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Chapter 5.40
LICENSING PERMITTING AND REGULATIONS OF SPECIAL EVENTS
Sections:
5.40.010 Special Event Defined.
5.40.020 Application Eligibility
5.40.030 Prohibition.
5.40.0430 Application for PermitLicense and Fee.
5.40.0540 Forwarding of Application to Special Event Review Committee.
5.40.0650 Review of Application and Action of the Planning DirectorDirector of Planning and Community Development.
5.40.0760 Standards and Conditions.
5.40.0870 Appeal to City Administrator.
5.40.0980 Special Provisions Applicable to Almond Blossom Festival.
5.40.10090 Special Provisions Applicable to Community Amphitheater Events.
5.40.100 Intentionally Deleted.
5.40.110 Exemptions from Application.
5.40.120 Revocation.
5.40.130 Suspension of Operation.
5.40.140 Number of Participants.
5.40.150 Advertising Where Admission is to be By Ticket.
5.40.160 PermitLicense Not Transferable.
5.40.170 Effect of Zoning and Business License Provisions.
5.40.180 Penalty.
5.40.010 Special Event Defined.
“Special Event” means any temporary event, gathering or organized activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed. Special Events fall into one of three categories::
Category One – a temporary private or public event with lessthan 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors on one site impacting such things as public services, police/fire/emergency services, street closure, sanitation, and/or requiring the importation of such things as bleachers and portable toilets and requiring special circumstances, i.e., extra security, amplified sound, vendors, etc. Included in this definition are Halloween haunted houses, craft fairs, and the like, and block parties, business promotionals, and the like. Exempt from this definition are private family events such as weddings, special parties, family reunions, and the like which are held at the family residential property;
Category Two – a temporary private or public event with more than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors at one location requiring the importation of bleachers, open air tents, large equipment, portable toilets, and the like, and/or impacting public services, such as public streets and , police/fire emergency services. This definition includes events such as circuses, carnivals, business promotionals, block parties, craft fairs, car shows and the like; Redline Version
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Category Three – a temporary private or public event held out of doors at more than one location requiring special circumstances i.e., amplified sound, road closure, trash containers, etc. and/or impacting police/fire/emergency services. This definition includes the annual Almond Blossom Festival as defined in Section 5.40.080, a Community Amphitheater Event as defined in Section 5.40.100090, Main Street Day, and any parade, any music or dance festival, any cultural or civic festival, any running or cycling event, or similar activity.
5.40.020 Application Eligibility.
A. Only Ripon? non-profit organizations and/or local Ripon based businesses (meaning businesses which are located within the current City limits) are eligible for a Special Events permit.
B. Only developed properties within the City limits are eligible for a Special Events permit.
Developed properties shall mean properties that have paid their development fees and have been improved.
5.40.030 Prohibition.
It shall be unlawful for any person, group or organization to, conduct any activity related to a special event as defined in Section 5.40.010 of this Chapter without first procuring a special event permitlicense through the application process defined in Section 5.40.0430 of this Chapter.
5.40.0430 Application for PermitLicense and Fee.
Application for a permitlicense to conduct a special event shall be made at least 60 days before an event in writing to and on forms prepared by the Planning Director and/or his/her designee. The appropriate application shall be accompanied by a nonrefundable application fee as identified in the City of Ripon Planning Department Fee Schedule, and indexed annually by the Consumer Price Index, and shall include all of the information submittal requirements as specified on the appropriate special event application form.
5.40.050 Forwarding of Application to the Special Event Review Committee.
Upon receipt of a complete application and the application fee, the Planning Director and/or his/her designee shall promptly forward the application to the Special Event Review Committee consisting of the Chief of Police, Director of Public Works, Fire Chief and any other impacted department or agency who shall investigate the matter and report to the Director or his/her designee within fifteen (15) days with appropriate recommendations concerning the proposed event. Additionally, a meeting could be requested by the Committee to discuss guidelines with the applicant prior to a determination on the permit application..
5.40.0650 Review of Application and Action of the Planning DirectorDirector of Planning and Community Development
A. The Planning Director and/or his/her designee shall review recommendations of the Special Event Review Committee and within twenty (20) days of the receipt of the application, he shall either:
1. Authorize the issuance of the permitlicense in accordance with the application;
2. Deny the issuance of the permitlicense;
3. Set conditions which must be met and/or security that such conditions shall be met prior to the issuance of the permitlicense; or he shall promptly give written notice of thehis decision to the applicant by mailing such notice to the mailing address submitted on the application.
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If the application is denied, the notice shall specifyhe shall deny the license he shall specify in the notice the reasons for such denial.
