10.3. SR 01-22-2013ACTION REQUESTED
1. Council discussion regarding service levels and fees /deposits for special events.
2. Direction to staff on how the Council would like to proceed with special events.
ACKGROUN®/ ISCUSSION
On March 2, 2009, the City Council adopted the special event ordinance on a 3 -2 vote. Attached is
background information from the discussion.
With the ordinance in place, staff felt it was appropriate to bring it back for an update and to discuss the
impact on staff time, additional costs, compliance and the challenges educating permit- holders of their
requirements.
The Council should discuss and evaluate the following:
1. Level of service
The Council approves varying conditions on a permit depending on the type of event being held.
In order to minimize applicant costs and minimize staff time for a special event, most of the
conditions approved in a permit have been the responsibility of the applicant. There currently is
not an enforcement mechanism in place to make sure the conditions of a permit are met. There
have been numerous issues with applicants not following through on the conditions of their
permit.
Some standard conditions include:
• Notification to surrounding property owners of an event
• Resttoom facilities
• Tent inspections
• Traffic management
• Road Closures
• Signage
• No tent stakes in pavement
• Liability insurance requirements
• Garbage cleanup
INATURE
Y Ii 8P
N: \PuUGc Bodies \City Council \Council RCA \Agenda Packet \01 -22- 2013 \Fcc Discussion 2013 3.docx
Should staff be dedicated to enforcement? Staff would ensure the permit conditions. Enforcement would
include signage, road closure requirements, portable restrooms are in place, etc.
Should the ordinance be paired down? Staff discussed whether there is a need to require special event
permitting on private property. Concerns include public safety issues, such as traffic /parking
depending on the number of people at a private event, tent inspections, and liability. There was
also a question whether the city is open to liability exposure from inspecting events on private
property.
2. Fee structure and /or deposit system
Determining proper fee charges are difficult to determine because time spent on different events
can vary and we have treated different applicants differently (see Special Events by Year
attachment).
3. Questions to consider
a) Who should be charged fees?
b) Should non -profit organizations be charged any type of fee?
c) Should the fee vary depending on the type of event being held?
d) Should Taste of Elk River be charged differently than ArtSoup or the Independence Day
event?
e) Should staff time be dedicated to enforcement?
f) Should the ordinance be paired down?
g) Does the Council have other questions they would like addressed?
FINANCIAL. IMPACT
The staff time for varying events is outlined in the Special Events by Year attachment. Deposits are not
currently set up or structured in a way to recapture all staff time costs and the city would not truly be able
to recoup all these costs due to the varying type of events.
• March 2, 2009, Staff Report
• March 2, 2009, Minutes
• Special Events by Year (highlights staff time spent on each event)
• Special Event Ordinance
N: \Public Bodies \City Council \Council RCA \Agenda Packet \01 -22- 2013 \Pee Discussion 2013 3.docx
Action Reauested
Two Council Motions
1. Motion to adopt the attached Special Events ordinance
2. Motion to adopt resolution for summary publication of the ordinance
ackizroundl iscussion
Direction is needed for staff and residents regarding the processing of special events held in the city.
Some examples of events include: ArtSoup, parades, downtown business requests for street closures, and
block parties.
Staff would like to consider an ordinance for some of the following reasons:
1. Clear direction on who the applicant should contact within the city and the type of information
that should be provided to understand the needs of their event.
2. Direction on which staff should be involved with making recommendations on applications.
3. Understanding of the fees to charge in order to cover expenses incurred by the city.
4. Notification to property owners for events that need street closures so there is awareness of
access issues.
5. When and what type of liability coverage is needed.
6. Improve communication to Council regarding details of an event.
7. Address public safety concerns.
_ Financial ni act
Staff would like to add a tiered application fee to the fee schedule ordinance if the special event ordinance
is approved, This would come back to Council as a public hearing item at a future meeting. Suggested
fees are:
S: \Administration \Council RCA\ Licensing \Special Bvent \Ordinance Adopdon.doc
m $25 application fee for events not requiring any additional city services
® $50 application fee for events requiring additional city services along with a deposit to cover those
additional services.
The application fees would be related to processing the application by administrative staff with making
sure the application is complete, insurance requirements are met, coordination of staff approvals, and
preparation for Council review. The deposit would cover expenses related to police, fire, waste, and traffic
management services.
There hasn't been a consistent mechanism in place to address whether city costs are being covered.
