer with providers of private parking facilities for the parking of such vehicles during the event and any cleanup. In order to preserve available excess public parking for persons attending the event, the city may require applicant to obtain a sufficient number of parking spaces from providers of private parking facilities in the vicinity of the event venue. The number of required private parking spaces shall be determined by the city using the following factors: (i) the number of persons anticipated to attend and participate in the event, including event volunteers, employees, contractors and vendors; (ii) the number of available private parking spaces available from private parking providers in the vicinity of the event venue; (iii) whether the applicant has made arrangements for shuttling attendees and participants to and from the event from a parking area outside the near vicinity of the event venue;

(W) The location of vendors and vending areas, and the location of tents, canopies, stages and associated viewing areas, together with necessary or appropriate accommodations for access and use by disabled persons;

(X) If alcohol is to be provided, sold or served, the event organizer shall obtain, maintain and comply with the applicable liquor license or permit issued by the Washington State Liquor Control Board, and shall provide a copy of such license or permit to the city. The application shall include a description of all points of sale or service of alcoholic beverages within the site venue, together with any designated and controlled areas of consumption (such as cordoned “beer garden”). For special events that include the provision, sale or service of alcoholic beverages, the event organizer must additionally comply with the alcohol event insurance requirements of YMC 9.70.160;

(Y) The city may provide use of city street barricades, traffic cones, lane divider poles and traffic safety vests and other similar equipment, subject to availability and appropriate security deposit;

(Z) Notification Plan. All residents and businesses within three hundred feet of the event venue shall be notified in writing of the event date, planned hours of operation and event content no less than fourteen days prior to the event. In the case of a parade, all businesses must be notified along the parade route and within three hundred feet of the staging or break-down area. The notification zone may be limited or extended based on potential impacts to be determined by the economic development manager. The city may require approval of the content of the written notification and proof of its delivery to impacted residents and businesses. Notifications must include the date of the event or parade, the hours the event or parade will affect business activity in the area and an event contact for questions. The acceptable ways to notify businesses are: (a) a letter mailed to each location, or (b) a notice hand-delivered to each affected location. Events, parades and other special events, such as jogging events, requiring removal of access to public parking along the event location or the route, require notification by the event organizer five days in advance of the event;

(AA) Any other information or permit required for the event or by the economic development manager to enable him or her to timely or adequately process the application. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.092 No parking along route of established community parade.

No vehicle shall be parked on city streets and rights-of-way designated and approved as the parade route for an established community parade during the time the parade is scheduled to occur and for a period of two hours preceding the start of the parade. Vehicles parked upon the streets and rights-of-way designated as the parade route during such times are subject to tow by the city at the expense of the owner. The applicant will comply with the notification requirements of YMC 9.70.090(6)(Z) to notify affected businesses and property owners, and post appropriate notices on vehicles parked along the parade route. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2015-006 § 2, 2015).

9.70.100 Conditions affecting the issuance of an expedited special event permit.

(a) Where the event organizer has not requested and the special event does not require city services, equipment, or personnel, the economic development manager may issue an expedited 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 during peak commuter 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;

(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) If the provisions in subsection (a) of this section are met, and the requested special event is to occur entirely within any area designated by the city as an approved special event venue, the economic development manager may issue a special event permit pursuant to this section when the attendance at such event is reasonably anticipated to be less than two thousand persons, and the event organizer has secured adequate private parking facilities for the private vehicles of event employees, vendors, entertainers, and other event personnel.

(c) In order to ensure that the conditions in this section are met, the economic development manager may place conditions on the special event permit. The provisions of YMC 9.70.190, cost recovery and security deposit, will apply. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.110 Reasons for denial of a special event permit.

(a) The economic development manager may deny a special event permit to an applicant who has not:

(1) Provided for the services of a sufficient number of trained and certified traffic controllers;

(2) Provided sufficient monitors for crowd control and safety two weeks prior to the event date;

(3) Provided sufficient safety, health, or sanitation equipment services, or facilities that are reasonably necessary to ensure that the special event will be conducted with due regard for safety;

(4) Provided sufficient off-site parking or shuttle service, or both, when required, to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the special event; or

(5) Met all of the requirements for submitting an application for a special event permit.

