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3956 . T.E ciTY OF SA. FORD, FLORIDA, PROVIDING I;Ut~ _~..n.~,.,.e. PROVIDING FOR SPECIAL p_._v.m~-~:,~,~ o~RMITS; AMENDIN~ ISSUANCE OF SPECIAL ,'v~,-- -- · TIlE CODE OF ORDINANCES OF SECTION 18-$8 OF . DING FOR CONFLICTS; SANFORD, PROVI lNG FOR THE CITY OP TY' PROVID ,RO ,O,.o CODIFICATION ANIJ DATE. BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. S._HORT TITLE/INTENT- (a). This Ordinance shall be known and may be cited as the City of Sanford Special Events Ordinance. · to reasonably regulate the number and (b). It is the intent of this Ordinance .... -, ~.-.~ o,~ tess the costs to the scope of special events occurring in the City ot :sanzoru ~,,~ ~,.d public resulting from such events. VENTS DEFINED- Section 18-38 of the Code of RECTION 2. SPEClA. L .E...., ,-,,~,~,,~ is amended to read as follows: Ordinances of the City of Santorc~ (?[Y ~'-'~'"', '- Sec. 18-38. Special Events meeting, activity, parade or "Special events" means any pre-planned combination thereof, having a (a). a group of persons, animals, or vehicles or or gathering of common purpose on any public or private street, sidewalk, alley, park, lake, or public private place or building, which special event substantiallY inhibits the usual flow of pedestrian or vehicular travel or which occupies any public or private place or building so as to preempt normal use of space by the general public or which deviates from the established use of a Space or building. Special events are activities that are of a temporary, non-permanent or seasonal nature. Any activity that is not so determined, shall comply with all applicable City requirements including, but not limited to, the C'ty s land development regulations. All off-premise, temporary and seasonal sales shall be deemed special events.Ii enerally sponsor or participate in the following The City of Sanf?.rd sh.a .g _ ' es that funding ~s available. (b). ' .... "it,' c;omm~ss~o[~ determ~n annual event series ~ tu~ ,., y ' ' ' ' (1). The Martin Luther King, Jr. Day Celebration. (2). The Memorial Day Parade & Ceremony. (,3). The Fourth of July Celebration. -1- , , 's Day Parade & Ceremony. (4). The Veteran _- - -.~,-,hri, as in the Square. (5). The Christmas I~araae ainu ,., ..... tm (cl. All special events shall require a special event permit from the City unless, as to the ;gvents listed in Subsection (b), the City is the sponsor. (d). The issuance of special event permits shall be limited as follows: (1). Persons or entities actively engaged in a licensed business and maintaining a physical business location within the City may be issued permits for special events located on the premises of the business or entity or off- premises. Evidence of a permanent physical business location must be provided to the City at the time of application. Notwithstanding the foregoing, businesses which have a bona fide post office address for a City of Sanford assigned zip code may be granted special event permits if the event requiring such permit relates to an area at which the special event will occur located at a regional shopping mall that has been approved as a development of regional impact. · · . ternal educational, governmental, civic, (2). Bona fide cha?ta.b, le, fr~,,. ~-~,,-es or houses of worship located cultural and religious organizations W|[llM,,,~ the premtses within the City may be issued permits for special events located on of the organization or off-premises. Evidence of a permanent physical office or location must be provided to the City at the time of application. (3). No special events permit will be issued for temporary sale, promotion, display or show of any merchandise, including, but not limited to automobiles, boats, recreational vehicles, furniture or flowers or seasonal sales to business or person with a permanent business address which is not located within the City. The provisions of this section shall not be construed to deter or interfere with any business or entity from engaging in commerce within the City or from obtaining special event permits once so located. (4). In order for a business or organization to be granted a special events permit at an off premises location, it must prove to the City with an appropriate binding document executed by the owner of the off premise real property that the permit application has authority to use the subject real property for the entire duration of the special event permit. icants for a special event permit shall file a written application for a in permit with t rector of parks and recreation for rewew no less than sixty (60) days advance of the planned event on application forms provided by the City. Applicants must submit a list of all subcontractors, vendors, food, and beverage dispenser that will be associated with the event to the City of Sanford licensing official. Insurance is required, with the City of Sanford named as co-insured as approved by the City's risk management office, for all special events and rentals of City facilities in accordance with the requirements of the City's risk management officer. -2- (f). City Commission approval shall be required for all special events permits involving the outdoor consumption of alcoholic beverages, street closures affecting arterial or collector roadways, carnivals and circuses, parades, pyrotechnic displays, bonfires or ceremonial type fires~ (g). Policies and procedures regarding special events permits shall be filed in the office of parks and recreation· (h). The applicant for a special event permit for off-premises sales, including all seasonal sales (such as Christmas tree sales, firework sales, pumpkin sales, etc.) shall be either a charitable, fraternal, educational, governmental, cultural, civic or religious organization with its physical location within the City or shall be for the promotion and sales of merchandise offered by the licensed business that operates and maintains a physical business location within the City· · nt ermit for an off-premises carnival, fair, (i) The applicant for a special eve P ,.