§ 34-896. Special events.

(a)

Permit required. Any person, corporation, or other entity of any kind who desires to conduct any type of special event or temporary recreational event within the village, and which is not covered under the regular business tax receipt and registration required by article IV, or that is held in whole or in part upon village-owned property and/or public right-of-way, must obtain a special event permit from the village in order that the village may adequately provide for the potential impacts created by the proposed event. The fee for such permit shall be set by resolution of the village council. Outdoor sales, grand opening promotions, and other similar events, per section 34-884, are not subject to this section. Generally, private parties and functions are not subject to this section, however, if public right-of-way or any public services are needed, a permit will be needed under this section.

(b)

Written application. Written application must be submitted to the village at least 30 days prior to the date for which the special event is proposed. The application shall contain the following information:

(1)

Type of event.

(2)

Sponsor or persons responsible for event.

(3)

Proposed location with property owner's written consent.

(4)

Proposed date, commencement time and duration of event,

(5)

Approximate number of participants.

(6)

Proof of insurance. A certificate of insurance showing the village as an additional insured may be required, in an amount determined by the village based on the size of the event. Insurance shall not be cancelled or reissued without written notice to the village.

(7)

Traffic, fire-rescue, utilities impact, if any, and proposed mitigation plan.

(8)

Copy of all required state and county permits, as applicable.

(9)

A detailed site plan for an outdoor event, including but not limited to, property boundaries, road access, location of trash receptacles, sanitary facilities, tents or other structures, location of rides, if applicable, location of parking, location of temporary dwellings, offices and equipment, location of any live entertainment, outdoor music, or stages, and proposed setbacks of activities, fences, tents, booths, etc. from adjacent properties. A detailed life safety plan for an indoor event depicting a floor plan with interior improvements, proposed event layout, egress points, occupancy calculation, and related information.

(10)

A detailed statement of use, including, but not limited to, sponsor(s), vendors, band(s), and/or other musical operations, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided on site, security, utilities, and use of generators.

(11)

Temporary signs or banners may be permitted as part of a special event. Any proposed signage related to a special event shall be illustrated in a detailed sign plan, including the proposed location, size, type, copy area, graphics and color, including the dates of installation and removal of the sign(s). One sign or banner, not to exceed 32 square feet in surface area, is permitted for each side of the subject property that fronts a public right-of-way, not more than two weeks prior to any special event. No such sign shall be permitted within a safe-site visibility triangle, and shall be constructed so as not to create any hazardous or dangerous conditions to the public. Temporary signs shall be removed within 24 hours after the event.

(12)

If food service will be available at the event, the applicant shall provide a complete list of food service vendors, their respective Palm Beach County mobile occupational license permit, Florida State health certificates, and a list of the type of food service proposed.

(13)

If alcoholic beverages are proposed to be provided at the special event, a copy of the permit issued by the Florida Department of Beverages and Tobacco must be provided to the village prior to the event, along with proof of alcohol liability insurance. Alcoholic beverage sales must be in compliance with the Village Code.

(14)

Any special event that is proposing to include live entertainment or other outdoor amplified music or announcements shall adhere to the following:

a.

A sound management plan shall be submitted as part of the special event application for review.

b.

The special event must meet the requirements of section 34-1382, noise.

c.

The land development director, or designee, may require the applicant to hire an acoustical engineer, may require a certified acoustical engineering plan, a cash-refundable surety, or the applicant may be required by the village to hire personnel who are qualified to monitor the noise levels for compliance, as determined by the village.

(15)

A refundable security bond, or similar financial pledge acceptable to the village, may be required, at the discretion of the land development director, or designee, to ensure that any damage is repaired and the premises returned to its previous condition prior to the event, including the removal of any signs or banners, within two calendar days of the event.