(b) The economic development manager may deny a special event permit if in the economic development manager’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;

(5) The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both;

(6) The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur;

(7) The applicant has failed to provide an adequate first aid or emergency medical services plan based on special event risk factors; or

(8) The applicant has failed to pay all fees due from previous special events.

(c) The economic development manager may deny a special event permit to an applicant who has unpaid fees associated with a previous special event permit, or 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. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.120 Denial of a special event permit application—Appeals from denial.

(a) If the economic development manager denies the application for the special event permit, pursuant to this section, he or she shall notify the applicant in writing as soon as is reasonably practicable.

(b) The denial of a special event permit may be appealed to the city manager or his or her designee.

(c) An appeal shall be made in writing within seven calendar days of the date of the written denial. An appeal is made by filing a written petition with the economic development manager, setting forth the grounds for appeal and any documentation in support of the appeal.

(d) The city manager shall consider and decide the appeal as soon as is reasonably practicable and issue a written decision. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.130 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 economic development manager applicable to the particular special event and shall be exhibited upon demand of any city official. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.140 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 location of the special event venue, which may be identified by a map attached to the special event permit;

(2) The date, assembly area, time for assembly, and starting and completion time of the special event and any admission cost;

(3) The specific route plan of the special event;

(4) The minimum and maximum speeds of the special event;

(5) The number and types of persons, animals, and vehicles or structures at the event; the number of bands, other musical units, and equipment capable of producing sound, if any; and limitations thereon pertaining to noise abatement, and inspection and approval of floats, structures, and decorated vehicles for fire safety;

(6) The maximum interval of space to be maintained between booths or other structures to be used for the special event;

(7) The portion of the street and sidewalk that is to be occupied by the special event;

(8) The location of reviewing or audience stands, if any;

(9) The number and location of traffic controllers, monitors, other support personnel and equipment, and barricades to be furnished by the economic development manager;

(10) The area and time for disbanding;

(11) 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;

(12) The provisions for any required emergency medical services, accommodations for access by disabled persons, site safety and site security; and

(13) 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 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.

(b) As a condition of the issuance of a special event permit, the applicant shall be required to do a walk-through of the event site with the economic development manager 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. The city may take photographs of the site showing the preevent condition of the site, and shall maintain such photographs in the event file. For special events occurring within and upon city-designated special event sites, the city shall maintain a file of photographs, updated as the city deems appropriate, to show preevent condition of the site. The applicant is responsible to inspect the proposed event site, and shall represent in the application that the photographs represent an accurate depiction of the preevent condition of the site.

(c) As a condition of the issuance of a special event permit, the applicant shall be required to provide a security deposit as determined appropriate by the economic development manager pursuant to YMC 9.70.190.

(d) As a condition of the issuance of a special event permit, the city may require execution of a special event agreement setting forth the terms and conditions of the special event and special event permit. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.150 Economic development manager’s action on special event permit application.

(a) Except as otherwise provided in this section, the economic development manager shall take final action upon a completed application for a special event permit as soon as practicable.

(b) The economic development manager is not required to take final action upon any special event permit application prior to one hundred eighty calendar days before the special event.

(c) The economic development manager is not required to take final action on an incomplete or untimely special event permit application.

(d) 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; or

(2) Issuance of a special event permit in accordance with the terms of the application, as conditioned by the economic development manager or as modified by mutual agreement between the economic development manager and the applicant; or

(3) Denial of the special event permit application by the economic development manager. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.160 Insurance required to conduct special event.

A. In addition to any other requirement(s) imposed by this chapter, for any parade or special event involving participation of persons in games or races involving physical effort; or involving the use of live animals, wild or domestic; or involving the use of vehicles (except wheelchairs); or provision or sale of beverages or food for human consumption; or use of alcoholic beverages, the applicant shall have the following minimum insurance requirements:

1. Commercial General Liability (Occurrence Form). One million dollars per occurrence/two million dollars aggregate combined single limit liability for bodily injury and property damage. If other than the standard CG 00 01 form is used, such as a special events policy, the policy shall be furnished to the city attorney for review and may be rejected based upon the specified policy exclusions. If animals are included in the event, no animal exclusion will be allowed or approved. The policy shall not contain a separate assault and battery exclusion. The policy shall not exclude coverage for participants in the event.

