R2018-151 2018-08-27 RESOLUTION NO. R2018-151
A Resolution of the City Council of the City of Pearland, Texas, amending
the City's Special Events Policy to provide a list of race routes and other
administrative changes.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City's Special Events Policy, attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby amended.
PASSED, APPROVED, AND ADOPTED this 27th day of August, A.D., 2018.
TOM ID )14
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2018-151
Exhibit"A"
ORDINANCE NO. 1348
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 20, OFFENSES AND
MISCELLANEOUS PROVISIONS, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME
TO TIME, AMENDED, TO ADOPT A NEW ARTICLE VI, ENTITLED
SPECIAL EVENTS, HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1 . That Chapter 20, Offenses and Miscellaneous Provisions, is
hereby amended to ADD Article VI, entitled Special Events, to read as follows:
"ARTICLE VI. SPECIAL EVENTS
Sec. 20-90. Special events policy adopted; amendments.
The Special Events policy attached to this adoption ordinance is hereby adopted
and incorporated herein by reference, and a true and correct copy of said policy is
filed in the office of the city secretary. Said policy may be, from time to time,
amended by the City Council by resolution, and said amendments shall be
effective upon the filing the amended policy in the office of the city secretary with
a certified copy of the resolution adopting said amendments.
Sec. 20-91. Penalties.
(a) A person who violates any provision of the Special Events policy adopted
pursuant to this Article shall be deemed guilty of a misdemeanor and, upon
conviction, shall be fined in an amount not to exceed five hundred dollars
($500.00). Each day of violation shall constitute a separate offense.
(b) In prosecutions under this section, no culpable mental state shall be required
to be alleged or proven.
Secs. 20-92-20-99. Reserved."
ORDINANCE NO. 1348
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance and amendments thereto shall be and are preserved
for the benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. The City Secretary shall cause this Ordinance, or
its caption and penalty, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance.. The Ordinance shall
Then become effective ten (10) days afterpublication.
PASSED and APPROVED on FIRST READING this the 24th day of March, A.
D., 2008.
IU I-( IU
°11) 44-12
MAYOR
2
ORDINANCE NO. 1348
ATTEST:
UN ORI R
'1=v= " ;C_
ITY CRETAIRY
PASSED and APPROVED on SECOND and FINAL READING this the
14th day of April, A.D., 2008.
c=:=-)042 1)- E4-4V
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
ATTEST: APRIL 14 2008
Voting"Aye"-Councilmembers Owens, Beckman,Saboe,
/ /k..' `r.Lti y . and Cole.
\mfr
U r - �, yr C ` Voting"No"— None.
TY CRET' "'Y.1 • > ha Motion passed 4 to 0,with Councilmember Kyle absent.
PUBLICATION DATE: April 16,2008
APPROVED AS TO FORM: EFFECTIVE DATE: April 25,2008
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
e
• THE CHARTER OF THE CITY OF PEARLAND.TEXAS
DARRIN M. COKER
CITY ATTORNEY
•
3
Exhibit
Ordinance No. 1348
Table of Contents
I.PURPOSE. 2
II.DEFINITIONS 2
III.DELEGATION OF CITY MANAGER'S AUTHORITY 3
IV.APPLICATION FOR PERMITS 3
A. SPECIAL EVENT PERMIT REQUIRED 4
B. EXEMPTIONS TO SPECIAL EVENT PERMIT REQUIREMENTS 4
C. APPLICATION DEADLINES. 5
D. APPLICATION FEE V 5
E. WHEN APPLICATION IS DEEMED FILED 5
F. INDEMNIFICATION AND REIMBURSEMENT AGREEMENT 5
G. PAYMENT OF CITY SERVICES 5
H SECURITY DEPOSIT 5
I. INSURANCE 6
J. PERMITS NOTTRANSFERABLE 6
K. ORDER 6
L. AMENDMENT OR REVISION OF APPLICATION. 6
M.CONDITIONAL A PROVAL 6
N. SPECIAL EVENT PERMIT APPLICATION REVIEW 7
O.WRITTEN Notice OF APPROVAL OR Denial 7
P. NOTICE OF EXTENDED REVIEW OR DENIAL OF PERMIT 7
Q. CONTENTS OF NOTICE;GROUPDS FOR DENIAL. 7
R. WRITTEN ESTIMATE or-CITY SERVICES COSTS. 9
S. WRITTEN POST-EVENT REVIEW g
V. PROCEDURES FOR REVIEW 9
A. REVIEW BY CITY 9
B. FORM OF APPEAL 9
VI. PROVISION OF CITY SERVICES FOR SPECIAL EVENTS. 9
VII. USE OF CITY LOGO OR NAME. 10
VIII. REVOCATION OF SPECIAL EVENT PERMIT 10
IX.COST RECOVERY FOR SPECIAL EVENTS. 10
X. REVENUE SHARING FOR SPECIAL EVENTS 11
XI. EFFECT OF RECEIPT OF DONATIONS ON STATUS OF TAX-EXEMPT NON-PROFIT ORGANIZATIONS. 11
XII. SPECIAL EVENT RIGHT OF FIRST REFUSAL 11
XIII.ALCOHOLIC BEVERAGES AT SPECIAL EVENTS 11
I. Purpose
It is the purpose of this policy to establish a process for permitting Special Events conducted
on City streets, public property, public parks or facilities, or private property where it impacts
public parking, City streets, City services and/or general health and safety. It is recognized
that these Special Events enhance the Pearland lifestyle and provide benefits to the citizens
through the creation of unique venues for expression and entertainment that are not normally
provided as a part of governmental services. Additionally, it is recognized that Tax-exempt
Non-profit Organizations that benefit the community are central to the quality of life in
Pearland and that they often develop through their Special Events the resources to provide
