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ORDINANCE NO. 2734
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 5 . 68. 020 , 5 . 68. 040 THROUGH
5 .68. 090, AND 5 .68. 150 THROUGH 5 . 68. 200 , ALL
RELATING TO SPECIFIC EVENTS
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Municipal Code is hereby
amended by amending sections 5 . 68. 020 , 5 . 68. 040 through 5 . 68. 090 ,
and sections 5 . 68. 150 through 5 . 68. 200 to read as follows :
5. 68 .020 Permit req-uired. No person shall organize , produce ,
direct , conduct , manage, institute or carry on any specific event
without a permit first had and obtained from the community ser-
vices department . No person shall promote, advertise , encourage
or solicit attendance or otherwise participate in any way in a
specific event for which no permit has been issued, or for which
such permit has been suspended or revoked .
5. 68. 040 Permit application. An application for a permit
shall be fil-e-d with the community services department not less
than sixty (60) or more than 180 days before the date proposed for
holding a specific event . Such application shall be signed by the
applicant , or his authorized agent and shall be accompanied by a
nonrefundable fee plus a deposit to cover administrative costs , of
which latter sum, any unused portion shall be refunded to the ap-
plicant . The amount of said fee and deposit shall be established
by resolution of the city council . Where administrative costs
exceed the amount of deposit , additional funds may be required
before any permit can be issued. All applicable fees shall be
paid at least thirty (30) days prior to such event.
5. 68. 050 Aeplication--Contents of. Application for a permit
to hold a speci is event shall be made on forms provided by the
city, and shall contain the following:
(a) The name and address of the applicant , and if the same be
a corporation, the names of its principal officers , or if the same
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be a partnership, association, organization or fictitious company,
the names of the partners or persons comprising the association,
organization or company with the address and telephone number of
each ;
(b) If a charitable or religious association, the application
shall be signed by two officers of the association, and shall in-
clude the following :
(1) A list of the names of all persons authorized to
solicit contributions on behalf of such association,
(2) Total amount of funds to be raised ,
(3) If a promoter or noncharitable association
or entertainment group or person is to be used to raise
funds for the charitable association, the true and ficti -
tious names , home and business addresses of the promoter,
noncharitable association, entertainment group or person.
(c) A detailed description of the specific event proposed to
be held , the number of persons participating in the event , the
purpose of the event , the date, hours and location where the event
is proposed to be held , and the admission fee , if any, to be
charged;
(d) A detailed description of the equipment to be used , if
any, including the number and types of vehicle , the number of pub-
lic address systems , whether mounted, portable, or stationary, the
number and type of special units such as musical groups , animal
zoos or shows and the like ;
(e) An agreement that the city shall be compensated for any
damage to public property, and that the site shall be cleaned and
restored to the condition in which it was found prior to the
holding of the specific event ;
(f) Such other information as the specific events committee
may require ; and
(g) Said application shall be signed by the applicant under
penalty of perjury.
5 . 68. 060 Specific events committee established. There is
hereby established a specific events committee of five members ,
appointed by the city administrator.
5. 68 . 070 Permit application--Procedure. All applications for
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permits to hold specific events shall be filed with the community
services department to be forwarded to the specific events com-
mittee for investigation of the persons involved with, and the
activity proposed to be conducted, and other facts, circumstances
and information relating to such application. The committee shall
respond within forty (40) days after the filing of an application,
and issue or deny a permit.
5.68.080 Permit--Granting or refusal . The granting or re-
fusal of any permit by the specific events committee shall be
final unless a written appeal is filed as provided elsewhere in
this chapter . Failure to file an appeal within such ten (10) day
period shall constitute a waiver of the right to such appeal.
5. 68.090 Permit--Surety and insurance. Prior to the issuance
of a permit, the specific events committee shall require:
(a) In lieu of an agreement to compensate the city for loss
or damage to public property, the deposit of a surety or cash bond
in an amount sufficient to guarantee the cleaning up of the site
and the removal of any debris left as a result of the holding of a
specific event. If it is determined that such specific event will
warrant the presence of city personnel, the specific events com-
mittee shall also require the deposit of a surety or cash bond in
an amount sufficient to pay the personnel costs.