2. If sponsor owned or rented vehicles are involved in the event: automobile liability at one million dollars per occurrence combined single limit bodily injury and property damage. This includes coverage for any owned, hired or non-owned vehicles. If the sponsor of the event does not own the vehicles that will be used in the event, then only hired and non-owned auto liability may be required, which can be included on the commercial general liability policy.

3. If liquor is served at the event: liquor liability coverage shall be required at a one-million-dollar liability limit. If there is no charge for the liquor being served and the policy provides host liquor liability coverage, then this requirement may be waived with the economic development manager’s approval.

4. The applicant shall provide a certificate of insurance as proof of the insurance required above that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the permit. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best’s Guide and admitted in the state of Washington, or an A-VII rated approved surplus lines carrier. If the city is damaged by the failure of the applicant to maintain the above insurance or to notify the city, then the applicant shall bear all costs attributable thereto. An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the permit issued to the applicant until a new insurance policy or reinstatement notice has been filed and approved as provided in this section.

B. No later than thirty days prior to the event, unless the economic development manager for good cause modifies the filing requirements, the applicant shall file with the economic development manager evidence of liability insurance coverage, for review by the city attorney. A complete copy of the policy will be furnished to the city attorney if requested.

C. The applicant shall provide a signed statement that the applicant/responsible party shall pay the costs of services which the city of Yakima is required to perform by reason of management of street use of the parade or special event, including but not limited to cleanup. Upon completion of the parade or special event, the economic development manager shall compile a statement of account which shall be mailed to the applicant/responsible party, payable within thirty days.

D. Waiver, Reduction or Increase of Required Limits. If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the economic development manager, on the advice of the city attorney or city’s risk manager, 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.

E. As a further condition of the issuance of any permit, the applicant shall defend, indemnify, and hold harmless the city, its elected officials, officers, agents, employees and volunteers from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to attorney’s fees and court cost, arising out of, relating to or resulting from the parade or special event and/or the application for the parade or special event.

F. The indemnification requirements set forth in this section shall not be construed to apply to events permitted under this chapter involving expressive activity which enjoys protection under the United States or Washington Constitutions except that sponsors of such events shall be required to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the director of community and economic development as reasonably foreseeable consequences of the event.

G. 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. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-043 § 1 (Exh. A), 2013: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.170 Waiver of insurance requirements.

(a) Except for special events where the sale of alcoholic beverages is authorized, the insurance requirements of YMC 9.70.160 may be waived. 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 YMC 9.70.220;

(2) Whether it is objectively impossible to obtain insurance coverage;

(3) Whether the special event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks, or pyrotechnics; or

(4) Whether a fee or donation is charged or required as a condition of admission or participation in the special event.

(b) 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.

(c) 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. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.180 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:

(1) That the special event cannot be conducted without violating the standards or conditions for special event permit issuance, or such standards and conditions have already been violated;

(2) An emergency or supervening occurrence requires the cancellation or termination of the event in order to protect the public health or safety;

(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 applicant has not paid all fees when due;

(7) The applicant has failed to provide confirmation or proof that it has obtained the minimum number of required volunteers to perform safety functions; or

(8) The applicant, in the information supplied, has made a misstatement of a material fact.

(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 or supervening occurrence requiring immediate revocation of a special event permit, the special event coordinator may notify the permit holder verbally of 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 YMC 9.70.120. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.190 Cost recovery for special events—Fees—Security deposit.

A. Special Event Permit Application Fee. A nonrefundable application fee set forth in the city of Yakima master fee schedule adopted by city council via resolution must be submitted with any special event permit application. Any event application submitted less than three weeks before the scheduled event is subject to an additional late fee set forth in the city of Yakima master fee schedule adopted by city council via resolution.

B. City Services Permit Fee. Upon approval of an application for a permit for a special event not protected under the First and Fourteenth Amendments of the U.S. Constitution, the economic development manager should provide the applicant with a statement of the estimated cost of city services, equipment and materials used or provided by city in providing traffic control and management for parades and vehicle events, and permit fees. Exempt from the special event cost recovery fee are the community events listed as follows: Memorial Day Parade; Cinco De Mayo Parade; 4th of July Celebration; Sunfair Parade; Veterans Day Parade; Salvation Army Toy Run; Harley Owners Group Toy Run; and Christmas Light Parade.

