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HomeMy WebLinkAbout2021-04 2022 01-10 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of December, 2021, at 7:00 p.m. or as soon thereafter as the matter may be heard to consider an ordinance related to tenant protections. City Council meetings are being conducted by electronic means under Minnesota Statutes, section 13D.021 and information on how to connect to the meeting is provided on the City's website. Please notify the City Clerk at 763-569-3306 if there are any questions about how to connect to the meeting. ORDINANCE NO. 2021-04 AN ORDINANCE AMENDING CHAPTER 23 TO ALLOW AND REGULATE SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: ARTICLE I. Brooklyn Center City Code Chapter 23 is hereby amended by adding Sections 23- 2600 through Section 23-2616 as follows: SPECIAL EVENTS Section 23-2600. PURPOSE. The purpose of these Sections 23-2600 through 23- 2616(collectively,these "Sections")is to set forth procedures required to be followed by organizers of special events within the City. Special events can be disruptive to neighboring properties and place a strain on City resources, particularly if they are conducted on City parks or streets. These Sections impose reasonable regulations on special events to address the impacts such events can have on the City and its residents. Persons wishing to sponsor or hold a special event in the City are required to obtain a special event permit from the City and to comply with the requirements of these Sections and the City Code generally. Section 23-2601. DEFINITIONS. For the purposes of these Sections, the following terms shall have the meaning given them in this section. A. "Activity" means a parade, event, procession, carnival, community picnic, celebration, dance, promotional or fundraiser event, performance, entertainment or amusement event, party, dance, market, concert, large assembly, or other similar event. B. "Ancillary activities"means the use or presence of any of the following at a special event: mobile food unit; commercial tent or stand; inflatable device; search or spot light; live music or a band; or sales of food, beverages, or merchandise, C. "City"means the City of Brooklyn Center, Minnesota. 1 BR291-4-675635.v7 D. "City property" means anyproperty owned or controlled by the City_ including, but not limited to, City parks, City rights-of-way, or other real property in which the City has a property interest. E. "Inflatable device"means an amusement device that employs a high strength fabric or other material that achieves its strength, shape, and stability by tensioning from internal air pressure. The term includes, but is not limited to, bounce houses, slides, obstacle courses, movie screens, pools and other devices that need to be inflated for proper use. F. "Event organizer" means anyperson or entity who conducts, manages, promotes, presents, sponsors, organizes, aids, or solicits attendance at a special event. G. "Preapproved event"means a special event the City has agreed to provide some support services to without a charge. The preapproved events currently include the following, but the City Council may designate others by resolution: 1. Dudley Softball Tournament; 2. Brooklyn Center Community Celebration; 3. Music in the Park; 4. Movies in the Park; and 5. National Night Out. H. "Right-of-way" means all portions of a city street, including the traveled surface, parking areas, sidewalks, ditches, and all other portions in which the City has an interest. I "Special event"or"event"means a temporary, organized activity sponsored by an event organizer involving the gatheri g of people to attend,participate in, or observe an activity occurring entirely or partly outside on City property or private prope y, and which is reasonably anticipated to involve one or more of the following: 1. Support services from the City; 2. Obstruct, delay, or interfere with the free and normal use of a right- of-w.y; Attendance of 50 or more people; 2 BR291-4-675635.v7 Ancillary activities; or Sound amplification,public address system, loud speaker, or other audio devices likely to result in noise levels that will unreasonably disturb others in the immediate area or that constitutes a nuisance in violation of Chapter 19. This term does not include activities occurring entirely within an enclosed building. "Special event permit"or"permit"means the permit that must be obtained from the City to conduct a special event in the City. "Support services"means City services or equipment requested by the event organizer or that is otherwise reasonably needed to support the special event that exceeds the normal level of service provided by the City in conducting its regular service duties. Support services include,but are not limited to,additional services provided by the City police, fire, public works, or parks departments to perform activities such as closing streets, crowd control, security, or traffic control. Support services also includes City equipment used to support the event, such as barricades to close streets and related signage. Section 23-2602. SPECIAL EVENT PERMIT REQUIRED. A. An event organizer is required to obtain a special event permit from the City at least 45 days prior to holding a special event in the City. If a special event requires more than one permit from the City, the City Manager, or designee, is authorized, but not required, to: 1. Waive the requirement to obtain a special event permit if the other required permit or permits are obtained. The City Manager, or designee, may add conditions to the permits issued for the event to address the purpose of the special event permit. 