Chapter 191 - SPECIAL EVENTS AND A. PHILIP RANDOLPH ENTERTAINMENT DISTRICT

Sec. 185.508. - Sunset and Reporting. Chapter 197 - RIDING ACADEMIES Chapter 191 - SPECIAL EVENTS AND A. PHILIP RANDOLPH ENTERTAINMENT DISTRICT[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2004-814-E, §§ 1, 2, amended the Code by repealing former Ch. 191, §§ 191.101—191.111, and adding a new Ch. 191. Former Ch. 191 pertained to outdoor musical entertainment, and derived from Ord. 70-764-329; Ord. 70-650-526; Ord. 71-397-181; Ord. 72-366-238; Ord. 74-802-664; and Ord. 83-591-400. Additionally, Ord. 2005-453-E, § 1, and Ord. 2013-226-E amended this Chapter by retitling the Chapter.

PART 1. - SPECIAL EVENTS[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2005-453-E, § 1, amended the Code by adding the designation "Part 1" to encompass §§ 191.101—191.120.

Sec. 191.101. - Findings and intent.

(a)

The Council finds that special events offered to the general public or a substantial segment of the public often attract a large gathering of people which may cause adverse public health and safety conditions requiring municipal regulation to insure adequate sanitation and sewage disposal facilities, police services, fire rescue personnel and equipment, parking, traffic control and crowd control, and other regulations in the interest of public safety and public health.

(b)

It is the intent of the Council that this Chapter be enacted to protect and promote the health, welfare and safety of the citizens of and visitors to the City of Jacksonville. It is the further intent of the Council that this Chapter be construed liberally in favor of protecting and promoting the health, welfare and safety of the citizens of and visitors to the City of Jacksonville.

(Ord. 2004-814-E, § 2)

Sec. 191.102. - Definitions.

As used in this Chapter:

(a)

Chief means the Economic Development Officer of the City (f/k/a the Executive Director of the JEDC), or his or her designee.

(b)

Special Event means a Neighborhood Community Event (as defined below) or preplanned single gathering, event or series of related consecutive daily gatherings or events of an entertainment, cultural, recreational, educational, political, religious or sporting nature, or of any other nature, expected to draw 500 or more persons as participants and/or spectators at any time within the duration of the event, and sponsored by an individual or entity, whether private or governmental, which is proposed to be held on public property. A special event does not include any activities on private property, except as specifically provided in Section 191.102(d) below.

(c)

Public Property means property that is owned, leased, operated, maintained or controlled by the State, City, any independent agency or authority of the Consolidated Government, or other governmental entity within Duval County.

(d)

Events on private property which meet the definition in subsection (b) shall be considered to be special events if 500 or more people participating in the event will occupy adjacent public streets or public property during the event.

(e)

Permit means a document issued by the Chief approving and authorizing a special event.

(f)

Applicant means the authorized individual or entity who completes the special event application for a Permit.

(g)

Neighborhood Community Event means a Special Event hosted by a council member at a City park for the benefit of persons residing in such council member's district, or residing in the City in the case of an at-large council member, that (i) educates, promotes and informs the persons attending on governmental activities, programs or projects affecting such council member's district; and (ii) includes planned entertainment, cultural or recreational event activities that are donated and paid for by third-parties. Any third-party donations and payments received for any Neighborhood Community Event shall constitute a "gift" to the City. A Neighborhood Community Event shall not include town meetings held at a City park. A "town meeting" as used in this subsection shall mean a forum or meeting primarily held by a council member regarding a City matter to discuss information with or obtain information from City residents regarding such matter.

(Ord. 2004-814-E, § 2; Ord. 2011-732-E, § 38; Ord. 2013-695-E, § 1; Ord. 2016-489-E, § 4)

Sec. 191.103. - Special event permit required.

(a)

No person shall stage, promote, or conduct any special event in the City without first obtaining a Permit from the Chief or his or her designee. Provided, however, no Permits shall be required to be obtained for any events to be held wholly on property owned or leased by any federal or State governmental entity, or by the independent agencies or authorities of the Consolidated Government. Nor shall any Permits under this Chapter be required for events to be attended by fewer than 500 persons as participants and/or spectators at any time within the duration of the event. As to such events, however, the sponsors or persons staging the event shall comply with any other permit requirements or regulations of the City departments which regulate, schedule or maintain the facilities for the event, such as, but not limited to, the Parks, Recreation and Community Services Department, or the Right-of-Way and Stormwater Maintenance Division of the Public Works Department.

(b)

The following events shall be exempt from the permit requirements of 191.103(a):

(1)

Any gathering, entertainment, cultural event, convention or exposition at the Prime F. Osborn Convention Center;

(2)

Any gathering, athletic, sporting, cultural or entertainment event at the Jacksonville Veterans Memorial Arena, football stadium (currently, EverBank Field), Amphitheater, Covered Flex Field, the Equestrian Center at the former Cecil Field, Metropolitan Park, Hanna Park, Huguenot Park, Unity Plaza Park, or the Baseball Grounds of Jacksonville;

(3)

Any gathering, entertainment or cultural events at the Times Union Center for Performing Arts or the Florida Theatre;

(4)

Any event at any college, junior college, high school, middle school or elementary school stadium or gymnasium or at any other spectator sporting venue; or

(5)

Events to be conducted by any organization pursuant to an Adopt a Park agreement, license or lease agreement containing an exemption from this Chapter and approved by the City Council or the Department of Parks, Recreation and Community Services or events otherwise exempt under this Chapter; or

(6)

Events where the City of Jacksonville is the sole event producer or host, provided the commercial participants, vendors, contractors, subcontractors and those of similar description and purpose helping to facilitate the event must have a written agreement, license, lease or permit and still comply with Sections 109.105 and 109.106; or

(7)

A Neighborhood Community Event hosted by a council member in accordance with Section 191.121 below.

