Title 28 · Chapter 28 - SPECIAL EVENTS

Special event permit application—Filing periods, notice, contents

Section: 28-26

Application: Any natural person or legal entity required to obtain a special event permit, pursuant to this chapter, shall apply for said permit by filing a fully executed application on a form prescribed by the official. The applicant must be at least eighteen (18) years of age to reserve a facility. The parks and recreation director or his/her designee may refuse to reserve a facility for any person who cannot prove the age requirement to the satisfaction of the department. The application shall contain the following recitals:

"In consideration of the privileges granted by issuance of this permit, the Applicant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the City, and all officials, agents and employees of the City, from and against all claims which may result from allowing Applicant to utilize the public right-of-way or City owned park. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The Applicant's obligation to indemnify, defend, and hold harmless includes any claim by Applicant's agents, employees, representatives or any subcontractor or its employees. The Applicant acknowledges that the provisions of this paragraph apply to and include any liability resulting for incidents involving the streetcar electrified cables. Said indemnification shall not include claims resulting solely from the act, omission, negligence, or other fault on the part of the City, its official, agents, or employees."

(a)

Filing period: A complete special event permit application must be filed no later than:

(1)

Sixty (60) days prior to a special event that does not require city services, street closure, city co-sponsorship or a special use permit (i.e. a qualifying event to be held entirely within the confines of a city park or public property not for vehicular use); or

(2)

Ninety (90) days prior to a planned event that requires street closure, city services, city co-sponsorship and/or a special use permit.

(b)

Neighborhood notice: The official shall not be required to provide public notice of events held entirely within the boundary of a city park or public property used for motor vehicle traffic and for which a special event permit is issued administratively by the official as provided herein. The official shall provide notice to the public of each proposed special event that requires city council action in the following manner:

(1)

Posted and Internet city website notice: There shall be posted on the special event calendar page of the City of Tampa internet website and at the special event public notice bulletin board in the lobby of the special event office notice of the event, which shall include the date of city council action, the name of the event sponsor, the route, the location and times of temporary road closures and the date, time and name of the proposed event.

(2)

Notice to Tampa Downtown Partnership and/or the Ybor City Development Corporation: In connection with any proposed special event that will include all or a portion of the central business district or Ybor City Historic District, as described in chapter 27 of the Code, the official shall, in addition to the notices above, provide notice by electronic mail to the Tampa Downtown Partnership and/or the Ybor City Development Corporation, as applicable. Notice shall include, at minimum: the date of city council action, the name of the event sponsor, the route, the location and times of temporary road closures and the date, time and name of the proposed event.

(3)

Additional methods of notice: Recognizing that certain events may be of such size and magnitude that they result in significant impact to the flow and or pattern of pedestrian and vehicular traffic on public rights-of-way, nothing herein shall be deemed to restrict the official from conducting additional methods of notice than herein required.

(c)

Each applicant shall comply with the following:

(1)

Application: Submit a complete and fully executed application.

(2)

Age requirement: Applicant must be at least eighteen (18) years of age to reserve a facility. The parks and recreation director or his/her designee may refuse to reserve a facility for any person who cannot prove the age requirement to the satisfaction of the department.

(3)

Site plan: If stationary structures such as tents, stalls, carts, vendor booths or outdoor exhibits/displays are to be part of the special event, then a site plan depicting and naming the relevant property(ies), streets and intersections showing the proposed location and general dimensions of each facility must be included and submitted for review and approval by the official. The site plan shall provide evidence of compliance with all of the standards for "essential event services" as required herein. Each site plan shall be reviewed by the official for adequate spacing between facilities and the location of facilities on or near rights-of-way to ensure the safe and orderly flow of pedestrian and or vehicular traffic. In the event the site plan fails to adequately address compliance with the "essential event services" described below, and/or if spacing and location is deemed by the official to be inadequate for the safe and orderly flow of pedestrian and/or vehicular traffic, the official shall provide the applicant with specific comment on the deficiencies of the site plan and require that a revised site plan be submitted, if necessary.

(4)

Application processing fee: Pay at the time of filing an application for special event permit the required application processing fee, in an amount in accordance with the schedule of fees set by the official and approved by city council resolution. The application processing fee is in addition to the special event permit fee and any applicable user fee and security deposit.

(5)

State of Florida Food and Beverage License: Permittees shall require their food and beverage vendors participating in the requested special event to be licensed by the State of Florida.

(6)

Special event permit fee; user fee and security deposit: Pay any applicable special event permit fee, user fee and security deposit, in the form of a cash deposit, bond or letter of credit acceptable to the city, in an amount in accordance with the schedule of fees set by the official and approved by city council. Any applicable special event permit fee, user fee and security deposit shall be paid at the time of issuance of the special event permit. The payment of a special event permit fee, user fee or security deposit is not exclusive of the other, depending on the event and facilities used each fee may be applicable. A security deposit shall be returned or released as follows upon conclusion of a permitted event subject to inspection of the premises and equipment used by the permittee.