__A, ,~, ws or amusements shall circus, parade and sim lar types of temporary recreauuf~,~, o, ,o be a bona fide charitable, fraternal, educational, governmental, cultural, civic or religious organization that operates and maintains a permanent location for its activities within the City. (j). No carnival or circus may operate within three hundred feet (300') of a residential zoning district or an existing residence. _ . ' es locations are subject to approval by the City with due (k). A. II .off p.re~s,A ,~,,, comnatibility of the activity or event, the intensity of the consideration being given [u ,,,~~ generally accepted land use event and other matters consistent with sound and practices and principles. s of or failure to, comply with the requirements of this Section (I). Violation · ·. · ..... ,,er available to the City. shall be punishable as prowae(] n any ,,,,=,,,, Ik sales and sales of a similar nature do not On remises outdo.? sl,dewa usuall sold within a store or require(ma) speclalPevent permit it only goods that are Y structure located on the premises are sold outside and the outdoor sales occur no more than four (4) times per year for not more than three consecutive (3) days per sale. All other permits, including but not limited to, tents permits and temporary electrical permits, may be required by the building department. A special events permit is required for such outdoor sales in excess of the four (4) permitted on-premise sidewalk sales per year. (n). The requirements of this Section shall not apply to motion photography production endeavors if a permit has been issued by the City. -3- (o). A non-refundable fifty-dollar ($50.00) fee, or such other fee prescribed by resolution adopted by the City Commission, shall be paid at the time the special events application is submitted. (p). A refundable cleanup fee of one-hundred dollars ($100.00), or such other fee prescribed by resolution adopted by the City Commission, shall be paid if the application is approved and the approval shall not be final until such fee is paid. (q). All special event applications will be reviewed by the special events review committee appointed by the City Manager. The applicant may be asked to meet with the committee. (r). The applicant shall pay all estimated fees for City services and licenses. Estimated fees for services will be submitted by each City department based on information provided by the applicant. Estimated fees shall be reviewed by the special events review committee and its recommendation shall be the fee required to be paid by the applicant. (s). Following review and approval by the special events review committee and the City Commission (should the event include outdoor consumption of alcoholic beverages, street closures affecting arterial or collector roadways, carnivals and circuses, parades, pyrotechnic displays, bonfires or ceremonial type rites) all estimated fees shall be paid by the applicant no later than ten (10) days prior to the event date or the approval shall be deemed rescinded. (t). All additional fees incurred dudng the event shall be paid in full by the applicant no later than twenty-one (21) days after the event. (u). No waiver of fees will be approved. (v). An inter-governmental partnership between the City and Seminole County School District is recognized for approved special events. A letter from a school's principal will be required for consideration of City services. The cost of approved City services shall not exceed one-thousand dollars ($1,000.00) for each such school- related event. (w). Applicants may apply for refunds, but must provide clear and convincing evidence of overpayment in order to receive a refund. -4- SECTION 3. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed SECTION 4. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 5. CODIFICATION. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be renumbered or re-entered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word; provided, however, that Sections 3, 4, 5 and 6 shall not be codified. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED thiS:~'(~ay of September, 2005. ATTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, _Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No.c~y'~c-~,~ PASSED AND ADOPTED by the C ty Commission of the City of Sanford, Florida, on the~c~ ~ay of September, 2005~.w"~s posted at the front door of the City Hall in the City of Sanford, Florida, on the:~'~*~day of September, 2005. J~NET R. DOUGHER'r~ As the City Clerk of the City of Sanford, Florida -5-