(c)

This Section, requiring a special permit, shall not apply to Public Property that is privately leased.

(d)

Notwithstanding the preceding exemptions from the special event permit requirements in subsection (b) above, such gatherings, entertainment, cultural events, conventions, expositions, athletic, sporting events, and Neighborhood Community Events shall comply with all public safety standards, requirements for personal security and property safety and emergency medical services, and sanitary facilities for special events, contained in Sections 191.113, 191.114, 191.115 and 191.117.

(Ord. 2004-814-E, § 2; Ord. 2005-1283-E, § 7; Ord. 2011-732-E, § 38; Ord. 2013-695-E, § 1; Ord. 2013-209-E, § 40; Ord. 2014-612-E, § 1; Ord. 2016-489-E, § 4; Ord. 2016-729-E, § 4)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 191.104. - Permit application.

(a)

All Applicants shall submit an application for a Permit to the Chief at least 90 days, and, unless in the best interest of the City as determined by the Chief, no more than 365 days, prior to the date of commencement of the special event. Subject to event application deadlines established by other approving authorities, including but not limited to the National Park Service, United States Coast Guard, and the Florida Department of Transportation, the 90-day and 365-day requirements may be waived with the approval of all of the following officials or their designees: the Chief Administrative Officer, the Chief Financial Officer, the Director of Sports and Entertainment, and the Sheriff. The application shall contain information as to the estimated attendance at the special event (including, if applicable, attendance totals from the preceding two years), and the time and place of the special event.

(b)

To ensure that the public health, welfare and safety are protected, Applicants shall provide for compliance with all City plumbing and electrical code requirements; sanitation and sewage disposal facilities, as provided in Section 191.117; police services for security, crowd and traffic control as provided in Sections 191.113 and 191.115; fire rescue personnel for EMS coverage as provided in Sections 191.113 and 191.114, and insurance and indemnification as provided in Sections 191.105 and 191.106; and if the event will be held during hours of darkness, lighting complying with lighting standards prescribed in this Ordinance Code for streets and public property.

(c)

Each Applicant shall submit a non-refundable application fee with the initial application, to help defray the City's cost of processing the application and coordinating the relevant City services and personnel. The fee for any proposed special event shall be as found in www.coj.net/fees, and shall not exceed a maximum amount.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1; Ord. 2014-473-E, § 1; Ord. 2017-665-E, § 13)

Sec. 191.105. - Indemnification.

(a)

Within ten business days after conditional approval of a special event application as provided in Section 191.108(a), the applicant shall provide to the Chief an agreement pursuant to which the Applicant releases and forfeits any right of action against the City or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the special event and to the fullest extent permitted by law, indemnifies, defends and saves the City and City's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the special event irrespective of negligence, actual or claimed, upon the part of the City, its agents and employees, except where caused by the willful and wanton acts of City officials, officers, employees and agents, and (2) from all expenses incurred by the City for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety at the special event in accordance with the requirements of Sections 191.113, 191.114, 191.115, 191.116 and 191.117. The Applicant shall also agree to indemnify the City and City's members, officials, officers, employees and agents against all charges, expenses and costs, including the reasonable value of the services of the Office of General Counsel, incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same.

(b)

Contract authority. The Director of Public Works or his or her designee is authorized to enter into indemnity contracts, in the name of the City, with persons or entities promoting or sponsoring special events to be held in the City. At a minimum, such contracts shall provide that the person or entity promoting or sponsoring a special event shall assume full responsibility and liability for and indemnify and save the City harmless against:

(1)

All liability, claims for damages, and suits for or by reason of any injury to any person, and damage to any property for every cause in any way connected with the preparation for the set-up, holding and the closeout of the special event, irrespective of negligence, actual or claimed, upon the part of the City, its elected officials, agents and employees, except for the willful and wanton acts of its elected officials, employees and agents. The City's Division of Risk Management and the Office of General Counsel shall review and approve such contract language; and

(2)

All expenses incurred by the City for Jacksonville Sheriff's Office ("JSO") and City of Jacksonville Fire and Rescue Department services in accordance with standards specified in Sections 191.114 and 191.115. Such expenses shall be governed by the costs standards specified in Section 191.116;

(3)

All expenses incurred by the City for sanitation facilities and cleaning up of any special event site and other immediate surrounding areas affected by the event after the occurrence of the special event as specified in Section 191.117; and

(4)

Any other expenses or costs that may be incurred by the City as a result of allowing the special event to take place.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 191.106. - Insurance.

(a)

Procure and maintain at Applicant's sole expense, insurance of the types, coverages, and amounts not less than stated below: EXPAND Schedule Limits Commercial General Liability - No more restrictive than ISO Form CG0001 (including property damage, personal injury, products/comp. ops. agg., premises, operations, and blanket contractual liability) $1,000,000 Each Occurrence $1,000,000 Products & Completed Ops Aggregate $1,000,000 Personal Injury and Advertising $2,000,000 General Aggregate (The City of Jacksonville and City's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage).

