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Home My WebLink About94-2998170 Special Event Permits ORDINANCE NO. 94-2998 AN ORDINANCE OF THE CITY OF PLAINVIEW AMENDING SECTION 34 OF THE PLAINVIEW ZONING ORDINANCE TO PROVIDE FOR RULES AND REGULATIONS GOVERNING THE ISSUANCE OF SPECIAL EVENT PERMITS; SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; EFFECTIVE DATE. WHEREAS, the City does not currently have an ordinance which adequately regulates special events (i.e. circuses, carnivals, etc.); and WHEREAS, the City Council of the City of Plainview recognizes that a need exists to regulate special events which might decide to locate"?~en~porarily within the municipal limits; and WHEREAS, the City Council finds that it is in the best interest of the public health and welfare to regulate special events; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas that: SECTION I. The Zoning Chart shall be amended as follows: TYPE OF USE OFFICE, RETAIL, COMMERCIAL AND SERVICE TYPE USES note A R - R - Fl - 2F S F - M F- M F- M H - M H - U O C-1 C-2 CB 1L 1 2 A 1 2 I 2 C-3 M-1 M~2 Amusement, temp. comm. (outdoor) 5.2c Y Y Y The following sections shall be amended to read as follows: 9:5.2b AMUSEMENT, COMMERCIAL (Outdoor): An outdoor area or structure, open to the public, which provides, on a permanent-type basis, entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, and go- kart tracks. This does not include temporary amusements which pass through town including but not limited to circuses, carnivals, etc. 9:5.2c AMUSEMENT, TEMPORARY COMMERCIAL (Outdoor): An outdoor area or structure, open to the public, which provides, on a temporary basis, entertainment or amusement for 1 of 5 1'71 a fee or admission charge, including but not limited to amusements which pass through town (i.e. circuses, carnivals, etc.). These amusements shall have a duration of 5 days or less, including set-up and tear-down. A special event permit shall be required, said permit being approved by the City Manager or his/her designee. 40:4. This section shall be deleted. The title of chapter 33 shall be amended to read as follows: SECTION 33 SPECIFIC USE PERMITS AND SPECIAL EVENT PERMITS Division I. Specific Use Permits. SECTION II. The following sections shall be added to Section 33. 33:3 - 33:5. Reserved. Division II. Special Event Permits. 33:.6. PERMIT REQUIRED. No person shall operate public amusement as defined in 9:5.2c within the corporate limits of the City of Plainview without first obtaining a special event permit, said permit being approved and issued by the City Manager or his/her designee. 33:7. PREMISES; INSPECTION BY BUILDING, FIRE AND ZONING OFFICIALS. All places of public amusement, as defined in 9:5.2c, shall be inspected by the city building, fire, health, sanitation, and zoning officials prior to the issuance of a special event permit and the approval of such inspectors as to the compliance with applicable building, fire, health and sanitation and zoning regulations shall be a condition of the issuance of any said permit. 33:8. APPLICATION REQUIRED. Any person desiring a special event permit for any temporary, outdoor, commercial amusement shall make written application therefor at any time prior to the event, but in no event less than fourteen (14) days prior to the starting date of the event, to the city manager or his/her designee, which application shall inelude: (1) The names, addresses and telephone numbers of all persons applying for such permit; 2 of 5 172 (2) The exact location where such event is to be held or exhibited; (3) The dates and the hours during which such activity is to be kept open to the public; (4) The name of the sponsor of the event. (5) A description of the types of buildings and/or tents to be erected. A flame proof certificate for all tents and awnings shall be required; (6) Information concerning electrical wiring, equipment and mechanical rides; (7) Information concerning food concessions. Permits for food service shall be obtained from the Health Department; (8) The types of animals, if any, to be exhibited; (9) A description of the toilet facilities to be provided; (10) A description of the security to be provided; (11) The parking area for the event shall be adequate to provide one parking space for every one hundred (100) square feet of ground area encompassed by the event; (12) Certificates of insurance in an amount not less than five hundred thousand dollars ($500,000.00) for bodily injuries, including accidental death per occurrence and one hundred thousand dollars ($100,000.00) for property damage; (13) A letter of contract or permission to use property on which event will be located if signature is not available for application. (14) A clean-up deposit of $200.00, as required by the Code Enforcement and Sanitation Departments. (Temporary use fess for a 4-yard dumpster is $42.00 which includes 1 dump. Additional dumps are $22.00 each.) (15) A $20.00 inspection fee shall be required by the Building Inspection Department in the event any electrical work is required. Any work must be performed by an electrician currently licensed by the City of Plainview. Inspections must be made and work must have final approval prior to commencement of the event. (16) A water tap deposit in the amount of $500.00. The balance not used will be returned by mail to the applicant; (17) Any other information as stipulated by the reviewing departments; and 3 of 5 173 (18) An application fee in the amount of fifty dollars ($50.00). 33:9. REVIEW OF APPLICATION. Before the permit will be issued, the city health officer, zoning administrator, fire marshal, police chief, building official, city engineer, and sanitation superintendent or their authorized representatives shall review and approve the application. 33:10. APPROVAL/DENIAL OF APPLICATION. The city manager or authorized representative may deny the event a permit to operate upon a finding of any of the following: (1) The application contains false or misleading information or required information is omitted; or (2) The location selected for the event is inadequate for the purposes for which it is to be used; or (3) The description of the event does not assure that minimum standards of sanitation, health, zoning, safety, buildings or fh'e safety will be provided; or that the event will be conducted in an orderly fashion and the physical safety of property and persons in attendance and in surrounding area will be adequately protected; or (4) The event hEs not received final~ap~roval from the city health officer, zoning administra~r, firgmarshall, police chief~ilding official; or (5) The event does not have adequate toilet facilities on the premises; or (6) No bond, cash or liability insurance policy has been posted to insure the safety of the people attending or to serve as reimbursement for personal or property damages. The decision to deny a permit shall be accompanied by a statement of the reasons for denial. 33:11 COMPLIANCE WITH CODES. Any person issued a permit under this article shall comply with all applicable codes and ordinances of the City of Plainview. 33:12. PENALTY. Any person who shall hold, give or exhibit any event for which a permit is required to be obtained under division without first obtaining such permit shall be deemed guilty of an offense, and shall upon conviction thereof be punished by a f'me not to exceed $200.00, and each day that such violation of 4 of 5 174 this division shall continue shall constitute a separate offense. SECTION III. If any section, subsection, sentence, clause, phrase, of portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions thereof. SECTION IV. Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION V. All ordinances or portion of any ordinance of the City of Plainview, Texas, in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION V. This ordinance shall be of full force and effect upon its passage. PASSED AND APPROVED THIS ATTEST: Ir~ren McBeth, City Secretary APPROVED AS TO FORM: /~ D~j~DF ~.~.4~____ ,,1994. ~Llo~ yy~d W~oods, M~a'yo~ APPROVED AS TO CONTENT: Wally Ha ch, Cit 'Attorney Muf~,o-nc~on, Dir. of Comm. Dev. 5 of 5