HomeMy WebLinkAboutDocumentation_Regular_Tab 09_4/9/2020Agenda Item #9.
Workshop
STAFF
MEMO
Meeting: Regular Council - Apr 09 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
A
ORDINANCE 01-20, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. SECTION 78-561. SPECIAL EVENTS. BY AMENDING THIS SECTION TO
PLACE RESPONSIBILITY FOR PROCESSING APPLICATIONS WITH THE BUILDING
DEPARTMENT, TO REDUCE THE MANDATORY MINIMUM APPLICATION SUBMITTAL TIME FOR
EVENTS THAT ARE INTENDED TO HAVE LESS THAN 200 ATTENDEES, AND TO GIVE THE
VILLAGE MANAGER FINAL APPROVAL AUTHORITY IN THE APPROVAL PROCESS FOR SUCH
APPLICATIONS
Staff is recommending the following changes to the Special Events Code:
- Special Event Permits will be submitted to the Building Department rather than Community
Development.
- Any events under 200 attendees will only need to submit their request at least 20 days prior for
approval.
The proposed changes to the code is attached.
Ord 01-20 Special Event Code
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Agenda Item #9.
ORDINANCE 01-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. SECTION 78-561. SPECIAL
EVENTS. BY AMENDING THIS SECTION TO PLACE RESPONSIBILITY
FOR PROCESSING APPLICATIONS WITH THE BUILDING
DEPARTMENT, TO REDUCE THE MANDATORY MINIMUM
APPLICATION SUBMITTAL TIME FOR EVENTS THAT ARE INTENDED
TO HAVE LESS THAN 200 ATTENDEES, AND TO GIVE THE VILLAGE
MANAGER FINAL APPROVAL AUTHORITY IN THE APPROVAL
PROCESS FOR SUCH APPLICATIONS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78.
SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta special even regulations currently require a
45-day minimum application period prior to the event; and
WHEREAS, the Village Council of the Village of Tequesta desires to amend its
special event regulations to allow a 20-day minimum application period for events
intended to attract less than 200 attendees and to allow for village manager final
approval of such applications, and also codify the responsibility for processing
applications with the building department in conformance with current practice; and
WHEREAS, the Village of Tequesta has held all required public hearings and
provided proper notice of same in order to adopt these revisions to its zoning code; and
WHEREAS, the Village Council believes these code revisions will be in the best
interests of the Village of Tequesta, and will promote the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning, is hereby amended at Section 78-561 Special
events, to reduce the mandatory minimum application submittal time for events that are
intended to have less than 200 attendees, to place responsibility for processing
applications with the building department, and to give the village manager final approval
Page 92 of 96
Agenda Item #9.
authority in the approval process for such applications; providing that section 78-561
shall hereafter read as follows:
Sec. 78-561. - Special events.
o (a) Permit required. Any village resident, or any village business holding a current
village business tax receipt pursuant to chapter 70, article II, is eligible to apply for and
obtain a special event permit pursuant to this section. Any such resident or business
that desires to conduct any type of special event within the village must obtain a
permit from the village in order that the village may adequately provide for the
potential impacts created by the proposed event. A maximum of four such permits
shall be allowed per address or per business in any single calendar year. A special
event that includes multiple addresses, for example within a shopping center, shall
count as one event for each address captured by the special event permit.
(b) Written application. Written application must be submitted to the village building
G/IYYIYYIURity d8V81.,r.r eRt department at least 45 goys prier to the date for which +ho
GpeGial event 06 prepese d; which application shall contain the following information:
(1) Type of event(s) proposed.
(2) Sponsor or person(s) responsible for event.
(3) Proposed location with property owner's written consent.
(4) Proposed date, commencement time and duration of event.
(5) Approximate number of participants.
(6) Proof of insurance in amounts acceptable to the village for the type of
event.
(7) Expected traffic, fire -rescue, and utilities impact, if any, and proposed
mitigation plans.
(8) Copy of all required state and county permits if event will be held on or
utilize state and/or county -controlled property.
(9) A refundable deposit is required if the event is held on any village property.
The amount of this deposit shall be set by resolution of the village council.