A. The Planning Director shall not authorize the issuance of a license to any applicant if he or any person associated or connected with him as partner, director, officer, associate or manage has been convicted with the five (5) year period immediately preceding the date of the filing of the application in any court of competent jurisdiction, regardless of whether such person has been released from any resulting penalty or disability pursuant to Chapter 1 of Title 8 of the Penal Code, of:
1. Any crime requiring registration under Section 290 of the Penal Code, or
2. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9, Part 1 of the Penal Code, or
3. Any violation of Chapter 7.6 (beginning with Section 314) of Title 9, Part 1 of the Penal Code, or
4. Any violation of Paragraphs (a), (b), or (d) of Section 647 of the Penal Code, or
5. Any violation of Sections 315, 316, or 318 of the Penal Code, or
6. Any violation of any provision of Division 10 of the Health and Safety Code; or
7. Any offense involving the use of force and violence on the person of another, or
8. Any felony offense.
The legal effect of a plea of nolo contendere, for purposes of this Part, shall be the same as that of a plea of guilty.
B.A. If conditions are imposed by the Planning Director, the applicant shall furnish proof that all conditions have been met or that security has been given to assure that they will be met before the Planning Director may issue the permitlicense.
5.40.0760 Standards and Conditions.
No permitlicense shall be granted unless the Planning Director finds and determines that the applicant has proposed an appropriate plan, with conditions of approval, to provide adopted a program and plans which he has the reasonable capability of carrying out which provide the necessary protection for the health, safety and general welfare of persons and property in the City, including spectators and participants, the City of Ripon itself, and owners of property adjoining the special event site., which are applicable to and listed on the appropriate special event application form. The aApplicant shall certify with a signature on the application that these conditions and terms, as specified on the application, have been read and agreed upon.
5.40.0870 Appeal to City Administrator.
A. If the Planning Director denies the permitlicense, or if the applicant believes that any condition of approval imposed by the Planning Director is a prerequisite to the issuance of the license is unjust or unreasonable, the applicant may appeal the decision of the Planning Director by filing a written notice of appeal with the City Clerk and one copy of such notice with the Planning Director. Such notice shall be filed not later than ten (10) days from the date of submission of the notice of the decision of the Director. The notice of appeal shall specify the reasons or grounds for the appeal.
B. Upon receipt of a notice of appeal, the City Clerk shall file the notice with the City Administrator. The City Administrator shall set the appeal for a hearing, to be held within fifteen (15) days of receipt of the notice.
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C. The City Administrator shall consider the documentary and testimonial evidence of witnesses presented at the hearing, including all reports of investigation submitted to the Planning Director pursuant to Section 5.40.0540 hereof. The City Administrator may modify or reverse the decision of the Planning Director, or the portion thereof from which the appeal is made, only if heit finds that there is no substantial evidence to justify such decision or portion thereof, provided, however, that the City Administrator shall not waive any mandatory requirement of this PartCode.
D. The City Administrator shall render his/her decision on the appeal not later than five (5) days after the day on which the hearing is held. Upon rendition of the decision of the City Administrator, the City Clerk shall promptly notify the applicant of such decision in writing at the address submitted in the application. The decision of the City Administrator shall be final and conclusive.
5.40.0980 Special Provisions Applicable to Almond Blossom Festival.
The Ripon Chamber of Commerce is authorized as the exclusive operator of the annual Ripon Almond Blossom Festival. In coordinating and operating the annual Ripon Almond Blossom Festival, the Ripon Chamber of Commerce shall be subject to the provisions of this Chapter, except that the City Administrator may, in his discretion, waive or modify some or all of the requirements of Section 5.40.0760. In addition, the Ripon Chamber of Commerce shall be given authority to issue temporary vending permits to vendors of food and other goods during the Ripon Almond Blossom Festival. It shall be unlawful for any vendor of food or other goods (other than businesses licensed and existing within the City) to conduct any vending activities during the annual Almond Blossom Festival within the boundaries of the Mistlin Sports Park, the Community Center and Veteran’s Park, or within 100 feet of the Almond Blossom Festival Parade Route, or on any property specified in any permitlicense issued pursuant to this Chapter, without first obtaining a temporary vending permit from the Ripon Chamber of Commerce. The Chamber of Commerce shall have the responsibility, with the cooperation of the Ripon Police Department, as available, for enforcement of the temporary vending permit requirements of this subsection. The Chamber of Commerce may charge a reasonable processing fee in connection with the issuance of temporary vending permits pursuant to this Chapter. The City shall incur no liability in connection with the issuance of temporary vending permits by the Chamber of Commerce.
5.40.10090 Special Provisions Applicable to Community Amphitheater Events.
In coordinating and operating events at the community amphitheater located at the Mistlin Sports Park, applicants shall be subject to all of the provisions of this Chapter as well as the following requirements:
A. Event Scheduling. No event shall be scheduled at the Community Amphitheater simultaneous with, combined with, or in conjunction with, any other previously scheduled event within the boundaries of the Mistlin Sports Park if, in the discretion of the City Administrator/or his/her designee, The City Administrator and/or his/her designee will assist applicants in determining the availability of the Community Amphitheater for events that do not interfere with other scheduled events. No event at the Community Amphitheater planning to serve alcohol shall be approved without the consent of the City Administrator. Such determination will be based on impacts and/or concerns regarding other concurrent events and/or activities taking place within the boundaries of the Mistlin Sports Park.