In the event the use of motor vehicles is an integral part of the special event (unless a separate ordinance is specifically applicable to the automobiles):

EXPAND Automobile Liability (all automobiles-owned, hired or non-owned) $500,000 Combined Single Limit

In the event the Applicant hires employees for the special event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the special event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage:

EXPAND Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Florida Statutory Coverage Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease

In the event alcoholic beverages will be served, sold, consumed or otherwise allowed at the special event:

EXPAND Liquor Liability $1,000,000 Combined Single Limit

In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to 191.106(k) below:

EXPAND Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim

In the event the use of watercraft is an integral part of the special event:

EXPAND Watercraft Liability (all watercraft-owned, hired or non-owned) $1,000,000 Combined Single Limit

In the event that children will be supervised in connection with the event and Risk Management determines the coverage is necessary, pursuant to 191.106(k) below:

EXPAND Sexual Molestation Liability $1,000,000 Each Occurrence/Claim

(b)

Participants - The Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the City and the City's members, officials, officers, employees and agents.

(c)

Primary and Non-Contributory - The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the City.

(d)

Deductibles - The deductibles of the insurance policies applicable to the special event shall be deemed customary and the responsibility of the Applicant and any named insureds.

(e)

Additional Insured - The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the City of Jacksonville and City's members, official, officers, employees and agents, as additional insureds under all insurance coverages required for the special event.

(f)

Reporting Provision - The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term.

(g)

Duration - Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this Section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages.

(h)

Sovereign Entities - State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable State or federal statute. Such statement will be acceptable in place of insurance requirements defined herein.

(i)

Financial Responsibility - Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A-VII or better. Applicant must maintain continuation of the required insurance throughout the special event, which includes load-in, setup, tear down, and load-out.

(j)

Evidence of Financial Responsibility - Applicant must provide a certificate of insurance to the City's Division of Risk Management, demonstrating the maintenance of the required insurance including the additional insured endorsement, no later than 10 days after the conditional approval. Upon written request, the Applicant shall make its insurance policies and endorsements available to the City's Division of Risk Management. The City's Division of Risk Management shall approve the Applicant's insurance if it complies with this Section's requirements, including, if any, additional insurance coverages deemed necessary by the Division of Risk Management. No material alteration or cancellation, including expiration and non-renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the City from the Applicant or the Applicant's insurance company.

(k)

Discretionary Authority - Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the City may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the City also be named as an additional insured.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1; Ord. 2014-473-E, § 1)

Sec. 191.107. - Faithful payment and performance bonds; performer and participant contracts; and payment for City personnel, materials and services.

Within ten business days of the Chief notifying the Applicant of its service quote for providing Jacksonville Sheriff's Office and Jacksonville Fire and Rescue Department personnel, as specified in Section 191.114 and 191.115, and the sanitation, maintenance and clean-up costs as specified in Section 191.117, the Applicant shall comply with subparagraphs (a) and (b) below:

(a)

The Applicant shall pay for 50 percent of the total service quote for the City personnel, materials and services required by Sections 191.114, 191.115 and 191.117 in immediately available funds via a cashier's check, certified check, wire transfer or money order. The outstanding 50 percent balance due shall be paid to the City in same manner by no later than the conclusion of the special event.

(b)

Applicant may satisfy the outstanding 50 percent costs identified in subparagraph (a) above by providing a faithful payment and performance bond or irrevocable, direct pay, evergreen letter of credit (that may be drawn by facsimile presentation) in an amount equal to the remaining costs of providing Jacksonville Sheriff's Office and Jacksonville Fire and Rescue Department personnel as specified in Section 191.114 and 191.115, and the sanitation, maintenance and clean up costs as specified in Section 191.117. Such bond or irrevocable letter of credit shall be in a form approved by the Office of General Counsel and the Risk Manager or designee according to the standards set forth in this Section. The purpose of such bond or irrevocable letter of credit is to insulate the City from financial loss because the City allowed special events to occur.

(c)

Confirmation of the names of all persons or groups who will perform at a special event; who will provide or furnish products, materials, goods or services other than entertainment; or who will furnish or provide rides, mechanical entertainment or amusement devices. Mechanical amusement devices shall comply with the requirements of Chapter 160, Ordinance Code. Such confirmation shall include delivery of executed copies of all performer contracts between the applicant and such performing persons or groups to the Chief. Redaction of pricing information shall be permitted, consistent with the provisions of Section 191.109(a); and the Chief in his or her sound discretion may grant an extension of time to no later than 30 days before the event to provide such contracts if the applicant is still in negotiations or is otherwise prevented for legitimate business reasons from submitting the contracts within ten business days after conditional approval of the event.

(d)

If an event is cancelled due to a state of emergency declared by the Governor or Mayor or, at the request of the Applicant, promoter or sponsor, at least 21 calendar days before the event, the City, at the Applicant's, promoter's or sponsor's request, shall refund to the Applicant, promoter or sponsor all costs deposits paid hereunder to the extent the costs have not already been incurred by the City, and shall release the net remaining security posted hereunder, within no later than 30 calendar days after the event was scheduled to occur.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Sec. 191.108. - Issuance of permit; conditional approval; grounds for denial.

(a)

Within ten business days of receiving the items and information required by Section 191.104(a), the Chief or his or her designee shall conditionally approve the application and issue a Permit for the staging, promoting or conducting of a special event at the time and location named in the application. The Applicant must provide the items required by Sections 191.105 and 191.106 above within ten business days of being provided conditional approval by the Chief or the Chief's designee. If the Applicant fails to provide those items within ten days of conditional approval, the application shall be deemed incomplete and disapproved. If those items are provided within that time, the application shall be deemed approved as of the date the Applicant submits the last of the required items.