2 Waive the requirement to obtain one or more other permits if a special event permit is obtained. The City Manager, or designee, may add conditions to the special event permit as needed to address the purpose of the other permits. The waiver of the requirement to obtain one or more permits is not valid unless the waiver is specifically noted in the permit issued for the event. 3 BR291-4-675635.v7 C Special events occurring on the same property shall not extend for more than three consecutive days unless the City Manager, or designee, determines the event organizer has demonstrated as part of the application process that special circumstances exist to justify allowing an event to extend beyond three days. The special event permit must indicate the allowed period of the event. An event exceeding the specifically allowed period shall constitute a violation of the City Code. Special events that are scheduled to occur on a regular basis, or continuously, throughout an entire season or other extended period of time may seek a single special event permit for the entire period, not exceeding 12 months. The event organizer must specifically identify the extended period being requested and the City Manager, or designee, shall determine the actual length of the special event permit. The City Manager is not obligated to grant a special event permit for the entire period requested by the event organizer. The special event permit must indicate the allowed period of the event. An event exceeding the specifically allowed period shall constitute a violation of the City Code. Section 23-2603. EXCEPTIONS. A special events permit is not required for any of the following, but all such activities shall be conducted in accordance with the City_ Code and all applicable laws. Expressive Activities. Rallies, marches, demonstrations and picketing which take place on public sidewalks, crossing streets only at pedestrian crosswalks in accordance with traffic regulations and laws applicable to use of public sidewalks. 13, Outdoor Demonstrations on Public Property. Demonstrations on publicly owned property(other than public rights-of-way), unless: 1s The activity is likely to obstruct, delay, or interfere with the free and normal use of such public property or the public rights-of-way; The activity is likely to result in the need for the City to provide support services in response to or arising out of the special event. C. Block Parties. A block party occurring with a permit issued pursuant to Sections 25-901 through 25-908 and conducted in compliance with those sections. D. City Activities. An event conducted by or at the request of the City. The City agreeing to cosponsor an event does not exempt the event from the requirements of these Sections, 4 BR291-4-675635.v7 Funeral Processions. Funeral processions by a licensed mortuary or funeral home. Et Wedding Processions. Wedding processions conducted on public rights- of-way in compliance with applicable traffic regulations, laws,and controls. Regularly Scheduled Athletic Events. Regularly scheduled outdoor athletic events conducted on property where such events are normally held. H Governmental Activities. Activities conducted by a governmental entity acting within the scope of its authority. Section 23-2604. APPLICATION. An application for a special event permit is available from the City Clerk's office and, if approved, the application shall become a part of the permit. Incomplete applications will be returned without processing. Section 23-2605. PERMIT FEE. The event organizer is required to pay the permit fee determined by the City to obtain a special event permit for the event. The permit fee includes the administrative costs, support services costs, and the other costs required to be prepaid by the event organizer under these Sections. The City Council shall establish all such rates and costs as part of the City's fee schedule. The City will determine the amount of the required permit fee within 10 business days of the submission of a complete application based on the information provided in the application. The City will provide the event organizer written notice of the permit fee amount,which shall be paid in full to the City within 10 days of the notice. Failure to timely submit the required permit fee shall be deemed an automatic denial of the requested special event permit. The City will provide the event organizer written notice of denial for failure to submit the required permit fee, Section 23-2606. INSURANCE. Except for marches, demonstrations, and other events protected by the First and Fourteenth Amendments of the U.S. Constitution, the event organizer must secure and maintain in full force and effect throughout the duration of the event the types and amounts of insurance coverages required in this section. Commercial General Liability Insurance, Commercial general liability insurance or equivalent special event coverage protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the event and the use of any City property. The policy shall be written on an occurrence basis and provide not less than $1,000,000 per occurrence,combined single limits, and $2,000,000 aggregate,unless waived by the City. The insurance policy shall be written on an occurrence basis and shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event. The City shall be named as an 5 BR291-4-675635.v7 additional insured on the policy if any portion of the event is conducted on City property. B. Automobile Insurance. If automobiles will be used during the event, automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non-owned, and hired automobiles. Alcohol Liability. If alcohol will be sold or served as part of the event, liquor liability(dram shop) insurance in the minimum amount of $1,000,000 per occurrence. D Certificate of Insurance. The event organizer must submit to the City a certificate of insurance showing the required coverages and the additional insured endorsement if applicable. The certificate of insurance shall require written notice be provided to the City for at least the same period of notice required to the insured of cancellation or nonrenewal. E. Modifications. The City reserves the right to modify these insurance requirements depending on the nature and scope of the event. Section 23-2607. SUPPORT SERVICES. The event organizer is responsible for entifvin�in the application materials anv sunnort services it is reauestin� from the Citv related to its event. The event organizer is strongly encouraged to contact the City prior to submitting an application to help determine the needed amount and availability of support services for a proposed event. The rates for support services are set out in the City's fee schedule. The City shall review the request and determine if it has sufficient resources to provide the requested support services or if the amount of support services actually needed for the event will likely exceed those requested. The City may deny a permit if it determines it does not have sufficient resources available to provide the needed support services for the event. The City will identify the support services it intends to provide and the costs of such services as part of the permit fee notice. The City does not guarantee it will be able to provide the identified support services for the event if those services are needed to respond to an emergency or other incident requiring an immediate response from the City. Section 23-2608. CITY SUPPORT SERVICES FOR PREAPPROVED EVENTS. The City will provide basic support services to preapproved events without charge. Any additional support services that may be needed, as determined by the City, will be charged as part of the permit fee. The City will notify the event organizer of a preapproved event in the permit fee notice if it determines more than basic support services will be needed for the event and the associated costs. Section 23-2609. CITY SUPPORT SERVICES FOR CO-SPONSORED EVENTS. The City may agree to co-sponsor certain events with other organizations if the City Council determines the proposed event is in the general interest of the public and 6 BR291-4-675635.v7 advances the City's public image. The City may provide financial support to these events as determined in the annual budget appropriation. These events must meet the other requirements of these Sections and the event organizer is required to pay as part of the permit fee any City costs in excess of the support level authorized by the budget appropriation, Approval of an event does not require the City to approve similar events or a repeat of the same event. Each event will be reviewed separately. Section 23-2610. CITY SUPPORT SERVICES FOR NON-PROFIT EVENTS, The City may provide support services to assist a special event conducted by a non-profit organization without charge up to the amount established in the City's fee schedule. The event must comply with the requirements of these Sections and the event organizer is required to pay as part of the permit fee any City costs in excess of this support level. An event organizer submitting an application for a non-profit event submit a current IRS 501(c)(3) statement with its application. Approval of an event does not require the City to approve similar events or a repeat of the same event. Each event will be reviewed separately. Section 23-2611. CITY SUPPORT SERVICES FOR FOR-PROFIT EVENTS. The City may allow a special event operated by a for-profit event organizer that are beneficial to the Ci y and the public. The event is subject to an additional use charge per day for the use of the public property as established in the City's fee schedule, must pay 100%of all City costs related to the event, and shall comply with all other requirements of these Sections. The costs will be set out in the permit fee notice. Approval of an event does not require the City to approve similar events or a repeat of the same event. Each event will be reviewed separately. Section 23-2612. FEES FOR SUPPORT SERVICES. A. Hourly Rates. The event organizer shall be responsible for paying the City for any support services for which it is responsible under these Sections based on an hourly rate associated with the type of support services provided. The hourly rates are established by the City Council in the City's fee schedule and are subject to change without notice, The hourly rates shall include expenses related to the City's employee, including any applicable benefits. B. Purchased or Rental Materials. The event organizer shall be responsible for paying the City for the actual costs of all materials purchased or rented by the City for use at the event. C. Equipment Charges. The event organizer shall be responsible for paying the City for all equipment used by the City for the event at the current equipment usage rates as established by the City. 7 BR291-4-675635.v7 D. Replacement Costs. The event organizer shall be responsible for paying the City for any of its equipment or supplies that end up missing or damaged as a result of the event. Section 23-2613. ISSUANCE. The City Manager, or designee, shall determine whether to issue a special event permit based on criteria identified in the following section. Approval of a permit is at the City's sole discretion. The City may impose conditions on the permit and the event organizer shall be responsible for ensuring compliance with all such conditions,the requirements of these Sections, and of all other applicable