The special event permit fee shall be calculated and assessed as follows:

(1) The economic development manager shall send copies of special event applications to affected city departments. By way of illustration, and without limitation, personnel services provided by affected city departments include, but are not limited to, services such as police escorts and traffic control. Costs of such services are called “event management personnel costs.” Each departmental personnel activity required for the special event shall be itemized, showing hourly rate and total cost. The “total event management personnel costs to the city” shall be the sum of each department’s personnel costs. Nonprofit applicants shall pay fifty percent of the costs of the personnel services provided by the city. For-profit applicants will pay one hundred percent of the total event management personnel costs.

(2) The economic development manager shall require payment of fees, or a reasonable estimate thereof, at the time the completed application is approved. The special event permit will not be issued until the special event permit fee is paid in full.

C. Security Deposit. Except for an application for a permit for a special event protected under the First and Fourteenth Amendments of the U.S. Constitution, and events solely sponsored by the city, each application for a special event permit shall be accompanied by a security deposit. For special events requiring the closure of public streets, the amount of the security deposit shall be set forth in the city of Yakima master fee schedule adopted by city council via resolution, based on the factors listed below. For special events limited to any city designated special event venue or other venue, or a special event permit issued under the expedited process of YMC 9.70.100, the amount of the security deposit shall be in an amount determined by the economic development manager based on the factors listed below. The economic development manager shall consider the following factors when determining the amount of any security deposit for a special event. The security deposit shall be in an amount the economic development manager determines is necessary and appropriate to defray costs of cleanup, repair and/or restoration based upon: (i) the number of persons expected to attend or participate in the event; (ii) the type or nature of the event; (iii) the number and type of vendors participating in the event; (iv) whether alcohol will be provided, served or consumed on the event venue; and (v) any other factor deemed relevant to determine the amount of deposit based upon reasonably foreseeable costs of cleanup, repair and/or restoration.

(1) Payment of Funds to Be Used for Security Deposit. Payment of funds to be used for security deposit shall be by cash or certified check.

(2) Deposit of Funds. Funds received from the applicant for security deposit shall be receipted by the city and deposited in an appropriate fund.

(3) Refund of Security Deposit. Subject to compliance with the following conditions, funds held by the city as a security deposit shall be refunded to the applicant in accordance with applicable payment procedures of the city:

(a) Applicant has complied with all requirements of the permit;

(b) Applicant has cleaned, repaired and restored the site following the conclusion of permitted event to the condition existing prior to the event, reasonable wear and tear excepted, to the satisfaction of the economic development manager.

(4) Use of Funds in Security Deposit by City. In the event applicant fails to comply with the approved cleanup plan included within the permit and/or damage to city property or facilities has occurred on the event site attributed to participants in the event, the economic development manager shall use reasonable efforts to notify the applicant that the city will proceed to clean, repair and restore the subject site and facilities, and thereupon authorize city personnel to conduct such cleanup and restoration. The cost of such city cleaning, repair and restoration shall be computed using the hourly rate of each city employee (with overtime rate, as applicable) multiplied by the hours worked by each employee, and the hourly rate for city equipment used for the cleanup, repair and restoration multiplied by the number of hours such equipment was used. Costs incurred by the city also include the costs of any third-party contractor retained to conduct or assist with such cleanup, repair or restoration. City will document its costs incurred in cleanup, repair and restoration and deduct from the security deposit the total amount incurred by the city for such cleanup, repair and restoration. In the event applicant fails to comply with any of the requirements of the permit, any costs incurred by the city resulting from such noncompliance shall be documented and deducted from the security deposit by the city. The city shall thereupon request a refund of the remaining balance of the security deposit to be processed and paid to the applicant, and shall provide the applicant with a copy of the document showing city costs incurred.

(5) Recovery of Excess Costs—Responsibility of Applicant. The applicant shall be responsible for all cleanup, repair and restoration required in this code, the approved permit and cleanup plan, and any other costs incurred by the city resulting from the applicant’s failure to comply with any of the requirements of the permit. In the event city costs associated with cleanup, repair and/or restoration of the site or applicant’s failure to comply with any of the requirements of the permit exceed the amount of the security deposit, applicant shall pay the excess amount to the city within fourteen days, and the city reserves the right to seek recovery of such amounts from any and all responsible parties, including but not limited to the applicant. (Ord. 2022-040 § 62, 2022; Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-043 § 1 (Exh. B), 2013: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.200 Effect of receipt of donations on status of tax-exempt nonprofit organizations.