Section 38 -518 (page 5) specifies that the Finance Department provides the needed support in this area.
ttachMerits
• Special .Event Ordinance
• Resolution for summary publication of the special event ordinance.
Motion by Second by Vote
S:\Administrauon \Council RCA \Licensing \Special Event \Ordinance AdopNon.doc
City Council Minutes
Match 2, 2009
3.3.A. Resolution A
3.3.B.
4.
4.1.
Ms.Johnson
Recovery Te,
equipment.
the staff report highlighting contributions made by Resource
LLC to the city for the purchase of CompuKid child identifica
Page 2
MOVED BY COUNCIL EMBER MOTIN AND SECONDED BY
COUNCILMEMBER ZE WAS TO ADOPT RESOLUTION 09 -09
ACKNOWLEDGING CON RIBUTIONS TO THE CITY OF ELK RIV R.
MOTION CARRIED 5 -0.
es lotion vcrled ' Contribu ' ns to the i o£ Elk River
Ms. Johnson presented the staff report 'ghli ghting contributions made y The Bank of Elk
River to the city for the Riverfront Conce t Series.
MOVED BY COUNCILMEMBER ZE AS .AND SECON D BY
COUNCILMEMBER WESTGAARD TO OPT RESOL ION 09 -10
ACKNOWLEDGING CONTRIBUTIONS O THE CIT OF ELK RIVER,
MOTION CARRIED 5 -0.
en e
No one appeared for Open Mike,
Kathy Heaney, Sexburrae Count orney
Ms. Heaney reviewed adult felony charges for c Imes in Sher ' me County. It was noted that
the statistics listed in the staff report for ElkAver may seem to because the city prosecutes
some ofits own crimes. She also highlight Q civil awards recent! received by her
department.
The Council noted they would
in order to be able to compare
5. AnnualUpdates Admini at
Annual updates were,p'rovided
see some statistics from the ci
to the other jurisdictions in the
by each department.
6.1. Review St�ecial Fvents Or i ance
Ms. Allard presented the staff report.
prosecuting attorney
gnty.
Mayor Klinzing and Councilmember Morin stated they understood the need for the
ordinance but felt it was overly broad and had concerns with staff applying some of the
conditions on smaller events held in the city. They had a concern with staff interpretation of
the ordinance in the future and that the application process may be burdensome.
The Council concurred that there shouldn't be any application fees but agreed on deposit
fees in order to cover items such as police, fire, and waste management services.
L]
City Council Minutes
March 2, 2009
Page 3
Councilmembers Zerwas and Westgaard stated they understood the need for this ordinance
from a safety perspective. They felt it would be more efficient to have one person as the
main point of contact within the city that could coordinate the processing of the event
request with other staff in order to prevent any oversights.
Ms. Johnson noted the intent of the ordinance is to make it easier for organizations and
individuals to coordinate events by having a single contact at the city and to provide more
notice to the city and when applicable, residents affected by the event. She stated the goal is
coordination in order to inform all necessary departments of an event and to capture any
out -of- pocket costs.
Mr. Beck stated the ordnance is set up broadly in order to allow for a maximum amount of
flexibility in applying the ordinance to the many different types of events. 14e stated the
Council would have the ultimate authority in removing or changing any conditions attached
to an event.
MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY
COUNCILMEMBER ZERWAS TO ADOPT ORDINANCE 09 -01 AMENDING
ARTICLE XI OF THE ELK RIVER CITY CODE TO ADD NEW SECTION 38.
510 TO 38 -522 DEFINING AND REGULATING SPECIAL. EVENTS AND THAT
NO APPLICATION FEES BE CHARGED, MOTION CARRIED 3 -2. Mayor
Klinzing and Councilmember Motin opposed.
Ms. Johnson presented the `,taf£ report.
Mr. Beck reviewed the
Councilmember Gumphrey noted th' e have been
problems in homes and felt a policy wneeded in
Utilities to shut off water. \\ /
Utilities Commissioner Dietz stated
wasted due to foreclosure issues.
Councilmember Motin expressed co cern with
prohibitive to force people to instZ stop valves.
with foreclosures causing water
to allow Elk River Municipal
20 million gallons of water has been
78 -23 and whether it would be cost
Water Superintendent Dave Bdlrg explained the shut- f process and noted that most
properties have them already./
MOVED BY COUN MEMBER MOTIN AND S CONDED BY
COUNCILMEMBE WESTGAARD TO ADOPT 0 INANCE 09 -02
.: '.
