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Attachment 3MEMORANDUM TO: KIWANIS CLUB - ROTARY MORNING CLUB FROM: RUSTY RINEHART—GINGER TAYLOR MCDONALD RE: REVIEW OF AMENDED CHAPTER 14 ARTICLE X - SPECIAL EVENTS DATED: DECEMBER 4, 2017 — DECEMBER 5, 2017 I have reviewed Chapter 14, Article X — Special Events that has been amended and is pending before the Town Council, and I have the following comments: Rotary (morning) comments in red In establishing a comparison with previous CODE dated 9.10.15 we find section numbers are changed and/or re -assigned. Reference to Ord. No. and date is omitted throughout. Statements of importance deleted Community Events do benefit the Town and the community, therefore, the first "WHEREAS" should be amended to delete "that may" and add a "s' to results. 1. Under Purpose and Intent, it is noteworthy that the town wants the "least restrictive" and the "most reasonable manner of regulation" for special events. This language should be keyed off of in any discussions regarding amendments to this Article X. extend possible , ?. Under (c) in the Definitions, there is a definition of conditional approval. However, there is no conditional approval section with appropriate specifics and timelines in Section 14.100.030. A conditionally approved section should be added to that section. Conditional Approval (detail) noted in 9.10.15 Sec. 14.100.035 3 Section (f)(2) needs to be deleted as being conclusory and unnecessary. Under Definitions, (g) should be amended to put a period after "event" and delete the remainder of that sentence. It is grammatically confusing. 4. Section 14.100.020, which is entitled "Permit" should be changed to read "Special Event Permit Requirements." In subsection (a), delete the word "required." In subsection (I), change that to (b) as it is a major category, then change (2) to (e). In (b), change to (d) and delete the word "exceptions." a. Purpose for deleting: Special event which... will involve less than 100 persons... 5. In Section 14.100.020, subsection (c) entitled "Application Fee," I suggest rewording that to read as follows: "Non-refundable administrative fee set by Council Resolution shall be charged for each application, except that in the discretion of the Town Manager, any fee for a permit for an event may be waived upon a showing to the satisfaction of the Town Manager that the fee is unduly burdensome to the sponsor and/or the applicant." b. Section 14.100.025 Time for filing - ...no later than ninety (90) calendar days and no sooner than one (1) year before a special event. Need to determine how agencies such as ABC and Fire Dept. 30-day approval/permit process will comply with Town's 90-day advance rule. 7. In Section 14.100.030, I previously made reference to the need for a "Conditional Approval" section, wherein the Town Manager would set forth various criteria necessary for the sponsor or the applicant to comply with specific deadlines. b) Time for Action Is the within 45-day Town Manager approval manageable? - Add: (d) Written statement on the grounds for conditional approval or denial and right of appeal. The Town Manager shall inform the applicant in writing of the grounds for denial or the conditions of approval and the right for appeal. The Town Manager shall also inform the applicant of any information about the event which was not contained in the application of which the decision was based. 8. In Section 14.100.035 entitled "Denial," subsection (12) change the word "if' to "of" in that section. In that same section (13), change the last sentence of (13) to read as follows: "A new application may be submitted to reflect the deviation and how the provisions of this Chapter 14, Section 100 will be met." 97 In Section 14.100.040 entitled "Fees," in the first sentence delete "shall be" and put in "and." In subsection (a), I suggest changing the last sentence of (a) to read as follows, "The Town reserves the right to fully invoice the town sponsor after the event for any and all town resources in excess of the estimated fees." Request the list of the fees be included, i.e. I) Salary for Police and other town personnel who facilitate or monitor the event. 2) Costs for use of Town equipment 3) Cleanup fees. Subsection (b) is unnecessary and conclusory. I suggest using (b) to provide for a right to appeal by the event sponsor of any and all fees charged for the event, which appeal process is set forward in Section 14.100.055. You could either use (b) in the fee section to provide for an appeal, or delete (b) entirely and provide for an appeal process for fees assessed under Section 14.100.055 entitled "Appeal Process." and any other event sponsored by 1_d te will generates bs+ ti, l bl' b f i l ll 1 e exempt from payment of fees imposed by this section. 10. Under Section 14.100.045, subsection (a)(2) change the section reference to 14.100.035. 11. Under Section 14.100.060 entitled "Hosting of Special Event Permit," I suggest putting a period after the word "staff" in line three of that section. After inserting a period after "staff," I suggest the following sentence, "If it is determined that the event is in violation of the Special Event Permit Conditions, the permit may be revoked or if an emergency requires termination of this special event to protect public safety." 12. In Section 14.100.065, subsection (g), there is a reference to Section 14.100.070. That section has been deleted. I suggest changing the reference to Section 14.100.050, which is the Revocation section. 13. Sec. 14. 9.10.15 Code Reference. Mi-ss-ing-or-deleted: Sec. 14.100.010 Purpose and intent I Sec. 14.100.015 Definitions I Sec. 14.100.020 Permit I Sec. 14.100.025 Application for special events permit I Sec. 14.100.030 Action on application I Scc. 14.100.035 Conditional approval I Sec. 14.100.040 Change to 035 Denial I Sec. 14.100.045 Change to 040 Fees for Town related services I Sec 4.100.050-12effit-i-t-is-; ee I Sec. 14.100.055 Inklenw-i-fi-eatien-agreement-I Sec. 14.100.060 insurance l Sec. 14.100.065 Change to 045 Revocation of permit before special event I Sec. 14.100.070 Change to 050 Revocation of permit during special event I Sec. 14.100.075 Change to 055 Appeal process I Sec. 14.100.080 Change to 060 Posting of special event permit I Sec. 14.100.085 Change to 065 Violations Section V Change the Ordinance effective date from January 1, 2018 to February 1, 2018. Following Service Clubs review and appraisal for consideration and/or adoption and Council and Public posting.