(b)

An application for a permit shall be denied if:

(1)

The applicant has made any false material representation in the application.

(2)

The applicant fails to provide any of the items or information required by this Chapter.

(3)

The special event will substantially interfere with any other special event for which a permit has already been granted, or with the provision of public safety or other City services in support of such other previously scheduled events, or will have an unmitigable adverse impact upon residential or business access and traffic circulation in the area in which it is to be conducted.

(c)

An application may be denied by the Chief in the public interest if the conduct of the special event will substantially interrupt the safe and orderly movement of aerial or marine navigation, or of public transportation or other vehicular and pedestrian traffic in the area of the special event; or will cause unresolvable conflict with construction or development in public rights-of-way or at the public facility where the special event is held; or will close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. or between 4:00 p.m. to 6:00 p.m. so as to cause unsafe conditions for the public; or the expected attendance at the event will exceed the lawful capacity of the facility under the City's Fire Code; or the parking available at the facility will be inadequate to accommodate the expected attendance at the event.

(d)

If a permit is denied, the Chief shall provide the applicant with written reasons for denial within five business days. The applicant, within five business days after denial, may appeal the denial to a committee composed of the Chief Operating Officer, the Director of the Public Works Department, the Sheriff, the Fire Chief, and the General Counsel, or their designees, for a final decision by majority vote based upon the documents and circumstances presented to be rendered within five business days of receiving the appeal. Except for the provisions of subsection (e) below, judicial review of any such final decision may be obtained by a writ of common law certiorari in the Circuit Court of the Fourth Judicial Circuit, within five days of rendition of the final decision.

(e)

In the event that an applicant alleges that a permit denial is a First Amendment prior restraint, and any appeal under subsection (d) above has been denied, the City will immediately institute judicial proceedings and must prove that any expression is without constitutional protection or that permit denial is not based on expressive content, or that denial is otherwise permissible under the First Amendment or the State Constitution. Permit denial, in the face of such judicial review, will continue only to preserve the status quo until such time as judicial review and determination is complete. The City will request expedited judicial determination to ensure a prompt final judicial resolution.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 191.109. - Conduct of special events regulated.

(a)

No person staging, promoting, or conducting a special event shall advertise or permit any advertising that a particular performer will appear at a special event until after a contract for the performer's appearance has been executed and a copy thereof has been filed with the Chief. Such contracts may have pricing information and pricing provisions redacted.

(b)

On the special event premises, no person shall possess:

(1)

Any beverage containing alcohol, unless the Applicant provides any necessary insurance required by Section 191.106, and if the event is to occur on City owned or leased property, all requirements of Chapter 154 of the Ordinance Code are followed. If alcohol is to be served, that fact must be disclosed to the Chief at the time of filing an application for a permit, and all applicable requirements of State beverage laws must be met.

(2)

Any container made of glass.

(c)

The Applicant shall be responsible for the orderly and safe conduct of the special event and for the avoidance of adverse public health and public safety conditions or incidents, and, upon failure to comply, shall respond to the City for all damages proximately resulting therefrom.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Sec. 191.110. - Revocation or suspension of permit.

The Chief, after consultation with the Sheriff or Sheriff's designee, Fire Chief or Fire Chief's designee, the Division of Insurance and Risk Management and the Public Works Department, may summarily suspend or revoke a permit issued under this Chapter for violation of this Chapter; for violating any federal, State or local laws or ordinances during the special event; or for making any material false representation in an application for a permit or for an exemption certificate. In the event of suspension or revocation, the appeal provisions in Sections 191.108 (d) and 191.108 (e) shall apply, commencing with the date the suspension or revocation notice is provided to the applicant.

(Ord. 2004-814-E, § 2)

Sec. 191.111. - Penalties.

It is unlawful and a class D offense to:

(a)

Conduct, stage or promote a special event without a permit.

(b)

Knowingly making a false estimate pursuant to Section 191.112.

(c)

Violate any provision of this Chapter.

(Ord. 2004-814-E, § 2)

Sec. 191.112. - Exemption.

(a)

Sections 191.103 through 191.111 shall not apply to a special event if:

(1)

The promoter files an affidavit that his or her best estimate of probable attendance and number of participants at the special event is less than 500 persons, and

(2)

The Chief concurs in the estimate in writing and issues to the promoter an exemption certificate.

(b)

Each attendance and participants estimate by the promoter and by the Chief shall be accompanied by a written statement of the basis for the estimate. Each estimate shall be based upon all the relevant factors known at the time, including, without limitation, past attendance at similar functions having the same and similar performers, both in Jacksonville and comparable communities, the price of admission and the extent of advertising and promotion contemplated. The Chief shall accept the promoter's affidavit unless it clearly appears to the Chief from the written statements that the estimate is understated by a factor of at least ten percent.

(Ord. 2004-814-E, § 2)

Sec. 191.113. - Public safety at special events.

The following requirements for public safety will be observed at all special events and at other events required to have such services under Section 191.102 or Section 191.103:

(a)

The Jacksonville Sheriff's Office shall be the primary provider of personal safety and property security at special events in accordance with the attendance and participation standards in Section 191.115. If the Applicant wishes to use private sector entities for personal safety or property security at special events, such entities will be supplemental or in addition to the services provided by the Office of the Sheriff.