ME
2
PUBLIC PROPERTY
ESTIMATED STAFF
TIMIE
Admin — 4 hrs
TIME
Police- 10 hrs
(fundraiser)
Central Lutheran (5K)
Admin —1 hr
Eagles Club
Admin — 1.5 hrs
Admin —1 hr
Police -4 his
Police -2 hrs
concert /fundraiser
Police -1 hr
Homecoming Parade
Admin —1.5 hrs
Zylstra Harley Davidson
Admin —1 hr
Homecoming Parade
Police -100 hrs
Zylstra Harley Davidson
Adinin —1.5 hrs
I Police -2 hrs
PUBLIC PROPERTY
ESTIMATED STAFF
TIMIE
ArtSoup
Admin — 4 hrs
Buffalo Wild Wings
Police- 10 hrs
(fundraiser)
Streets -- 2 hrs
E C F E (5K)
Engineering — 2 hrs
Church of Saint Andrew
Admin —1 hr
Police -2 hrs
ERHS National Honor
Engineering - .5 hr
Society (5K)
Admin —1 hr
Police- 2 hrs
Homecoming Parade
Engineering — 5 hrs
Zylstra Harley Davidson
Adinin —1.5 hrs
Police -100 hrs
Streets — 2 hrs
Rotary (Taste of ER —
Engineering — 2 hrs
downtown)
Admin —1 hr
Police- 4hrs
Sall,, Middle School (5K)
Engineering - .5 hr
Admin —1 hr
Police- 4 hrs
Sherburne County Fair
Engineering — 2 hrs
Parade
Admin — 2 hrs
Police -150 hrs
Streets — 3 hrs
American Legion
Engineering -.5 hr
Admin — 2.5 hrs
Police- 8 hrs*
Buffalo Wild Wings
Engineering - .5 hr
(fundraiser)
Adznin — 2 hrs
Police -1 hr
Church of Saint Andrew
Engineering - .5 hr
Adinin —1 hr
Police- 1hr
Eagles
Engineering -.5 hr
Admin —1 hr
Police -1hr
Zylstra Harley Davidson
Engineering -.5 hr
Admin —1 hr
Police- 2 hrs
PUBLIC PROPERTY
sl'!MATED STAFF
TIME
ArtSoup
Engineering — 8 hrs
Sherburne County Fair
Admin — 4 hrs
Parade
Police- 10 hrs
Econ Dev — 2 hrs
Church of Saint Andrew
Streets — 1 hr
ECFE (5K)
Engineering - .5 hr
Admire —1 hr
Eagles
Police- 2 hrs
Homecoming Parade
Engineering — 2 hrs
Admin —1.5 hrs
Wal -Mart (parking lot)
Police- 100 hrs
Streets — 2 hrs
Independence Day
Engineering .5 hr
Committee (all in park
Admin —1.5 hrs
except fireworks)
Police- 140 hrs
Sallc Middle School (5K)
Engineering .5 hr
Admin —1 hr
Police- 4 hrs
Sherburne County Fair
Engineering 1 hr
Parade
Admin — 2 hrs
Police- 140 hrs
Church of Saint Andrew
Streets — 3 hrs
American Legion
Engineering 5 hr
Admin — 2 hrs
Police -1 hrs
Broadway Bar and Pizza (car
Engineering — 2 hrs
show)
Admin — 2 hrs
Police- 1 hr
Church of Saint Andrew
Engineering - .5 hr
Admin —1 hr
Police- 1 hr
Eagles
Engineering - .5 hr
Admin —1 hr
Police- 1 hr
Wal -Mart (parking lot)
Engineering - .5 hr
Admire — 2 hrs
Police- 1 hr.
