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HomeMy WebLinkAboutOrdinance #3274 ORDINANCE NO. 3274 A ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.68 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO SPECIFIC EVENTS. WHEREAS, the City Council of the City of Huntington Beach desires to amend certain sections of Chapter 5.68 of the Huntington Beach Ordinance Code to provide for public and/or administrative review of specific event applications that include alcohol, street closures, amplified music, or 2,500 or more spectators/applicants; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 5.68.010 is hereby amended to read as follows: 5.68.010 Specific event defined. "Specific event" means the temporary use of public property for the purpose of conducting certain outdoor, short-term events such as art shows, fund-raising events, sidewalk safes, amusement attractions, walkathons, marathon runs, block parties and sporting events, or any combination thereof but not limited thereto. This chapter has no application to specific events which are conducted on private property, public waterways, public beaches or parks. SECTION 2. Section 5.68.040 is hereby amended to read as follows: 5.68.040 Permit application. An application for a permit shall be filed with the Community Services Department not less than ninety (90) or more than one year 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 applicant. 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. SECTION 3 Section 5.68.050 is hereby amended to read as follows 5.68.050 Application--Contents of. Application for a permit to hold a specific 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 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; 1 6lk(eventsl116195 3274 (b) If a charitable or religious association, the application shall be signed by two officers of the association, and shall include 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 sought 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 fictitious 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, if alcohol is to be served or sold, or closure of public streets is required 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 public address or amplified sound systems, whether mounted, portable, or stationary, the number and type of special units such as musical groups, animal zoos or shows and the like; SECTION 4. Section 5.68.060 is hereby amended to read as follows 5.68.060 Specific events committee established. There is hereby established a specific events committee composed of representatives of pertinent city departments, appointed by the City Administrator. Representatives of the Downtown Residents Association, Downtown Business Association, North Huntington Beach Business Association, Chamber of Commerce, Conference & Visitors Bureau and Huntington Beach Tomorrow shall also serve on the committee. SECTION 5. Section 5.68.070 is hereby amended to read as follows 5.68.070 Permit applications--Procedure. All applications for permits to hold specific events shall be filed with the Community Services Department to be forwarded to the specific events committee for investigation of the persons involved with, and the activity proposed to be conducted, and other facts, circumstances and information relating to such application. If there is no alcohol, live amplified sound/music, street closures, or 2,500 or more spectators/participants, the committee shall respond within forty (40) days after the filing of an application, and recommend to the Director of Community Services to issue or deny a permit. If alcohol is to be served, live amplified sound/music used, public streets closed, or - 2,500 or more spectators/participants expected at the event, the application will be advertised twice in the newspaper and posted at city hall seven (7) days prior to the specific events committee hearing the application. 2 6/Wevents/219195 3274 SECTION 6. Section 5.68.080 is hereby amended to read as follows 5.68.080Permit--Granting or refusal. The granting or refusal of any permit by the Community Services Director 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. SECTION 7. Section 5.68.090 is hereby amended to read as follows 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 cash, check or money order 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 committee shall also require payment in full prior to issuance of a permit. (b) That the applicant provide public liability insurance and property damage insurance, including products liability coverage, workers compensation insurance, and a separate additional insured endorsement written by an insurance company acceptable to the city in the minimum limits as set by resolution of the City Council SECTION 8. Section 5.68.100 is hereby amended to read as follows 5_68.100 Permit--Granting conditions. Asa condition to granting such permit, the specific events committee and Community Services Director may impose reasonable terms and regulations concerning the time and place of such specific event; the area and manner of conducting such specific event; the maximum number of persons participating therein; the type of live amplified music, the regulation of traffic, if required, including the number and type of vehicle; the number and type of signs, banners, and barricades to be provided by applicant, if any, together with a plan of their disposition attached to the application, whether alcohol shall be allowed; and such other requirements as they may find reasonable and necessary for the protection of persons and property. SECTION 9. Section 5.68.110 is hereby amended to read as follows 5.68.110 Permit--Denial. The Community Services Director, upon recommendation of the specific events committee shall not issue any permit if it finds any of the following: (a) The application is not on the form provided or does not contain the required - information; (b) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit; 3 6lklevents1116195 3274 (c) The building, structure, equipment, or location of such specific event does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all of the ordinances of the city of Huntington Beach or the state of California applicable thereto; (d) The activity or location of the activity is such as to interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalk; (e) Proof of insurance required by this chapter as a prerequisite to the holding of a specific event has not been filed with the city; (f) The conduct of the specific event will be contrary to law; (g) The conduct of the specific event will unreasonably interfere with the preservation of the public peace, health, safety or welfare; (h) Applicant has had a similar specific event permit denied for good cause within one (1) year prior to the application, and can show no material change in circumstances since such denial; (i) Applicant refuses to agree to, abide by or comply with all conditions and regulations attendant upon such specific event permit; and Q) Such specific event will interfere or conflict with another specific event for which a permit has already been issued, or will interfere or conflict with another specific event for which no permit is required by this code SECTION 10. Section 5.68.120 is hereby amended to read as follows 5.68.120 Reconsideration of application. The specific events committee may reconsider all or part of an application for a permit, or of any permit theretofore granted, either upon motion of applicant or a member of such committee or commission after five (5) days written notice thereof to applicant. Such motion for reconsideration shall not be a condition precedent to judicial review. SECTION 11. Section 5.68.150 is hereby amended to read as follows 5.68.150 Permit—Late applications. The specific events committee, at 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. SECTION 12. Section 5.68.170 is hereby amended to read as follows 5.68.170 Permit suspension or revocation. A permit for a specific event issued hereunder, shall be summarily suspended or revoked by the Community Services Director at any time: 4 6/Wevents/116195 3274 (a) When there is reasonable cause to believe that any of the grounds exist for which the original application for permit would 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. SECTION 13. Section 5.68.180 is hereby amended to read as follows 5.68.180 Appeal--Filing. An appeal from suspension, revocation or denial or 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 record. If the City Administrator upholds the decision of the specific 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 SECTION 14. Section 5.68.190 is hereby amended to read as follows 5.68.190 Appeal--Council action. (a) Within thirty (30) days after filing a written appeal from the suspension, revocation, 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 application, 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 regulations set forth in this chapter. The decision of the council shall be final. (c) The City Clerk shall, within three (3) days after decision of the City Council, notify the applicant/permittee in writing of the decision of the council. SECTION 15. Section 5.68.200 is hereby amended to read as follows 5.68.200 Permit--Decision review. - (a) The City Council may, on its own motion, made within 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. 5 6/k/evenWI16195 3274 (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. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the 21ST day of FE R ARY �90R ATT ST: Mayor APPROVED AS TO FORM: City Clerk R D APPROVED r_ , ,d ity AttorneyLAE, INITIATED APPROVED: ity Administrator Directordt Co unity Services 6 6wevents/116/95 Ord. No. 3274 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofllcio Clerk of the City Council of 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 an reular meeting thereof held on the 17th day of January, , 1995, and was again read to said City Council at a regular meeting thereof held on the 21st of Febuary, 1995, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council, AYES: Councilmembers: Harman, Bauer, ,Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None 1,,Qri�inie Brockway Cf i Y CLERK of the City of City Clerk and ex-offFcio Clerk HantiNton Beach and ex-officio Cleric of the City _ Co-uncil,do hereby certify that a synopsis of this of the City Council of the City ordinance has been pli 'ished in the Daily Pilot on of Huntington Beach, California 2 .19 ._ In accordance d441itrh�the City Chane/r�rof said City. .5 n-•-- - City Cleric D puty City C:rrk