(b)

Fire protection services shall be provided by the Jacksonville Fire and Rescue Department. Emergency medical services, including transportation, for City sponsored or co-sponsored special events, shall be provided by the Jacksonville Fire and Rescue Department pursuant to the Director/Fire Chief's determination under Section 158.310, and in accordance with the attendance and participation standards in Section 191.114. Emergency medical services for non-City sponsored special events shall be provided by the Jacksonville Fire and Rescue Department. All providers of emergency medical services at special events or other events required to have emergency medical services, pursuant to Sections 191.113 and 191.114, must have a certificate issued under Chapter 158, Ordinance Code, and must be licensed by the State of Florida under F.S. Ch. 401, and any medical services must be furnished under supervision of a medical director, pursuant to F.S. § 401.265. In the event that the Fire and Rescue Department determines that it is unable to provide any aspect of emergency medical services, including transportation, such services may be provided by properly licensed and certificated private sector entities.

(c)

For any special event at which attendance is expected to exceed 50,000, separate and apart from the requirements contained in Sections 191.114, 191.115, 191.116, 191.117, 191.118, or elsewhere in this Chapter, the Director of Special Events shall develop a written, coordinated public safety plan in conjunction with the Mayor, Sheriff, Director/Fire Chief of Fire and Rescue, the Risk Manager and the Director of Emergency Preparedness, or their designees. The development of this plan shall not be the responsibility of the applicants, promoters or sponsors of the event, and may not be used as a basis or factor in the decision to grant or deny any permit for the event.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Sec. 191.114. - Attendance and participant standards for public safety emergency medical personnel at special events.

Applicants and promoters or sponsors of other events required to have emergency medical services, including transportation as specified in Section 191.103, shall arrange for emergency medical services, including transportation, based upon projected attendees and participants as follows:

EXPAND Attendees and Participants (combined) Emergency Medical Personnel 500—1000 2 1,001—2,500 2—5 2,501—5,000 5—8 5,001—7,500 8—11 7,501—10,000 11—13 10,001—15,000 13—15 15,001—25,000 15—18 25,001—35,000 18—21 35,001—50,000 21—24 50,001—65,000 24—27 65,001—80,000 27—31 80,001—95,000 31—36 95,001 and over 37 plus 2 for each additional 1000

(Ord. 2004-814-E, § 2; Ord. 2007-1348-E, § 1)

Sec. 191.115. - Attendance and participant standards for public safety, personal security and property safety personnel at special events.

(a)

Applicants and promoters or sponsors of other events required to have Personal Safety and Property Security under Section 191.103 shall arrange for JSO personnel based upon projected attendees and participants as follows: EXPAND Attendees and Participants (combined) Personnel at Passive Attendee Event Personnel at Active Attendee Event 500—1,000 2—3 2—5 1,001—2,500 2—5 3—6 2,501—5,000 4—7 6—10 5,001—7,500 6—9 11—15 7,501—10,000 8—11 16—20 10,001—15,000 10—13 21—30 15,001—25,000 12—15 31—50 25,001—35,000 14—18 51—60 35,001—50,000 19—25 61—65 50,001—65,000 26—33 66—70 65,001—80,000 34—40 71—75 80,001—95,000 41—48 76—80 95,001—over 49 plus 81—95

(b)

For purposes of this Section, the term "active attendee event" means those events in which past experiences and recognized entertainment industry and police standards indicate that active attendee participation is expected. These would include, but not be limited to, foot races, concerts with mosh pits, and other events that present exaggerated risks to the safety of participants or spectators. The term "passive attendee event" means those events in which past experiences and recognized entertainment industry and police standards indicate that passive attendee participation is expected. These would include, but not be limited to, Broadway shows, symphonic performances, and outdoor Shakespearian festivals, for example.

(c)

In the event it is necessary for Jacksonville Sheriff's Office personnel to regulate or control outdoor vehicular or pedestrian traffic at a special event, or other event requiring personal security or property safety services under Section 191.102 or Section 191.103, in addition to the foregoing personnel, the applicant, promoter or sponsor shall be responsible for the cost of providing no less than one, and no more than ten, additional Jacksonville Sheriff's Office personnel for each intersection requiring staffing by Jacksonville Sheriff's Office personnel.

(d)

In addition to and as a part of the above JSO personnel standards, for every six (6) JSO personnel assigned to cover an event, there also shall be assigned JSO supervisors required in accordance with the following schedule: EXPAND JSO Personnel Assigned to Event Number of Assigned Supervisors 1—6 1 7—12 2 13—18 3 19—24 4 25—30 5 31—36 6 37—42 7 43—48 8 49—54 9 55—60 10 61—66 11 67—72 12 73—78 13 79—84 14 85—90 15 91—95 16

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Sec. 191.116. - Costs for public safety personnel at special events.

The costs for provision of Jacksonville Sheriff's Office and City of Jacksonville Fire and Rescue Department personnel at special events and at other events required to have such services under Section 191.102 or Section 191.103, shall be the current regular prevailing hourly rates pursuant to collective bargaining agreements, Civil Service Personnel Rules and Regulations and procedures, and other established City employee pay schedules.

(Ord. 2004-814-E, § 2)

Sec. 191.117. - Standards for sanitary facilities, event set up, maintenance and clean up costs.

(a)

Sanitary facilities, in the form of portable toilets, shall be provided by applicants, promoters or sponsors of special events to supplement the available facilities at any given venue in light of the projected number of attendees and participants, based upon consultation with the Chief as to the total number of facilities necessary to comply with the Duval County Health Department's O.S.T.D.S. Special Events Portable Toilet approval policy and existing health laws and sanitation and plumbing codes and standards; provided that there shall be at least one portolet for each 500 persons expected to be in attendance.