B. Alcoholic Beverage Restrictions. The service of alcoholic beverages in the Community Amphitheater shall be limited to organizations that have completed the Ripon Non- Redline Version
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Profit Agency Eligibility Application and have met the applicable minimum requirements. For any special event involving alcoholic beverages in the Community Amphitheater, the following standards shall apply:
1. The approved Ripon Non-Profit organization must be duly licensed by the State Department of Alcoholic Beverage Control. The requirements and restrictions for the service of alcoholic beverages shall not be less than those required by the State Department of Alcoholic Beverage Control.
2. Use of alcoholic beverages shall be limited to organized performance-based events where the primary focus shall be the performance and not the consumption of alcoholic beverages.
3. Use of alcoholic beverages shall be limited to the confines of the Community Amphitheater and are strictly prohibited in any other area of Mistlin Sports Park, including, but not limited to, parking areas and adjacent streets.
4. Use of alcoholic beverages shall be limited to the hours of operation of the performance-based event. No use of alcoholic beverages shall be permitted before or after the event.
5. Permissible alcoholic beverages in the Community Amphitheater shall be limited to beer and wine.
6. For any use involving alcoholic beverages, no patrons under the age of twenty-one (21) shall be permitted at the event.
7. For any use involving alcoholic beverages in the Community Amphitheater, a security plan providing private security personnel for the event, the number of which shall be determined at the time the special event permit is granted, a plan identifying the means by which the applicant shall prevent patrons from carrying outside alcoholic beverages into the event and control excessive consumption of alcoholic beverages during the event, and any additional information as the Planning Director or his/her designee may reasonably require to evaluate the application, shall be submitted to the Planning Director for review and approval by the Police Department.
8. Upon consultation with the Police Department, the Planning Director has discretion to deny any application involving alcoholic beverages in the Community Amphitheater for good cause including but not limited to his/her finding that approval of the application would be detrimental to the health, safety and welfare of the city or any residents in the affected area.
5.40.100 Intentionally Omitted.
5.40.110 Exemptions from Application.
Any person or persons engaging in constitutionally protected speech, including, but not limited to, the distribution of printed materials, signs, campaign materials, and the like, shall be exempt from the application and permittinglicensing provisions of this ordinance.
5.40.120 Revocation.
The City Administrator shall have the right to revoke any licensepermit issued pursuant to this CodePart, not limited to but including the following causes:
A. The permitteelicensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a permitlicense.
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B. The permitteelicensee fails, neglects or refuses to fulfill any of the provisions of the approved program or plans.
C. The permitteelicensee knowingly allowspermits the special event to be conducted in a disorderly manner or knowingly allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug.
D. The permitteelicensee violates, or attempts to violate, any law of the State and the provisions of this CodePart or any ordinance of the City.
E. The licensee permittee has previously made a false, misleading, or fraudulent statement of material fact in the application for permitlicense or any other document required pursuant to this Chapter.
Written notice of such revocation shall be forwarded by the City Clerk to the Chief of Police and to the permitteelicensee at the address given in the application. Such revocation shall become effective immediately after ordered by the City Administrator.
5.40.130 Suspension of Operation.
The Chief of Police may suspend operation and close any special event prior to the expiration of the permitlicense granted under the provisions of this Chapter in the event of the occurrence of a riot, major disorder, or serious breach of the peace when, in his/her opinion, it becomes necessary to prevent injury to person or persons and/or damage of property.
5.40.140 Number of Participants.
If the Planning Director shall, as a condition of issuance of the permitlicense, impose a limit on the number of persons to be admitted to the special event and/or require that only holders of tickets shall be admitted to the premises on which the event to be held, it shall be unlawful for the permitteelicensee, or any agent or employees of the permitteelicensee:
A. To allow, permit, or suffer the entrance to the premises in which the special event is held, of any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duties;
B. To sell, give or distribute a greater number of tickets than the number authorized by the Planning Director;
C. To allow, permit, or suffer the admission of any person to a special event if such admission would result in a greater number of persons present than authorized by the Planning Director.
5.40.150 Advertising Where Admission is to be By Ticket.
If the Planning Director shall require that admission to the special event shall be by ticket only, then it shall be unlawful for any person who advertises such event to neglect, refuse, or fail to cause the advertising to state that admission shall be by ticket only, or to make any statement which might imply any conclusion to the contrary.
5.40.160 PermitLicense Not Transferable.
No permitlicense granted under the provisions of this Chapter shall be transferable to another permitteelicensee or removable to another location.
5.40.170 Effect of Zoning and Business License Provisions.
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The use of developed propertyland for a special event shall not be deemed to be in violation of any provisions of the Ripon Municipal Code restricting the use of land during such time as a permitlicense granted pursuant to this Chapter shall be in effect.
5.40.180 Penalty.
Any person violating any provision of this Chapter shall be guilty of an infraction, and may be prosecuted pursuant to the infraction provisions set forth in the Ripon Municipal Code Chapter
1.08. In the alternative, the Administrative Adjudication provisions of Ripon Municipal Code Chapter 1.12 may be utilized.