(c) Deadlines to submit complete applications. In order to provide sufficient time for
full administrative review and for final village council approval, complete applications
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Agenda Item #9.
for special events that contemplate attendance of 200 or more persons shall be
submitted to the village building department a minimum of 45 days prior to the date
for which the special event is proposed. Complete applications for special events
that contemplate attendance of less than 200 persons. (which do not require final
approval of the village council), should be submitted to the village building
department a minimum of 20 days prior to the date for which the special event is
proposed in order to provide sufficient time for full administrative review, and for final
village manager approval.
(d E) Minimum impact. All special events shall be coordinated with the village in order
to lessen adverse impacts and to allow for continuous protection of the health, safety
and welfare of all. In order to provide such protection, all applications for special
events shall be reviewed and signed off by the police chief and the fire chief. In
addition, review and approval by other applicable departments may be required on a
case by case basis.
(e 6) Alcoholic beverage service. Notwithstanding anything contained in the Village of
Tequesta Code of Ordinances to the contrary, alcoholic beverages are permitted at
approved special events under the following conditions. The service of alcoholic
beverages at any special event shall require, as a condition precedent, the issuance
of the appropriate state alcoholic beverage permit, a copy of which must be provided
to the village in conjunction with the special event permit application. All terms and
conditions of any state issued permit shall be strictly adhered to by the applicant. In
addition, the village may require, in its sole discretion, the use of physical barriers to
define and contain the outdoor area within which alcoholic beverages may be
consumed, and/or the use of security or off -duty law enforcement personnel at the
special event. It is the applicant's responsibility to monitor for and prevent excessive
as well as underage consumption of alcoholic beverages at all times. The applicant
shall indemnify, defend and hold the village harmless from any and all damage to any
real or personal property, and from any and all injury or death suffered by any person
directly or indirectly related to the consumption of alcoholic beverages in conjunction
with the special event.
(f a) Final action.
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Agenda Item #9.
(1) After review by, and with the recommendations of the building department
director} and the police chief, the fire chief, and other applicable departments
on a case by case basis, the village manager shall approve the application,
deny the application in whole or in part; or approve the application with
conditions. Such action shall be taken within ten business days from the
submittal of a complete special event application, or the application shall
automatically be deemed approved.
(2) If the application is denied, the applicant may request an appeal to the
village council. Such request must be made in writing to the village manager
within ten days of the denial, and shall be considered by the village council at
its next scheduled meeting.
(3) Any proposed special event whose attendance is contemplated to exceed
200 people in total shall also require final approval by the village council
which, after considering the recommendations of the r'nmmi Rity deVe-IOPFRe Rt
dIFeGtO , the ""'Ii^ce—Ghi f�' and—the village manager, may approve the
application, deny the application in whole or in part; or approve the application
with conditions.
(4) Denial of a special event permit application, or the imposition of certain
conditions by either the village manager or the village council may be based,
among other reasons and at the sole discretion of the village, upon violations
of the terms and conditions of a previously approved special event permit for
the same address.
(g f) Nonprofit enterprises.
(1) The village may issue non-profit permits to any person or organization for
the conduct or operation of occasional sales and/or fundraising projects held
by nonprofit enterprises, either regularly or temporarily, when the applicant
signs an affidavit that the applicant operates without private profit, for a civic,
public, charitable, youth, service, educational, literary, fraternal, or religious
purpose.
(2) A person making application under this section must comply with all rules
and procedures for the granting of special event permits as set forth in this
Page 95 of 96
Agenda Item #9.
section. All persons operating under a non-profit permit shall operate their
nonprofit enterprise in compliance with this section and all other rules and
regulations of the village.
(3) Any person signing a false affidavit pursuant to this section shall be subject
to a $250.00 fine for a first offense and a $500.00 fine for a repeat offense, or
may be cited to the village code enforcement special magistrate.
(h g) Definition. For purposes of this section, a "special event" is any outdoor activity,
gathering or group of persons, vehicles or both, organized and having a common
purpose, upon public or private property, which is likely to inhibit the usual flow of
vehicular or pedestrian traffic, which is likely to creates noise in excess of that
typically associated with the areas upon which the event is to occur, or which is likely
to preempt or restrict use of property typically accessible by the general public.
Examples of special events include, but are not limited to block parties, parades,
races or walks, grand opening events, charity fundraisers, and other similar events
not specifically permitted by the village's zoning ordinance.
(i #) Village sponsored events. Special events that are sponsored by the village and
held on village property shall be exempt from the provisions of this section.
Section 2: Each and every other Section and Subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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