No damage. If it is determined that there has been no damage to city right-of-way, park property or equipment beyond reasonable wear and tear, the security deposit shall be refunded in full within forty-five (45) days of the conclusion of the permitted event.

Damage. If it is determined by such inspection that the permitted event proximately caused damage to city right-of-way, or park property or equipment in excess of routine wear and tear, the official shall retain the security deposit or any portion thereof, necessary to pay for the cost of the repair.

Notice of assessment of damages. The official shall give written notice of the assessment of damages and retention of the security deposit to the permittee by personal delivery or by deposit in the United States mail, with proper postage prepaid to the name and address set forth in the application permit.

Damages in excess of security deposit. Any assessment of damages in excess of the security deposit shall be paid to the city within ten (10) days after notice of such assessment of damages is sent. Any party aggrieved by a decision of the official in enforcing this section may appeal said decision in accordance with the appeal procedures contained in this chapter. A permittee's failure to pay damage assessments may be grounds for denial of application for subsequent events.

User fee refund. An event cancelled prior to commencement of the event shall be entitled to a complete refund if notice of the cancellation is provided no less than thirty (30) days before the scheduled commencement date of the event. No refunds shall be issued for untimely notice, except if the event is cancelled due to declaration of a state of emergency, the issuance of a tropical storm or hurricane warning or warning of severe inclement weather by the county. An applicant seeking a refund shall be required to submit a timely event cancellation notice and refund request on the form provided by the city. Refunds checks will only be issued in the name of and delivered to the person/company whose name(s) appear(s) on the special event application.

Special event permit fee refund. An event cancelled prior to commencement of the event shall be entitled to a complete refund if notice of the cancellation is provided no less than thirty (30) days before the scheduled commencement date of the event. No refunds shall be issued for untimely notice, except if the event is cancelled due to declaration of a state of emergency, the issuance of a tropical storm or hurricane warning or warning of severe inclement weather by the county. An applicant seeking a refund shall be required to submit a timely event cancellation notice and refund request on the form provided by the city. Refund checks will only be issued in the name of and delivered to the person/company whose name(s) appear(s) on the special event application.

(7)

Essential event services: Each applicant, at the applicants sole cost and expense, shall provide security services, emergency services, transportation (traffic control), temporary restroom, solid waste services and procession safety services for the event in such manner as required below:

Security services: Each applicant shall arrange for security at the event in such manner as required in Exhibit I, the Security Services Personnel Staffing Matrix Guide at the end of this chapter and which is incorporated herein by this reference. For the purposes of this section, "security" shall consist of the number of off-duty (extra-duty) sworn law enforcement officers based upon projected attendees and participants. Each petitioner shall first satisfy this requirement by arranging for security with Tampa Police Department off-duty (extra-duty) personnel. If Tampa Police Department Personnel are not available, then the petitioner may satisfy this requirement by arranging for security with off-duty (extra-duty) personnel from such law enforcement agencies having concurrent jurisdiction or having a mutual aid agreement with the city.

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 participation by spectators is expected. These would include, but not be limited to, foot races, mosh pits and other events that present highly increased 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 participation by spectators is expected. These would include, but not be limited to, mime acting presentations, Broadway shows, symphonic performances, and outdoor Shakespearian festivals.

In the event it is necessary for security services personnel to regulate or control outdoor vehicular or pedestrian traffic at a special event, the applicant shall, in addition to the security services personnel in the matrix above, be responsible for the cost of providing no less than one (1), and no more than three (3), additional security services personnel for each intersection.

EMS: Each applicant shall arrange for emergency services at the event in such manner as required in Exhibit II, the Emergency Services Personnel Matrix at the end of this chapter and which is incorporated herein by this reference. For the purposes of this section, "emergency services" shall consist of the following number of off-duty (extra-duty) fire rescue and emergency services officers, including appropriate emergency vehicle(s) and shall be subject to the requirements set forth in section 11-3 of this Code.

Solid waste collection services: Each applicant shall arrange for solid waste collection services and receptacles in such manner as required by Exhibit III, the Solid Waste Receptacle Matrix at the end of this chapter and which is incorporated herein by this reference and submit a written description as part of the application to be titled the "Solid Waste Collection Services Plan" describing what special arrangements, if any, have been made for solid waste collection before, during and after the proposed event. The official, in the interest of sanitation and public safety, shall approve or reject the plan and provide the basis therefor. In review of the plan, the official shall consider the number of spectators and participants as well as the size, location, duration and nature of the event. In the event the plan is rejected, the applicant shall be required to modify the plan as required by the official. The applicant shall be responsible for paying all costs associated with implementing the approved plan for the permitted special event.