Zylstra Harley Davidson
Engineering - .5 hr
Admin —1 hr
Police- 2 hrs
PUBLIC PROPERTY ESTIMATED STAFF
TIME
ArtSoup Engineering —12 hrs
Admin — 5 hrs
Police -10 hrs
Econ Dev — 4 hrs
Streets —1 hr
Homecoming Parade
Engineering —1 hr
Admin —1 hr
Police -100 hrs
Eagles
Streets — 2 hrs
Independence Day
Engineering - .5 hr
Committee (all in park
Admin —1 hr
except fireworks )
Police- 140 hrs
McCoys (5K)
Engineering — 2 hrs
Admin —1 hr
Zylstra Harley Davidson
Police- 5 hrs
Salk Middle School (5K)
Engineering .5 hr
Admin —1 hr
Police- 4 hrs
Sherburne County Fair
Engineering .5 hr
Parade
Admin — 2 hrs
Police -150 hrs
Streets — 3 hrs
Youth Volleyball (5K)
Engineering .5 hr
Adinin —1 hr
Police- 2 hrs
YMCA (5K)
Engineering 1 hr
Admire —1 hr
Police -5 hrs
Hudson /Walters
Admin — 5.5 hrs
Wedding (Rivers Edge
Police- 10 hrs*
Park and adjacent city
Engineering — 5
.-parking lot )
hrs **
United Way United We
Admin —1 hr
Dance Event (city
Police- 8 hrs*
parking lot)
Engineering - .5 hr
Streets — 2 hrs
Broadway Bar and Pizza (car
show)
Church of Saint Andrew
Engineering -.5 hr
Admin —1 hr
Police- 1 hr
Engineering - .5 hr
Admin —1 hr
Police- 1 hr
Cornerstone Auto Resource
Engineering - .5 hr
Admin —1 hr
Police- 1 hr
Eagles
Engineering -.5 hr
Admin —1.5 hrs
Police- 1 hr
Ella River Golf Club
Engineering -.5 hr
Admin —1.5 hrs
Police- 14 hrs*
Zylstra Harley Davidson
Engineering -.5 hr
Admin —1 hr
Police -2 hrs
NOTES:
Engineering: All of the tunes listed above, reflect Justin's approximation of hours spent on review and approval of
the permit applications. If inspections of all the conditions is required on all permits, the tunes will be increased.
Most of the 5 hours spent on the Hudson /Walters wedding was spent following -up on the fact that they did not
abide by our conditions. If they would have, it would probably only have been an hour or less of tune.
Police: Police hours include permit application review, route /site visit, planning meetings, prep and total hours for
all assigned staff. Hours marked with * indicate all or some staff costs reimbursed by event host.
Streets: They help with a lot of neighborhood gatherings (Night to Unite, block parties). On average, the Street
Dept spends a minimum of 2 hours for each event delivering and picking up barricades.
MAI
SPECIAL EVENTS
The City Council of the City of Ells River does hereby ordain as follows;
Section 1. That Article XI of the City of Elk River Code of Ordinances is hereby amended to add new Section 38
thereto, to read as follows:
38 -510 Purpose and Findings
The purpose of this chapter is to protect the health, safety and welfare of the citizens of this city by regulating the thne,
place and manner of Special Events as defined herein, and by establishing permit requirements and other regulations
for conducting special events. The City Council finds that special events often exceed the city's capacity to provide
usual city services. These city services include, but are not limited to, sanitary facilities, fire, police and utility services.
The City Council also finds this ordinance necessary to ensure that such events are conducted with sufficient
consideration given to public safety issues including, among other things, the impact of these events on parking and
traffic management within the city.
38 -511 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
Person: A natural person, association, organization, club or group formed for a common purpose, a partnership of any
kind, limited liability company, corporation or any other legal entity.
Special Event; An outdoor gathering, whether on public or private property, open to the public where at least 50
individuals are expected to, or do, assemble with a common purpose for a period of one hour or longer. Special Events
include, but are not limited to, concerts, faits, carnivals, circuses, parades, flea markets, marathons, walkathons,
festivals, races, bicycle events, celebrations, or any other gathering or events of similar nature. Special Events do not
include private, noncommercial events such as graduation parties or social parties.
38 -512 Permit Required
No person shall hold, conduct, or participate in a Special Event within the city unless a permit has been issued for such
Special Event upon timely application as required by this ordinance.
38 -513 Application
Application must be made at least 60 days in advance of the proposed date of the Special Event. This application
period shall not begun to run until a complete application has been Bled with the city. The application for the required
permit shall be made to the city clerk by filing the permit fee, any deposit required to cover estitnated costs to be
incurred by the City for the Special Event, and by completing an application form provided by the city clerk. In
addition to such additional information as the city clerk may require, the application shall include:
a) Type and description of the Special Event and a list of all activities to take place at the Special Event
b) Name of the sponsoring entity, contact person, address, and phone number.
c) Proposed date(s) of the Special Event, together with the beginning and ending times for each date.
d) Proposed location of the Special Event, including a map of the proposed area to be used which shows
any barricades, street route plans or perimeter /security fencing.
e) Estimated number of Special Event staff, participants, and spectators.