laws, rules,regulations,and ordinances. Issuance of a permit in no way indicates City sponsorship of the event and does not obligate the City to approve similar events in the future. Each application for an event will be reviewed and acted on separately. Section 23-2614. CRITERIA. The City Manager, or designee, shall consider the following criteria with respect to the proposed special event and any ancillary activities to determine whether to issue a special event permit. The City Manager, or designee,must determine with respect to the special event and any ancillary activities that they: A. Will not be detrimental to the public health, safety, or welfare,nor injurious to property or improvements in the immediate vicini y of the special event; B. Will not cause noise, light, or glare which unreasonably impacts surrounding uses; • Will not endanger the participants, spectators, or the public; D Will not unreasonably interfere with rights-of-way or vehicular or pedestrian traffic flow at the proposed location; I. Are supported by adequate plans for parking that meet the need generated by the proposed special event; • Are supported by adequate plans for sanitation and refuse facilities that meet the need generated by the proposed special event; U. Are supported by adequate plans to return the area or routes to the same condition or cleanliness as existed prior to the event; a Are supported by adequate proof of insurance; and I: Do not exceed the resources available for the City to provide the support services requested by the event organizer or that the Ci y determines are otherwise needed for the special event. 8 BR291-4-675635.v7 Section 23-2615. REGULATIONS AND PROCEDURES. A. Legal Compliance. The event must be conducted in compliance with all applicable federal, state, and local laws,rules, regulations, and ordinances. The event organizer is responsible for obtaining all other permits or permissions that may be required related to the event. B. Traffic Control Measures. The event organizer is required to pay all costs for traffic control measures and traffic control personnel. C. Traffic Barricades. The event organizer shall, through a bona fide contractor, provide, install, and remove all equipment required by the City's public works department. The installation and removal of barricades by the public works department is subject to the hourly rates established by the City. D Notice to Property Owners. The event organizer may be required to provide notice to surrounding owners about a special event as stipulated by the City Manager or designee. E. Indemnification. The event organizer shall indemnify, defend, and hold the City harmless against any claims, demands,actions,causes of action, charges, and expenses, including reasonable attorney fees, arising out of the event or by reason of conducting the event. This obligation shall not apply to claims arising solely from the City's own negligence. F. Damages. The event organizer shall be responsible for reimbursing the City for all damages that may result to any real or personal property of the City as a result of an event. G. Supervision. The event organizer is required maintain adult supervision of the event at all times. The event organizer shall provide security for the event as stipulated by the City's Chief of Police or designee. Any security provided by the City as part of its support services will be billed at the established hourly rate. H. Clean-up. The event organizer shall, at no cost to the City, immediately clean up, remove,and properly dispose of all litter or material of any kind, which is placed or left on City property because of the event. If the event ects or fails to proceed with clean un of City nronertv within a two-hour period immediately following the end of the event, or if the cleanup is done in an i adequate manner,the City may conduct the cleanup and charge event organizer at the established hourly rate. 9 BR291-4-675635.v7 I Trash Disposal. The event organizer will provide plans for trash disposal including the comp. y contracted for trash disposal as part of the special event permit application. Restrooms. The event organizer shall provide plans for providing restrooms including the company contracted for supplying restrooms as part of the special event permit application. K. Use of City Utilities. The event organizer shall not use City utilities for any event, unless permission has been granted by the City, Food Permits. If required, the event organizer shall obtain a Minnesota Department of Health food license and shall comply at all times with the applicable health codes and regulations. Proof of license shall be provided to the City Clerk at least seven days before the event and kept on site for immediate inspection. M. Mobile Food Units. If one or more mobile food units will be used at the event,the event organizer shall provide a mobile food unit license to the City prior to the event. N. Alcoholic Beverages on Public Property. The sale of alcohol at an event may only occur if approved as part of the permit and then only if all required liquor licenses are in place. The event organizer shall obtain a temporary liquor license for the sale of. y alcohol in accordance with Section 11-111, The event org• izer is required to follow the City's procedures and policies regarding the use of City property. All of the following apply to any special events involving the sale of alcohol: 1. Fencing surrounding the defined area for the service of alcoholic beverages will be secured to establish the outdoor event area. All liquor sales and containers used for consumption must remain in the defined space. 