(b)

The applicant, promoter or sponsor shall be responsible for costs the City incurs for personnel necessary for set up for the event, maintenance during and clean up after the event in accordance with then prevailing regular rates established under the applicable collective bargaining agreements, Civil Service and Personnel Rules and Regulations, and other established City employee pay schedules.

(Ord. 2004-814-E, § 2)

Sec. 191.118. - Limited exceptions to attendance and insurance standards, notwithstanding the requirements in Sections 191.114, 191.115, and 191.106.

(a)

An event may be required to have more public safety and emergency medical personnel in attendance if extraordinary risk factors including, but not limited to, pyrotechnics, automobile races, air shows, mosh pits or other activities perilous to public health and safety are present at events according to recognized public safety standards of the Sheriff's Office and the City of Jacksonville Fire and Rescue Department. In such a situation, the Sheriff and Director/Fire Chief or their designees, based upon similar audience or attendee actual participation, availability of alcohol for consumption, and other knowledge of similar events, may increase personnel by up to 50 percent of the required personnel for each attendance category.

(b)

An event may be allowed to have less public safety and emergency medical personnel in attendance if the event is of a demonstrated low risk category based upon recognized public safety standards of the Jacksonville Sheriff's Office and City of Jacksonville Fire and Rescue Department. In such a situation, the Sheriff, based upon such standards and other knowledge of similar events, may decrease the Sheriff's personnel requirements by any measure, to include a full waiver of Section 191.115, provided the Sheriff or his or her designee provides such authorization in writing. The Director/Fire Chief or his or her designees, based upon such standards and other knowledge of similar events and the code as prescribed by the National Fire Protection Association, may for events with attendance of 2,500 persons or less, decrease the emergency medical personnel by any measure, to include a full waiver of Section 191.114, provided the Director/Fire Chief or his designee provides such authorization in writing.

(c)

An Applicant, or sponsor or promoter of an event, may be authorized or required to provide up to 50 percent greater, or a lesser amount, to include a full waiver, of the types, ratings and amounts of insurance coverage under Section 191.106 if the event is of a demonstrated high or low risk category according to recognized insurance and risk management industry standards. Such reduction or increase shall be determined, and the reasons for any adjustment shall be stated in writing, by the Risk Manager or the Risk Manager's designee using such recognized insurance and risk management standards with the concurrence of the General Counsel or the General Counsel's designee.

(Ord. 2004-814-E, § 2; Ord. 2013-695-E, § 1)

Sec. 191.119. - Cost waivers authorized to avoid unreasonable burdens upon protected first amendment expression; alternative venues for events.

(a)

Except for special events where alcoholic beverages are provided or sold, pursuant to Section 154.107, Ordinance Code, the Chief is authorized to reduce or waive the insurance and faithful performance bond requirements and the cost requirements for police and emergency medical personnel, and sanitary facilities, set up, maintenance and clean up of this Chapter for a special event if the Chief, upon consultation with the General Counsel and the Risk Manager or their designees, determines that the event is exclusively or primarily for speech or other expressive activity protected by the First Amendment to the United States Constitution, and that the foregoing requirements are unreasonably burdensome or cannot be met due to insolvency or indigency as set forth below.

(b)

The applicants, promoters or sponsors shall file an affidavit stating that it is made under oath and under penalty of perjury and that they believe the special event's purpose is exclusively or primarily for such First Amendment speech or expression purposes, and that they have determined that the cost of obtaining the required insurance and faithful performance bond, or the cost of the deposit or the bond for police, fire, emergency medical protection, and sanitary facilities, set up, maintenance and clean up costs, is so financially burdensome that it would constitute an unreasonable restriction on the right of First Amendment expression, or that it has been or would be impossible due to the insolvency or indigency of the applicants, promoters or sponsors to obtain the required coverage or guarantee or to stage the special event.

(c)

(1)

In the event of a claim of insolvency or indigency, the applicants, promoters or sponsors shall complete as part of the affidavit, a listing on a monthly basis of the information about their income, assets, expenses and liabilities contained in a form to be developed by the Chief in consultation with the Office of General Counsel and to be made available to the applicants, promoters or sponsors. Such affidavit shall also include the name and address of at least two State of Florida licensed insurance agents or sureties, or other state's licensed sureties or sources of insurance contacted to determine premium rates for coverage or guarantee. Notwithstanding any waiver or reduction authorized by this Section, the applicant, promoter or sponsor of the special event shall be required by contract to defend, indemnify and hold harmless the City from any claim or liability occasioned by the special event in accordance with Section 191.105. Upon receipt of the affidavit, the Chief shall conduct an examination as expeditiously as possible, but in any event within 30 days, as to the income, assets, expenses, and liabilities listed to the extent practicable from information available as part of the public record to determine if any discrepancies exist. If any discrepancies are found, the applicants, promoters or sponsors shall be so notified within ten business days after the conclusion of the investigation and shall be given an additional ten business days to explain or correct any incorrect information discovered. If the discrepancies are due to inaccurate or incomplete information provided to the Chief in the affidavit, the request for a waiver of costs and bond requirements due to indigency or insolvency shall be denied, in which event all costs and bonds required by this Chapter shall be paid and posted, or the event shall not be permitted to proceed.