(b) That the applicant provide public liability insurance and
property damage insurance, including products liability coverage,
written by an insurance company acceptable to the city in the min-
imum limits as set by resolution of the city council.
5. 68.150- Permit--Late applications. The specific events com-
mittee, in its discretion, may consider any application filed with
the community services department less than sixty (60) days prior
to the time requested for holding a specific event.
5. 68. 160 Permit issued--Departments notified. Upon issuance
of a specific event permit, the community services shall cause
copies of such permit to be sent to each departmental director of
the city.
5.68 .170 Permit suspension or revocation. A permit for a
specific event issued hereunder may be summarily suspended or re-
voked by the specific events committee or the community services
director at any time:
(a) When there is reasonable cause to believe that any of the
grounds exist for which the original application for permit would
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have been denied; or
(b) When there is reason to believe that the health , safety
and welfare of persons or property would be endangered because of
real or threatened disaster , public calamity, riot or other
emergency.
5 . 68. 180 Appeal--Filing. An appeal from suspension, revoca-
tion or denial of a permit by the specific events committee or
community services director may be made to the city administrator
within ten (10) days after service of notice of such action on the
applicant or permittee. Such appeal shall be in writing, setting
forth fully the grounds upon which the appeal is based , and shall
be filed with the city clerk who shall forward copies to the city
administrator and members of the specific events committee . The
specific events committee shall submit to the city administrator
the record of the case appealed. The city administrator shall
rule on the appeal within ten (10) days after receipt of such rec-
ord. If the city administrator upholds the decision of the spe-
cific events committee, or the community services director , a
written appeal from such decision may be filed with the city clerk
for hearing before the city council .
5 . 68. 190 Appeal--Council action. (a) Within thirty (30)
days after filing a written appeal Trom the suspension , revoca-
tion, or denial of a permit with the city clerk, the city council
shall consider the appeal at a regular meeting. Written notice of
the time and place the council will consider the appeal shall be
mailed by the city clerk to the person who filed the appeal at
least ten (10) days before the date set for hearing unless the
applicant/permittee shall waive notice in writing.
(b) In any appeal , the city council shall consider the appli-
cation , the record of the case submitted by the specific events
committee and other pertinent information presented, and may grant
or deny the permit subject to the conditions , terms and regula-
tions set forth in this chapter. The decision of the council
shall be final.
(c) The city clerk shall , within three (3) days after deci-
sion of the city council , notify the applicant/permittee in
writing of the decision of the council .
5 . 68 . 200 Permit--Decision review. (a) The city council may,
on its own motion, made wit in twenty (20) days after the decision
of the specific events committee or the city administrator, review
the issuance , denial , suspension or revocation of any permit , or
review any condition, term or regulation attached thereto.
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(b) If , after review, the city council determines that the
matter should be considered on appeal before such body, it shall
order the city clerk to notify the applicant/permittee, specific
events committee , and any other affected parties of the time and
place of such consideration, as hereinabove provided. After such
consideration, the city council may grant or deny the permit
subject to the conditions , terms and regulations set forth in this
chapter .
SECTION 2 . This ordinance shall take effect thirty days after
its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of November 1984.
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ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney fix
REVIEWED AND APPROVED: INITIATED AND APPROVED:
'0-]
ity A ministrat Comm nity Services Director
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Ord. No. 2734
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 15th day of October
19 84 , and was again read to said City Council at a regular
meeting thereof held on the 5th day of November 19 84 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllister, Kelly, Finley, Bailey
NOES: Councilmen:
None
ABSENT Councilmen:
Pattinson
ABSTAIN: Councilman Mandic62::�
NOT VOTING: Councilman Thomas City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
i, Alicia M. Wentworth CITY CLERK of the City of
Huntlo0on peach and ex-oNiclo Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Huntington
Beach Independent on pp
.............................[,. .- •.. ?:1r.01....._
in accordancj �%ith the City Chw lef a. .a,,! f.4y.
ALICIA M. WENTWORTH
City CJ&k
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