2. There should be controlled access to the event with event security personnel to identify and wrist band those of legal age to consume. The gate/emergency exit of the fenced area will need to be continuously staffed to prevent patrons from leaving with alcoholic beverages. 3. Events are "21 and over" after 9 p.m. when alcohol is being served. 4. All alcohol service will cease at 10 p.m. All patrons must exit the defined space by 10:30 p.m. 10 BR291-4-675635.v7 5. Event security will assist the police department in clearing the event at closing time. The closing time should be prominently displayed throughout so there is no confusion at the end of the evening when patrons are asked to leave. 6. Event organizers may be required to hire uniformed police officers to supplement their security staff. Monitoring of those consuming alcohol will be done by the event organizer and the City's police officers who have been hired to assist with the oversight of the event. O. Outdoor Music. No outdoor music or amplified sound is allowed during the hours of 10 p.m. and 7 a.m. The City's Police Chief or designee has the ability to direct the event organizer to control the level of noise and/or terminate the event at any time. Any plans for outdoor music or amplified sound must be described in the special event permit application. 1 P. Outdoor Tents. A building permit must be obtained for any tents exceeding 200 square feet. Erection of tents, canopies,or similar structures as part of the event is allowed; however,the event organizer cannot drive stakes,nails, screws, posts, or otherwise disturb paved City parking lots, or either paved or unpaved surfaces within a right-of-way to secure such features. Waivers. The event organizer may request a waiver from the strict application of one or more requirements of these Sections. The event organizer shall submit the waiver request in writing, identify the specific requirement to be modified,describe the requested modification,and the factors that the City Manager, or designee, should consider when determi ing the proposed waiver. The City Manager,or designee, is authorized to deny, approve,or approve with modifications the requested waiver. Waiver requests must be submitted with the special event permit application. Approval of a waiver does not require the City to approve similar waivers for any future events. Each waiver will be reviewed separately. R. Cancellation. The event organizer may cancel an event by giving at least 10 days written notice to the City. The City will refund the unused portion of permit fee to the event organizer. If less than 24 hours' notice is given to cancel an event that required support services, staff will be compensated for a 2-hour minimum charge. City staff has the authority to cancel or stop an event, or place additional restrictions on the event, in order to protect public health, safety, or welfare. The City will notify the event organizer as soon as is practically possible if it cancels the event or if it modifies the conditions imposed on the event. The City may also immediately terminate an event in an emergency if needed to protect public safety. Any 11 BR291-4-675635.v7 such cancellation or termination of an event by the City constitutes a revocation of the permit. It is a violation of these Sections to conduct, or continue to conduct,the event once it is cancelled or terminated by the City. Additional Requirements. City staff may place any additional requirements on any event. These requirements may include specific staff levels for police, fire, public works,or other personnel, Expenses for any additional support services will be invoiced to the event organizer as additional costs as provided in these Sections. Section 23-2616. ADDITIONAL COSTS. A. Addition Costs. The event organizer shall be responsible for reimbursing the City for any additional costs the City incurs related to a special event. Additional costs are any costs the City incurs that exceed the permit fee and include, but are not limited to the following: 1. Damage to or loss of any City_equipment or property related to the event; 2. Sus sort services exceeding the planned for level of support:and 3. Clean up costs if the event organizer fails to clean up and restore City .roperty to its pre-event condition. B. Invoicing. The City will provide an itemized invoice for the additional costs the event organizer is required to pay the City. The invoice will identify the specific types and amounts of additional costs. The event organizer shall pay the full amount of the additional costs within 15 days of the date of the invoice, Failure to timely pay the additional costs may result in the denial of any future special event permit applications for the same or similar event or submitted by the same event organizer. C. Collection. All amounts the event organizer is required to pay the City under these Sections shall constitute a service charge collectable by the City under Minnesota Statutes, section 366.012, which is available to the City under Minnesota Statutes, section 415.01, subdivision 1, on any property the event organizer owns in the state. Any portion of the service charge not paid, including collection costs,may be certified for collection on the property taxes of the event organizer. The City may also pursue any other options available to it under law to recover the amounts owed by the event organizer, including the costs of collection. ARTICLE II. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. 12 BR291-4-675635.v7 Adopted this 10th day of January, 2022. • , , . , Mayor PaliMait_0(/(ZZIA ATTEST: / City Clerk Date of Publication: January 20, 2022 Effective Date: February 19, 2022 (Strikeout indicates material to be deleted, double underline indicates new material.) 13 BR291-4-675635.v7