(2)

Approvals of waivers shall be granted by the Chief within five business days after completion of the financial investigation, unless a discrepancy has been discovered. A waiver may be denied if the Chief determines that (a) inaccurate or incomplete information was provided; (b) there is no undue burden on First Amendment rights; or (c) there is no demonstrated insolvency or indigency. The Chief shall provide the applicant with written reasons for any denial within five business days after completion of the investigation. The denial may be appealed within five business days after denial, to a committee composed of the Chief Operating Officer, the Director of the Public Works Department, and the General Counsel, or their designees, for a final decision by majority vote based upon the documents and circumstances presented. The decision on the appeal shall be rendered within five business days of receiving the appeal. If the Chief's decision is sustained, the denial shall stand. If the Chief's decision is overturned, the waiver shall be deemed granted.

(d)

For purposes of this Section, an applicant, promoter or sponsor shall be considered insolvent or indigent if the monthly expenses and liabilities disclosed by the affidavit exceed the monthly income and the equity available in any owned assets. For purposes of this Section, compliance with the costs and bonds requirements of this Chapter shall be deemed unduly burdensome and unreasonably restrictive of First Amendment rights of expression if such compliance would impose a severe hardship financially which could foreseeably cause insolvency or indigency to occur within 90 days after compliance.

(e)

In any case where an applicant, promoter, or sponsor cost or bond waiver is granted, the costs and expenses waived shall be paid and absorbed by the Special Events Division of the City, and the special event shall be allowed to proceed as requested if the other requirements of this Chapter are timely met.

(f)

With respect to events that are exclusively or primarily for protected First Amendment expressive activity, a particular venue need not be made available if there are scheduling conflicts or if the City's unreimbursed costs to make the venue requested available will exceed the budgeted funds available within the respective City department for the services to be required at the venue in light of the anticipated attendance. In such situation, the City will make available an alternate venue at which the expressive activity can be conducted.

(Ord. 2004-814-E, § 2)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 191.120. - Council member notification.

When an application for a special event or for an indigency cost waiver has been denied by the Chief pursuant to Section 191.108 or 191.119, Ordinance Code, the City Council member in whose district the event is proposed will be notified of the denial by the Chief within three business days.

(Ord. 2004-814-E, § 2)

Sec. 191.121. - Council Member Hosted Neighborhood Community Events.

(a)

Neighborhood Community Events. A council member may host a Neighborhood Community Event provided the following conditions have been met:

(1)

The Neighborhood Community Event complies with the procedures set forth in subsection (b) below; and

(2)

Sufficient funds are available in the Neighborhood Community Events Trust Fund pursuant to Section 111.105(d) to pay for the internal City costs associated with such event. For purposes of this Section, "internal City costs" shall only mean the Neighborhood Community Event costs related to public safety standards, personal security, property safety, emergency medical services, event set up, maintenance and clean up pursuant to Sections 191.113, 191.114, 191.115 and 191.117, Ordinance Code, and other costs, if any, related to the use of City facilities and equipment (e.g., stages, bleachers, audio, etc.).

(b)

Event Approval Procedures. A council member may host a Neighborhood Community Event in accordance with the following procedures:

(1)

Request Form. The Director of the Special Events Office, or his or her designee ("Special Events Director"), shall develop a Neighborhood Community Events request form to be used by council members requesting to host a Neighborhood Community Event. The request form shall include such information related to the event as requested by the Special Events Office, including a brief description of the Neighborhood Community Event (i.e., planned activities, estimated attendance, co-sponsorships, if any, and the governmental activity, program or project that the event will be promoting, etc.), the preferred event date, and a preliminary estimate of event costs. A council member desiring to host a Neighborhood Community Event shall submit a completed request form to the Special Events Director no later than 60 days prior to the preferred event date. A council member may not promote a Neighborhood Community Event until such event has been approved in accordance with this Section. The Special Events Director, within ten business days receipt of a completed request form, shall notify the council member if any additional information regarding the event is needed. If no additional information is needed from the council member, the Special Events Director shall forward the request form to the departments for review pursuant to subsection (b)(2) below.

(2)

Department Review. Upon receipt of the request form from the Special Events Director, the Directors of the Parks, Recreation and Community Services Department, the Public Works Department, the Neighborhoods Department, the Fire Rescue Department, and the Jacksonville Sheriff's Office shall review the request form and indicate on such form the availability and costs of public safety personnel, equipment and facilities necessary to host the event. The Special Events Director shall also forward the completed request form to the Ethics Director and Risk Manager for review and approval. At such time that the review by the department directors listed above, the Ethics Director and the Risk Manager has been completed, the Special Events Director shall notify the council member of the total internal City costs necessary to fund the Neighborhood Community Event and route the request form to the Council President for approval. Upon the Council President's approval of the Neighborhood Community Event, the Special Events Director shall proceed with the verification of funds pursuant to subsection (b)(3) below.

(3)

Verification of Funds by Director of Finance. After the request form has been reviewed in accordance with subsection (b)(2) above, the Special Events Director shall route the request form to the Director of Finance to verify that sufficient funds are available in the Neighborhood Community Events Trust Fund to pay for the total internal City costs associated with the event as shown on the request form. Upon obtaining said verification, the Special Events Director shall provide the council member with a copy of the approved request form and the council member may proceed with hosting the Neighborhood Community Event. Subject to availability of funds, each council member shall be allocated $3,500 from the Neighborhood Community Events Trust Fund each fiscal year to use for Neighborhood Community Events in accordance with this Section.

(4)

Event Coordination. The Special Events Office shall assist the council member in coordinating and scheduling the use of City personnel, equipment and facilities in connection with any approved Neighborhood Community Event.