(16)

A special event permit holder shall indemnify and save the village harmless from any and all such claims, suits, actions, damages, or causes of action arising as a result of the special event, or of the condition of the premises on which the special event is held, including any personal injury or loss of life, or damage to or loss of property, and from and against any order, judgements, or decrees which may be entered, and from and against any costs, attorneys' fees, expenses, and liabilities incurred in and about the defense or settlement of any claims and the investigation thereof. A hold harmless agreement may be required at the discretion of the land development director, or designee.

(c)

Minimum impact. All special events shall be coordinated with the village in order to lessen adverse impacts and to allow for continuous protection of health, safety, and welfare for all.

(d)

Number per year. No more than four special events every calendar year shall be held on a property by any applicant, unless otherwise approved by the village council. Village-sponsored and co-sponsored events are exempt from the limitation on the number of events per year.

(e)

Traffic control. Use of a village police special detail officer or acceptable alternative to direct and control traffic may be required.

(f)

Sanitation. Plans for sanitation, including temporary bathroom facilities, inspection of food facilities, drainage, garbage and litter control, and recycling shall be approved by the land development director.

(g)

Compliance. If a violation occurs at a special event permitted by the village, the land development director, or designee, may deny permits to the applicant for future special events for a period of no more than 18 months.

(h)

Conditions for granting a special event permit. All special event permit applications approved pursuant to this section shall be subject to the following conditions:

(1)

Any public areas utilized shall be cleaned within two calendar days following any special event and in all respects restored to its former condition.

(2)

All village ordinances, rules, or regulations applicable to the special event shall be observed unless specifically waived by the village for good cause and public interest.

(3)

The special event permit may be revoked by the village if any conditions listed in this section arise any time after the issuance of the permit and prior to or during the special event.

(i)

Special event contract and village service fees . The village may require, as a condition of a special permit, that the applicant enter into a contract with the village relative to the duties and responsibilities of the permit holder as a condition of the special event. By such contract, the village shall require that the applicant pay to the village the municipal costs in providing services in support of the special event. The village may require that the applicant pay to the village a rental fee for the use of public property. All fees shall be paid prior to the start of the event.

(1)

Police services. The village police department shall review the permit application and assess the need for police services. If police services are required, the applicant is responsible for coordinating with the police department on these services and is responsible for the cost of these services. The Police Chief, or designee, is the final authority on the need for police service, including the number of officers required and hours assigned.

(2)

Fire rescue services/emergency medical services. Palm Beach County Fire Rescue may review the permit application and assess the need for fire rescue services and/or emergency medical services. If such services are required, the applicant is responsible for coordinating with Palm Beach County Fire Rescue on these services and is responsible for the cost of these services. The battalion chief, or designee, is the final authority on the need for fire rescue and/or emergency medical services.

(3)

Public services. The public services department shall review the permit and assess the need for public services, including but not limited to road closures, temporary utility connections, maintenance of traffic operations plans, temporary pedestrian crosswalks, etc. If services of the department are required, the applicant is responsible for coordinating with the public services department on these services and is responsible for the cost of these services. The public services director, or designee, is the final authority on the need for these services.

(4)

Leisure services. The leisure services department shall review the permit for any special event proposed on public property to assess the need for a use/rental agreement, leisure services staff support, special accommodations, post-event clean-up and repair, and other considerations. If services of the department are required, including use/rental agreements, the applicant is responsible for coordinating with the leisure services department on these services and is responsible for the cost of these services. The leisure services director, or designee, is the final authority on the need for these services.

(j)

Appeal of permit application. The applicant may appeal, by written request, the denial of a special event permit to the village manager's office, within ten days of the land development director's decision. The written request shall specifically state what portion of the denial is being appealed. The village manager's office shall have 30 days to make a decision and to notify the applicant. The village shall reserve the right to charge a nonrefundable filing fee to offset all, or a portion of, the costs involved in handling the appeal.

(k)

Enforcement. Any violations of any provision of this section shall be enforced by the Village Code Enforcement Special Magistrate consistent with article V, Code Enforcement, of the Code of Ordinances.

(Ord. No. 2015-25, § 2, 6-11-2015)