Article V. Special Events, Chapter 14. Licenses And Business Regulations, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 14. Licenses And Business Regulations

Article V. Special Events

§ 14-111. Application of provisions.

Latest version.

The provisions of this article, except as to licensing and fees, shall apply to all circuses, carnivals, menageries, festivals, parades, filming for commercial purposes and any other special event which takes place on city-owned public property whether specifically licensed in another section or not and whether admission fees are charged or not. The provisions of this article shall also apply to such special events which take place on private property or public property not owned by the city when state, county or city permits, inspections or license are required.

The provisions of this article shall not apply to dances, receptions or similar social events which are held on private property.

(Ord. No. 93-02, § 1, 5-4-93)

§ 14-112. Rules and regulations.

Latest version.

(a) Permit required.

(1) Upon application as provided for herein, the city manager may issue a special event permit subject to any conditions imposed in this article.

(2) The application for a special event permit shall be filed at least forty-five (45) days prior to the date on which the permit is to take effect. The city manager may approve a lesser time period. The application forms shall provide such information as the city manager shall find to be reasonably necessary for fair administration.

(3) Application for a special event permit shall be made to the city manager and shall contain the following information:

a. A diagram accurately portraying the property to be used for the special event indicating layout of event, temporary structures, parking areas, traffic flow, electrical connections, etc., as applicable. If the property to be used is private property, a survey or legal description of the property and a notarized statement of consent by the property owner are also required.

b. A description of the special event.

c. In addition to the above, sufficient information and assurances to determine the suitability of the proposed special event as required by the city. This information may include but is not limited to the following:

1. Arrangement for temporary sanitary facilities and such assurances as the city may require concerning compliance with public health regulations.

2. Such information and assurances as the city may require concerning length of operation.

3. Such information and assurances as the city may require concerning hours of operation.

4. Provision for adequate parking.

5. An agreement assuming financial responsibility for the repair of any damage to public property and for claims resulting from injury or damage to persons or private property as a result of the event.

6. A permit issued by the state department of transportation if the special event requires the closing of a state road.

7. Arrangement for public safety and such assurances as the city may require concerning compliance with public health regulations when live animals are included in special events.

(b) Conditions. A permit for a special event shall be issued upon such conditions as the city manager may reasonably require to assure compliance with all information and assurances submitted with the application and shall, in addition, be expressly conditioned upon the following:

(1) No electrical service will be installed without an electrical permit and inspection.

(2) No permanent structure will be erected.

(3) No tent will be erected without obtaining a permit from the fire department.

(4) Site will be cleared of all debris at the end of the special event and cleared of all temporary structures within five (5) days after close of the event. Effective October 1, 1993, when city employees are required to assist in clearing of debris and structures, the city manager may require sponsors of the event to reimburse the city for employee costs. A monetary deposit in an amount determined by the city manager may be required to ensure reimbursement of such costs.

(5) Traffic control and pedestrian safety arrangements in the vicinity of the special event are to be arranged by the sponsors of the event with the police department and public works departments. Effective October 1, 1993, when city employees are required to assist in traffic control and pedestrian safety during the event, the city manager may require sponsors of the event to reimburse the city for employee costs. A monetary deposit in an amount determined by the city manager may be required to ensure reimbursement of such costs.

(6) Permit will be issued for a specific period of time, not to exceed seven (7) days. An extension, not to exceed three (3) days, may be granted at the discretion of the city manager.

(7) Issuance of a permit to hold a special event on public property will transfer control of vendors, participants and activities associated with the special event to the sponsors of the event.

(1) No circus, carnival or other similar public amusement shall be located within the city limits except when sponsored by a nonprofit civic organization or merchants' association unless such location shall have been approved by the city commission prior to the issuance of such permit as provided in this article.

(2) No circus, carnival or other similar public amusement, whether profit or nonprofit, shall operate within the city unless inspected and licensed by the state division of agriculture and consumer services and operated in conformance with rules and regulations promulgated by that agency.

(Ord. No. 93-02, § 1, 5-4-93)

§ 14-113. Liability insurance.

Latest version.

Prior to issuance of a permit or license for any special event as set forth above, the city manager may require the applicant to file with the city clerk a certified insurance policy issued by a company authorized to do business in the state, against the liability of such applicant for a license hereunder for injuries to any one (1) person in the sum of not less than one hundred thousand dollars ($100,000.00). Such policy shall be in the generally accepted form for liability insurance used in the state and shall include an endorsement that the same cannot be canceled for any cause without notice of such cancellation being served upon the city clerk at least fifteen (15) days prior to such cancellation. Failure by any licensee hereunder to maintain such policy at all times shall be grounds for revocation of the permit and license.

(Ord. No. 93-02, § 1, 5-4-93)

§ 14-114. local business tax receipt required.

Latest version.

Upon receiving a special event permit, the applicant shall obtain the local business tax receipt required under section 19-130, except when the event is sponsored and operated by a local nonprofit civic, professional, educational or religious organization. If the special event is sponsored by a local nonprofit civic, professional, educational or religious organization but operated by a commercial organization, the local business tax may be waived with the prior approval of the city commission.

(Ord. No. 93-02, § 1, 5-4-93; Ord. No. 2006-47, § 3, 12-5-06)

§ 14-115. Administration.

Latest version.

(a) Public notice. At the discretion of the city manager, public notice to property owners within two hundred (200) feet of the proposed location may be required. The decision to require public notice shall be made within five (5) days of receipt of the completed application. The application shall provide a certificate of mailing within five (5) days after notification of this requirement. Payment of notification costs will be the responsibility of the applicant.

(b) Approval of permit. Upon finding that the application does sufficiently comply with those general standards set forth above, as conditioned as provided for herein, the city manager shall issue a special event permit, setting forth the duration of the period and specifying such conditions as to hours, location, parking, traffic access, and safety requirements and any other conditions as will protect the health, safety and welfare of the public and which will protect the adjoining properties from any adverse effects of the activity.

(c) Denial of permit. Denial of the permit request shall be in writing and provided to the applicant within fifteen (15) working days of receipt of a completed application. Reasons for the denial shall be included.

(d) Appeal. Any special event permit denial or approval may be appealed by the applicant or any persons entitled to take an appeal to the city commission. Upon filing of such an appeal, the permit shall be withheld until the city commission hears the appeal and renders a decision. The city commission shall have final authority to approve, conditionally approve, or deny the permit application.

(e) Revocation of permit.

(1) The city manager, upon finding that the terms of any permit are being violated, may revoke the permit and order the immediate cessation of event. The holder of the permit may appeal that revocation to the city commission and revocation shall be stayed pending the appeal.

(2) Upon finding imminent and hazardous threats to public health and safety caused by any use covered by permit, the city manager may take reasonable steps to prevent public access thereto and to eliminate such hazard and may revoke or suspend a permit. An appeal of such action may be taken as provided above, but without a stay of the revocation or suspension. A permit may be reinstated provided that the applicant has met all conditions required by the city manager and city commission.

(Ord. No. 93-02, § 1, 5-4-93)