(c)

Co-Sponsorships. A person or entity may co-sponsor a Neighborhood Community Event and pay for all or a portion of the internal City costs related to a Neighborhood Community Event in the manner set forth in Section 602.701(c), Ordinance Code, no later than 30 days prior to the scheduled event date. Any such payment shall constitute a "gift" to the City under Chapter 602, Ordinance Code. Co-Sponsors may donate other items or personal property to the Neighborhood Community Event in accordance with Chapter 113, Part 3, Ordinance Code. Such donations shall also constitute a "gift" to the City.

(d)

Open Meetings; Other Laws. Neighborhood Community Events, as applicable, shall be subject to Chapter 286, Florida Statutes, and Section 15.104(c), Ordinance Code. Neighborhood Community Events shall be subject to Chapter 350, Part III (Elections Code), Ordinance Code, as applicable. Council members hosting Neighborhood Community Events shall be subject to State and local ethics laws, including Chapter 602 (Ethics), Ordinance Code. Section 106.1202(a), Ordinance Code, shall not apply to Neighborhood Community Events.

(e)

No Solicitation of Donations or Payments by Council Members for Neighborhood Community Events. A council member shall not solicit or accept a donation, payment or gift from a third-party for a Neighborhood Community Event. Solicitations or the acceptance of gifts by public officers and employees are expressly prohibited under F.S. § 112.313(2), and Chapter 602, Ordinance Code.

(Ord. 2016-489-E, § 5)

PART 2. - A. PHILIP RANDOLPH ENTERTAINMENT DISTRICT[3]

Footnotes: --- (3) ---

Editor's note— Ord. 2013-226-E, § 1, amended the Title of Part 2.

Sec. 191.201. - Area of Applicability.

(a)

The boundaries of the A. Philip Randolph Entertainment District Overlay Zone is shown on the A. Philip Randolph Entertainment District Overlay Zone Map dated March 24, 2005 as shown in Figure 1, located at the end of this Subpart and shall be referred to as the A. Philip Randolph Entertainment District Overlay Zone includes all land within the following boundaries:

Begin at the intersection of the Northerly right-of-way line of the Arlington Expressway with the Easterly right-of-way line of Palmetto Street; thence Northerly along said Easterly right-of-way line to its intersection with the Northerly right-of-way line of Union Street; thence Westerly along said Northerly right-of-way line to its intersection with the Easterly right-of-way line of said Palmetto Street; thence Northerly along said Easterly right-of-way line to its intersection with the Southerly right-of-way line of 1st Street; thence Northeasterly and Easterly along said Southerly right-of-way line to its intersection with the Easterly right-of-way line of Troyan Street; thence Southerly along said Easterly right-of-way line to its intersection with the Northerly right-of-way line of Phelps Street; thence Easterly along said Northerly right-of-way line to its intersection with a Northerly prolongation of the Westerly right-of-way line of Van Buren Street; thence Southerly along said prolongation line and the Westerly right-of-way line of said Van Buren Street to its intersection with the Northerly right-of-way line of Grant Street; thence Westerly along said Northerly right-of-way line to its intersection with a Northerly prolongation of the Westerly right-of-way line of that portion of said Van Buren Street that lies Southerly of said Grant Street; thence Southerly along said prolongation line and the Westerly right-of-way line of said Van Buren Street to the Northerly right-of-way line of the Arlington Expressway; thence Westerly along said Northerly right-of-way line to the Easterly right-of-way line of Palmetto Street and the point of Beginning.

All of that portion of A. Philip Randolph Boulevard (Florida Avenue), a variable width right-of-way, that lies between the Northerly right-of-way line of the Arlington Expressway and the Northerly right-of-way line of Bay Street.

(Ord. 2005-453-E, § 2; Ord. 2013-226-E, § 1)

Sec. 191.202. - Periods of Applicability.

(a)

Section 191.201 above shall apply to uses, activities and signs during the following special events:

(1)

The Florida Georgia Football Game;

(2)

The Gator Bowl (currently known as the TaxSlayer Bowl);

(3)

World of Nations;

(4)

Jacksonville Jazz Festival;

(5)

Spring Music Festivities;

(6)

Skyblast/July 4th;

(7)

12 Ticket Events at Metropolitan Park;

(8)

Bethune/Cookman Events;

(9)

FAMU Events;

(10)

Fairground Events;

(11)

Jacksonville Suns games;

(12)

Jacksonville Jaguar games;

(13)

Baseball Grounds of Jacksonville events;

(14)

EverBank Field events;

(15)

Events at the Amphitheater or Covered Flex Field;

(16)

New year's Eve events;

(17)

Arena Events; or

(18)

Any other events the Council of the City deems special.

(b)

The time periods shall run from 8:00 a.m. the day prior to the Event to 11:59 p.m. the day after the event. These time periods described herein above are designated as Entertainment District Activity Periods.

(Ord. 2005-453-E, § 2; Ord. 2013-226-E, § 1; Ord. 2016-729-E, § 1)

Sec. 191.203. - Waiving Provisions of Chapter 368, Ordinance Code.

(a)

During the Entertainment District Activity Periods only, in the A. Philip Randolph Entertainment District Overlay Zone:

(1)

The open container restrictions on alcoholic beverages contained in Sections 154.107 and 154.108 are hereby waived during the Entertainment District Activity Periods; and

(2)

The distance limitations contained in Section 656.805 are hereby waived for establishments holding a validly issued license for the sale of alcoholic beverages during the Entertainment District Activity Periods.

(Ord. 2005-453-E, § 2; Ord. 2013-226-E, § 1)

Entertainment District Overlay Zone

Sec. 185.508. - Sunset and Reporting. Chapter 197 - RIDING ACADEMIES