A tax-exempt nonprofit organization hosting a special event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes, or other consideration from for-profit organizations without causing the special event to be considered a commercial special event within the meaning of this chapter. Such acknowledgment may include use of the name, trademark, service mark, or logo of such a for-profit organization in the name or title of the special event or the prominent appearance of the same in advertising or on collateral material associated with the special event. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.220 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) Where the special event will not require temporary street closures, cost recovery, pursuant to YMC 9.70.190, shall be limited solely to a fee based on the cost of processing the permit application.

(2) The insurance requirement of YMC 9.70.160 shall be waived; provided, that the event organizer has filed with the application a verified statement that he or she intends 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.

(3) Where the special event will require temporary street closures and any one or more of the conditions of subsection (4) of this section are met requiring the city to provide services in the interests of public health, safety, and welfare, the economic development manager 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, or a sliding scale for payment of, fees for city services, including police costs, on the basis of ability to pay.

(4) The city may deny a special event permit for a demonstration, rally or march if:

(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 commuter 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; or

(G) The special event will have significant adverse impact upon residential or business access and traffic circulation in the same general venue.

(5) 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.

(6) YMC 9.70.100, 9.70.110 and 9.70.260 shall not apply to expressive activity special events. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.240 Delegation of city manager’s authority.

The city manager may delegate any or all of his or her functions under this chapter to his or her deputies or subordinates. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.250 City manager authorized to adopt rules and regulations.

The city manager 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. The city manager is further authorized to promulgate rules and regulations governing special events sponsored by the city. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.260 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 goods, food, and beverages within the special event venue in accordance with the terms and conditions of the special event permit.

(b) Vendors authorized to sell goods, food, or beverages in the special event venue shall display their authorization in the manner required by the economic development manager. Only vendors displaying the required authorization shall be allowed to sell goods, food, or beverages in the special event venue. Each vendor shall be solely responsible for reporting and payment of applicable fees and taxes payable to applicable local, state and federal agencies.

(c) Vendors authorized to sell food or beverages shall obtain and display applicable food handler’s cards or permits and any other required health permit as required by the Yakima health district in the manner required by the economic development manager. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.270 Unlawful to conduct or promote attendance at special event without permit.

It is unlawful to conduct a special event without a special event permit as required pursuant to this chapter. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.280 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 Yakima Municipal Code or any other applicable law. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.290 Unlawful to sell goods in special event venue without authorization.

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. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.295 Smoking, vaping, and marijuana prohibited.

A. It is unlawful for any person to use vapor products, or to to smoke or light cigars, cigarettes, tobacco, or other smoking material at any event covered by this chapter or on any city property where more than fifty people are gathering unless the event is restricted to attendees twenty-one and over and contains a sectioned-off smoking specific area within the event.

B. For the purposes of this section, “smoke” or “smoking” means the carrying, holding, or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

C. It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product at any event covered by this chapter.

D. A violation of this section is a civil infraction punishable by a fine of one hundred dollars, not including any statutory assessments. This penalty is in addition to any other remedies or penalties as provided by law. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2015-011 § 1, 2015: Ord. 2013-041 § 2 (part), 2013).

9.70.300 Cost recovery for unlawful special event.

Whenever a special event is conducted without a special event permit when one is required or is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city shall charge the event organizer for, all city costs incurred as a result of the adverse impacts of the special event or the violation of the special event permit. The balance for such costs shall be paid to the city within fourteen days of the date an invoice was issued by the city. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).

9.70.310 Penalties 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. 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. An event applicant cannot make changes to the permit. All requests for changes must be submitted for review by the economic development manager.

(b) Unless otherwise specified, any person or organization violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty of a fine of not more than five hundred dollars or by imprisonment of not more than ninety days, or both such fine and imprisonment. (Ord. 2018-009 § 1 (part), 2018: Ord. 2015-043 § 1 (Exh. A) (part), 2015: Ord. 2013-041 § 2 (part), 2013: Ord. 2012-61 § 2 (Exh. A) (part), 2012).