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HomeMy WebLinkAbout1309 - Special EventsORDINANCE NO, 1 3 0 g • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.10, TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO SPECIAL EVENTS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.10 is added to the Newport. Beach Municipal Code to read: Sections: 5.10.010 5.10.020 5.10.030 5.10.040 5.10.050 5.10.060 5.10.070 5.10.080 "Chapter 5.10 SPECIAL EVENTS Definitions. Permit Required. Application for Permit. Investigation and Issuance of Permit. Permit Fees. Revocation of Permit. Appeals from Action of the City Manager. Permits and Fees Not Exclusive. • 5.10.010 Definitions. SPECIAL EVENT. The term 'special event' as used in this Chapter shall mean any show, entertainment, circus, carnival, dance, exhibition, lecture, concert, sporting event, auction or other similar activity which is open to the public and which does not require a license or permit under any other Chapter of this Code, This Chapter shall not be applicable to student activities sponsored by the Newport -Mesa School District on School District property or to special events sponsored by homeowners' associations. OPERATE. The term 'operate' as used in this Chapter shall mean and include manage, conduct or carry on. . 5.10.020 Permit Required. No person shall operate, -1- 00 or assist in operating, any special event within the City of Newport Beach without first obtaining a special event permit as hereinafter required. 5.10.030 Application for Permit. Application for a special event permit shall be filed at least fourteen (14) days prior to the date of the proposed event, with the City Manager, on forms supplied by the City, together with an application processing charge in the amount of Twenty -five Dollars ($25.00) for all applications where a special event permit fee is also required, and in the amount of Ten Dollars ($10.00) for all applications where no special event permit fee is required. The City Manager may, in his discretion, waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted. 5.10.040 Investigation and Issuance of Permit. Upon receiving application for a special event permit, the City Manager shall cause an investigation to be made of the applicant, the other participants in the event, if any, the suitability of the place where the event is to be pre- sented, and the type of event proposed. The City Manager -2- 7/14/69 may in his discretion require thatthe applicant and his employees be fingerprinted. If the City Manager determines 0 that the event proposed is not unlawful, that the place where the event is to be presented is suitable for the type of event proposed, and that the applicant has made adequate arrangements for off - street parking and traffic control to accommodate the patrons that are anticipated to attend the event, he shall issue a non - transferable permit for such event. If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. If the application is denied, the applicant shall be so advised by certified mail, directed to the address shown on the application, or by personal service. Service shall be deemed complete upon deposit of the letter in the United States mail. 5.10.050 Permit Fees. In addition to the application processing charge required under Section 5.10.030, each permittee shall pay a special event permit fee in accordance with Schedule "B" below for each special event which is conducted for the purpose of making a profit, provided, however, that such fee shall not be applicable to special events which are sponsored by an association or group of businesses which are licensed by the City, for the purpose of advertising or promoting such businesses. No permit fee shall be charged for any special event sponsored or presented by a charitable, religious, educational or service organization for the purpose of raising funds to be devoted to the work of such organization, if the Finance Director determines that not less than 75% of the gross amount of Funds collected within the City will be devoted to such purposes. -3- SCHEDULE "B" • Event Permit Fee Circus or Carnival $100.00 daily plus $50.00 daily for each side show for which separate admission is charged Dance $25,00 per event Concerts, Shows, -4- Entertainment $25.00 per event Exhibitions $25.00 per event Sporting Events $25,00 per event Auctions $25.00 daily Movies and Lectures $25.00 per event Special Sales and Services $25.00 per event Miscellaneous Fund - Raising Activities $25.00 per event 5.10.060 Revocation of Permit. The City Manager may revoke any permit issued under the provisions of this Chapter on any of the following grounds: (a) The permittee has ceased to meet any of the requirements for issuance of a permit. (b) The special event has been operated in an illegal or disorderly manner, or in violation of any applicable Federal, State or municipal law or regulation. (c) The conduct of such special event unduly interferes with traffic or pedestrian movement, or interferes with the public peace or rights of nearby residents, or with the enjoyment of their property. 5.10.070 Appeals From Action of the City Manager. If an applicant or permittee is aggrieved by action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this -4- Chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. The City Clerk shall notify the applicant in writing of the time and place set for hearing his appeal. The City Council at its next regular meeting, held not less than five (5) days from the date on which such appeal shall have been filed with the City Clerk, shall hear the applicant and all relevant evidence, and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by 0 this Chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a letter in the United States mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. 5.10.080 Permits and Fees Not Exclusive. Ounes, fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the -5- 14th day of July , 1969, and was adopted on the 28th day of July , 1969, by the following vote, to wit: ATTEST: • -aty Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION DATE.__ ........... . ........._... -6177 CLERK OF THE CITY OF N ORT BEACH 0 AYES, COUNGILMN: Parsons, Marshall, Hirth, Gruber NOES, COUNCILMEN: None ABSENT COUNCILMEN :McInnis. Shelton, Rogers ikiSLQ15�� �1 Mayor THS :mh -6- 7/11/69