§ 22-29. Open air event permit—Open air vendors.

(a)

Open air event permits: It being understood and recognized that festivals, celebrations, and other special events of a temporary nature may require the participation of numerous open-air vendors, including persons and entities who do not normally operate as open-air vendors, operating in close proximity with one another, an expedited procedure for such events has been devised to accommodate open air vendors operating at open air events. Any person or entity that plans to hold an open air event may obtain a temporary permit, effective for the duration and location of such event, which would allow open air vendors to operate at the event. Any open air vendor operating pursuant to an open air event permit shall be exempt from obtaining an open air vendor permit pursuant to chapter 22 of the City Code solely for the purposes of operating at or otherwise participating in a specified open air event.

(b)

Application: An event sponsor may apply for an open air event permit by application to the city manager and his/her designee. Such application shall include:

(1)

The event sponsor's contact information, including the address and telephone number at which the event sponsor may be reached.

(2)

The specific location(s) at which the open air event will be conducted and a map thereof that depicts the relative locations and identities of each open air vendor who will be participating at such event;

(3)

The name of the owner, and, if applicable, the lessee of the real property upon which the open air event will be conducted;

(4)

Proof of the real property owners' or lessees' consent to the open air event with respect to each parcel of property on which such event will be conducted;

(5)

The dates and times at which such open air event shall be conducted;

(6)

The name, address, and telephone number of each open air vendor that will be conducting business at such event and the dates and times at which each such vendor will be conducting business;

(7)

The goods, wares and merchandise that each open air vendor will be offering for sale or lease during the open air event; and

(8)

Any other appropriate information as requested by the city manager or his/her designee.

(c)

Review: The city manager or his/her designee shall evaluate a completed application for an open event permit based on the following factors:

(1)

Whether the event sponsor has the consent of all of the real property owner(s) or lessee(s) to conduct his/her open air event on the properties identified in the permit;

(2)

Whether the open air event's and open air vendors' conduct of business is likely to cause or otherwise fails to propose sufficient mitigation of traffic, safety, or parking hazards;

(3)

Whether the proposed dates and hours of the open air event and participating open air vendors are reasonable when evaluated in light of all other city ordinances and applicable zoning criteria; and

(4)

Whether the proposed open air event and its use of open air vendors is compatible with applicable law.

Should the city manager or his/her designee determine that all criteria have been met, the city manager, or such designee thereof, shall issue an open air event permit authorizing the operations of the open air vendors listed in the application at such event. If approved, such permit shall be valid only to the extent that participating open air vendors conduct their operations in a safe and lawful manner in accordance with the information and representations provided in the open air event permit application, as well as any additional conditions stated in the permit.

(d)

Open air event permit amendments: Upon becoming aware of any changes to information submitted as part of an open air event permit application, the event sponsor shall immediately apply to the city manager's office for an amendment to the open air event permit reflecting such changes. Applications for amendment need not include a resubmission of all information required by section 22-30(b), but shall include the applicant's current contact information, a copy of such applicant's current open air event permit, a detailed statement of the requested changes to the open air event permit, and a concise summary as to why such changes are being requested. Such changes shall be evaluated utilizing the criteria set forth in section 22-30(c), to the extent that such are applicable.

(Ord. No. 09-25, § 2, 9-21-09)