Any public health plans, including supplying water to the site, solid waste collection and provision of
toilet facilities.
g) Any cite prevention and emergency medical service plans.
h) Any security plans.
i) The admission fee, donation or other consideration to be charged or requested for admission to the
Special Event, if any.
j) Whether food or alcohol is to be sewed or sold at the Special Event.
k) Signature of the applicant.
1) If the Special Event will be in a residential area and one or more streets are proposed to be closed, the
applicant must collect and submit with the application signatures of or on behalf of the owners or
occupants of all properties whose vehicular access to their properties will be blocked, consenting to the
street closure.
38 -514 Issuance of Permit, Conditions
Except as provided in Section 38 -515, Special Event permits will be issued upon City Council approval. Reasonable
conditions may be attached to the permit as are deemed necessary to protect the health, safety and public welfare,
provided that such conditions shall not restrict the right of free speech. Such conditions may include, but are not
lunited to;
(a) Alteration of the date(s), time(s), route, or location of the proposed Special Event.
(b) Elimination of an activity at the Special Event which threatens the public safety and welfare, or which
causes undue liability to the City.
(c) Requirements for the use of garbage containers and the cleanup and restoration of any public property.
(d) Requirements for appropriate sanitation facilities and the availability of potable water.
(e) Requirements for appropriate traffic control measures including barricades, fencing, traffic cones, etc.
(0 Requirements for appropriate security and crowd management.
(g) Requirements concerning the accommodation of pedestrian or vehicular traffic, including restricting
the event to only a portion of a street or right -of -way.
(h) Provision of adequate emergency and medical services.
(i) Compliance with all requirements of the most currently adopted State Fire Code, including an onsite
fire inspection if required by the State Fire Code.
(j) Anyone operating amusement rides must comply with the requirements of MN Statute 184B regarding
carnivals.
(lc) Carnivals are allowed 7 days to store and set up equipment prior to their Special Event and 7 days to
clean up the site after the conclusion of the special Event.
(1) Candy may be handed out at parades but is not allowed to be thrown from moving objects.
(m) Requirements concerning the area of assembly and disbanding of a parade or other events occurring
along a route.
(n) Removal of advertising /promotional materials.
(o) Requirements for appropriate lighting.
(p) Requirements for the use of City personnel and equipment.
(q) Compliance with animal protection ordinances and laws.
(r) Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws.
(s) Requirements to provide notice of the Special Event to surrounding property owners.
(t) Restrictions on the sale or consumption of alcohol and compliance with all applicable liquor license
laws.
(u) Applicant must secure all necessary permits from outside agencies such as Mn /DOT or Sherburne
County for road closures.
38515 Exceptions
(a) The requirement for a Special Event Permit does not apply to the following:
I. Special events sponsored and managed by the city.
2. Special Events held on School District property.
3. Neighborhood block parties held in connection with National Night Out.
4. Neighborhood block parties where no streets are proposed to be closed.
5. Funerals and funeral processions.
6. Regularly established assembly events on the grounds of any school, playground, city, or
county park, place of worship, hotel conference center, stadium, athletic field, arena, auditorium or
similar place of assembly.
(b) Neighborhood block parties which are not excepted by (a) above shall require the issuance of a Special
Event Permit, subject to the following:
1. Permits for block parties where only one block is proposed to be closed may be issued by City staff
unless staff refers the application to the City Council.
2. No indemnification or insurance shall be required for neighborhood block parties,
unless staff or City Council determines that unique circumstances require that
indemnification or insurance should be required.
38 -516 Grounds for .Denial or Revocation
All permit applications under this division shall be made to the city cleric and referred to the chief of police and such
other municipal departments or offices as the city cleric deems necessary for verification and investigation of the facts
set forth in the application. The chief of police and other department heads or officers consulted shall submit their
reports and recommendations to the city clerk.
The staff and /or council shall have the discretion to consider, in granting, denying or revoking a permit, any reasonable
facts or circumstances relating to public health, safety and welfare including, but not limited to, the following;
(a) The location of the Special Event would cause undue hardship for adjacent businesses or residents.
(b) Special Event permit application has already been approved to hold another Special Event at the same
time requested by the applicant or so close in time as to cause undue traffic congestion, or to create a
situation where the City is unable to meet the needs to provide for law enforcement and other City
services for both Special Events.
(c) The Special Event is of a size or natute that requites the diversion of too many law enforcement
officers to properly police the event site and contiguous areas, and /or that allowing the Special Event
would unreasonably deny law enforcement protection to the remainder of the City and its residents.