Temporary restroom facilities: Each applicant shall arrange for adequate temporary restroom facilities at the event in such manner as required by state and federal rules, regulations or laws and submit a written description as part of the application to be titled the "Temporary Restroom Facilities Plan" which shall include the location of temporary restroom facilities, the distribution of male and female restroom facilities, and, if applicable, the total number of temporary restroom facilities proposed if said facilities will exceed the minimum requirements. The official shall approve or reject the plan and provide the basis therefor. In review of the plan, the official shall consider the number of spectators and participants as well as the size, location, duration and nature of the event. In the event the plan is rejected, the applicant shall be required to modify the plan as required by the official. The applicant shall be responsible for paying all costs associated with implementing the approved plan for the permitted special event.

Parking and traffic control plan: Each applicant shall arrange for adequate parking and traffic control at the event and submit a written description as part of the application to be titled the "Parking and Traffic Control Plan" describing what special arrangements, if any, have been made for parking and traffic control for the proposed event. Said plan shall include, but not be limited to, identifying the method and location of any barricade, fence, enclosure or traffic control support device used to regulate the safe and orderly movement of traffic on the surrounding road network; and, identifying ingress and egress route(s) for pedestrian and emergency vehicle access. The official shall determine the extent to which the proposed parking and traffic control plan meets the needs of the event and provides for parking and the orderly ingress and egress of traffic to and from the event area, which shall include the review and adequate use of primary and secondary available road networks. This determination shall be based upon the number of spectators and participants as well as the size, location, duration and nature of the event. If the official deems modifications to the parking and traffic control plan for the special event are necessary, the applicant for the special event permit shall be so informed and the "Parking and Traffic Control Plan" shall be modified as directed by the official. The applicant shall have the duty to provide such adequate parking and traffic control plans and equipment as are deemed necessary pursuant to the approved parking and traffic control plan at the sole expense of the applicant.

Procession safety monitors: In the event the special event requested by the applicant involves a procession that includes the use of any motorized vehicle or vehicles that are longer than twenty (20) feet in length, each applicant shall provide four (4) safety monitors stationed at the corners of any vehicle used in the procession at all times while the vehicle or vehicles are moving. Each safety monitor shall be equipped with an orange safety vest and a loud whistle. The role of the safety monitor is to make sure the driver is aware of any emergency requiring him/her to stop immediately. Said emergencies include, but are not limited to, equipment malfunctions, passengers falling from the vehicle, overhead obstructions endangering riders, parade viewers coming too close to the vehicle and parade participants coming too close to the vehicle's wheels. Safety monitors shall not consume any alcoholic beverages or hand out any items during the special event to any spectators along the parade route. Said items include but are not limited to beads, candy, fliers, and merchandise. Any vehicle fitting the description above that does not have the requisite number of safety monitors may be pulled out of a procession line until the safety monitor requirement can be met.

(8)

Road festival. In addition to the criteria above, a road festival applicant shall meet the following criteria:

That applicant shall identify the amount(s) of the proposed admission fee. The admission fee shall be reasonably related to the costs to be borne by the permittee in conducting and promoting the road festival, and that any admission fees realized by any sponsors or participants in connection with the road festival are utilized to offset the costs associated with conducting and promoting the road festival. Upon request by the official, a road festival applicant shall provide evidence of the relation between the admission fee and costs of the event including, without limitation, the projected costs that the applicant will bear and the projected revenue to be derived from the road festival.

That the permittee will make accommodations in advance to ensure either free access and/or access at a reduced admission fee to the road festival to those who cannot reasonably afford the proposed admission fee as set forth herein. At least one (1) placard no less than ten (10) × ten (10) inches in size shall be on display at one (1) entrance point to the event, which shall include the name and address of the permittee and the following statement: "City of Tampa Code of Ordinances Chapter 28 provides that any person evidencing income below the 2000 U.S. Census Bureau recognized poverty level for the Tampa Bay area may request free or reduced admission to the event from the Event Sponsor in advance of the event."

That any applicant obtaining a road festival permit shall be responsible for all costs for services, including those services that may be provided by the city in support of any road festival. These costs shall include, but not be limited to, the following:

All signs, fences, barricades, enclosures and related traffic control support, manpower, equipment and materials;

All police services, emergency medical services, private security services, equipment and material;

All sanitation services, equipment and material;

All street sweeping and cleaning services, equipment and material;

Administrative costs for planning meetings. All costs will be determined by the department responsible for the provision of the appropriate service. The costs will be assembled by the official and shall be paid by the person requesting the special event permit at the request of the city;

A fee shall be paid by the person applying for the road festival permit at the time determined by the city council.

That prior to, and as a condition to issuance of a road festival permit, the permittee shall provide the city a security deposit, bond, unconditional letter of credit or such other security as may be deemed acceptable by the official that is equal to the estimated cost of the road festival and which secures the permittee's compliance with all terms and conditions of the special event permit, including, without limitation, payment of all costs associated with the road festival.

(Ord. No. 2009-126, § 1, 8-20-09)