(d) The time, route, hours, location or size of the Special Event could cause a threat to public safety,
interference with normal traffic flow, congestion, or inconvenience to the public.
(e) The location of the Special Event will interfere with a construction or maintenance work scheduled to
take place upon or along public property or right -of -way.
(� Failure to provide a completed application, any fees, or providing false or misleading information.
(g) The applicant fails to comply with the liability insurance requirements or the applicant's insurance
lapses or is canceled.
(h) The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event
permit.
(i) The Special Event would seriously inconvenience the general public's use of public property, services,
or facilities.
(j) The Special Event would create or constitute a public nuisance.
(k) The Special Event could cause significant damage to public property or facilities.
(1) The Special Event would engage in or encourage participants to engage in illegal acts.
(m) The applicant is a minor at the time of the event.
38 -517 Process for Denial or Revocation
Failure of any person to comply with any of the ordinances of the city or the laws of the state shall be grounds for
denying or revoking a permit granted under this division. If a perinit is denied or revoked by the City Council, the city
must notify the applicant with the reason(s). The applicant shall be allowed an opportunity for a hearing pursuant to
Chapter 38, Article II of this Code.
Any permit issued may be summarily revoked by the City's chief law enforcement officer or Fite Chief at any time when,
by reason of disaster, public calamity, riot or other emergency, the law enforcement officer or Fire Chief determines that
the safety of the public or property requires such revocation.
38 -518 Fees and Expenses
The application fee for a Special Event permit shall be established by ordinance by the city council and the current
application fee shall be paid at the time of application for a permit, In addition, the applicant for a Special Event permit
must pay all expenses incurred by the City with respect to the Special Event including, without limitation, all expenses
related to the provision of police, fire or traffic management services required for the event and the enforcement of the
permit, including any permit conditions. The City may, as a condition of permit approval, require the applicant to deposit
with the City an amount up to 115% of the estimated City expenses as determined by the Finance Department provided,
however, the applicant's obligation to pay all expenses as provided in this section is not limited to the amount of the
deposit. In the event that the actual expenses of the City related to the event are less than the amount of the deposit, the
City will refund the excess funds to the applicant.
38 -519 Indemnification
All Special Event permits shall include a provision by which the permit holder agrees to defend, indemnify and hold the
City, its officers and employees, harmless from any liability, claim, damages, costs, judgments or expenses, including
attorney's fees, resulting directly or indirectly from an act or omission including, without limitation, professional errors
and omissions of event promoter, its agents or employees, arising out of the conduct of the activity authorized by such
permit and against all loss caused in any way by reason of the failure of the event promoter to fully perform all
obligations under this section.
38 -520 Insurance Requirements
Subdivision 1. Liability Insurance Required. The applicant or sponsor of a Special Event must possess or obtain liability
insurance to protect against loss from liability for damages on account of bodily injury or property damage arising from
the special event. A certificate of insurance must be filed with the City prior to issuance of any Special Event permit. The
certificate of insurance must name the City, its officials, employees and agents, as additional insureds. Insurance coverage
must be maintained for the duration of the Special Event.
Subd. 2. Minimum Limits. Insurance coverage must be a commercial general liability policy. The minimum limits must
be at least $1,000,000. If alcoholic beverages are to be sold or distributed at the special event, the policy must also include
an endorsement for liquor liability per Chapter 6 of the City Code. The City Council may require additional
endorsements depending upon the type of special event and proposed activities.
Subd. 3. Waiver or Reduction of Required Limits. The City may waive or reduce the insurance requirements of this
Section under the following circumstances:
a) The applicant or officer of the sponsoring organization signs a verified statement that it believes that the
special event's purpose is First Amendment expression and that the cost of obtaining the insurance is so
financially burdensome that it would constitute an unreasonable burden on the right of First Amendment
expression;
b) The applicant or an officer of the sponsoring organization signs a verified statement that the insurance
coverage required by this Section is impossible to obtain; or
c) The City Council determines that the insurance requirements are in excess of the reasonable risk
presented by the proposed special event,
38 -521 Applicability
The provisions of this chapter and of all regulations made thereunder and all permits issued thereunder shall be subject
to all applicable and controlling provisions of federal, state and city laws, and of all regulations and orders issued
thereunder.
38 -522 Penalty
Violation of any provision of this chapter shall be a misdemeanor and subject to all penalties provided for under state
law.
Section 2, That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 2 "d day of
March, 2009.
Stephanie Klinzing, :Mayor
ATTEST:
Tina Allard, City Cleric