essential services to the citizens of the City of Pearland. It is further intended to provide
coordinated policies for the regulation of certain activities to be conducted in conjunction with
Special Events, to ensure the health and safety of patrons of Special Events, to prohibit
illegal activity from occurring within Special Event Venues, and to protect the rights and
interests granted a Special Event Permit holder. It is also further intended to create an
awareness of certain codes that are normally overlooked by planners of events (Special
Events or small events not explicitly regulated by this ordinance). It is also the intent of the
City of Pearland to protect the rights of its citizens to engage in protected free speech
expression activities and yet allow for the least restrictive and reasonable, time, place and
manner regulation of those activities within the overall context of rationally regulating Special
Events that have an impact upon public facilities and services.
II. Definitions
As used in this policy: •
"Special Event" means an activity with duration of less than 30 days that meets one of
the following:
A. Is considered a parade, circus, march, or similar activity;
B. Is anticipated to have over 1,500 people at one time or over 3,000 over the course
of a day;
C. Is conducted on, over, or through any State controlled roadway or City
thoroughfare or collector street as shown on the City's Thoroughfare Plan;
D. Affects four or more City facilities or services listed in (E) (5) listed below; or
E. Meets at least three (3)of the following conditions:
1. Is or has an activity component that is regulated by the City's animal related
codes (excluding domestic household pets and related regulations such as
leash laws, licensing, vaccinations, and other domestic animal codes, but
includes the sale, showing, and/or use of domestic household pets for
entertainment) and/or health related codes including, but not limited to food
prepared on site, sale of food not pre-packaged, rodent control,toilet facilities,
and solid waste control;
2 . Involves the sale of alcohol or requires a special permit from the Texas
Alcoholic Beverage Commission (TABC);
3. Involves the erection of temporary structures including tents valued over
$300.00 dollars or 200 square feet in size;
4. Requires temporary addition of electricity with the use of generators, t-poles, or
extension of lines other than normal and proper use of household extension
cords;or
5. Requires the use of or impacts City facilities or services over and above normal
use for that property in its current condition and activity including but not limited
Revised Mar.2008 Special Events Policy Page 2 of 12
to parks;streets; rights-of-ways; sidewalks; vacant land; City crews;water from
a fire hydrant; use or need for City equipment or supplies; security, traffic or
crowd control by police; and attendance, attention or standby of emergency
personnel-medical orfire personnel or equipment.
"Commercial Special Event" means any Special Event organized and conducted by
any person, organization or company that does not qualify as a Tax-exempt Non-profit
Organization orgovernmental agency.
"Non-Commercial Special Event" means any Special Event organized and conducted
by a person, organization or company that qualifies as a Tax-exempt Non-profit
Organization.
"City-Sponsored Special Event" means any Special Event directly organized and
conducted by the City of Pearland or any Special Event organized by a Non-Commercial
Event Organizer that the City has elected to support through appropriation of funds within
the City'sbudget.
"City-Sanctioned Special Event" means any Special Event approved to receive funding,
receive in-kind City services, or receives acknowledgement as supported by City Council.
"Event Organizer" means any person, organization or company, who conducts,
managers, promotes, organizes, aids or solicits attendance ata Special Event.
"Fees" means charges to Event Organizers for City Services, venue usageand permits.
"City Services" means those services provided by the City that are required and/or
necessary for event production.
"Cost Recover" means direct payment by an Event Organizer to the City in
compensation for the direct costs of City Services incurred during the Special Event.
"Public Property" means street, R.O.W., land, owned fee simple or dedicated to the City
by plat or other instrument and controlled by the City.
"Special Event Permit" means a permit issued by the City which authorizes the use of a
public property, park or facility for a Special Event.
"Special Event Venue or Event Venue" means that area for which a Special Event
Permit has been issued.
"Street" means the entire width between property lines when any part thereof is open to
the use of the public, as a matter of right,for the purpose of vehicular traffic.
"Tax-exempt Non-profit Organization" means an organization that is exempted from
payment of income taxes byfederal or state law.
"Vendor" means any Person who sells or offers to sell any goods, food, or beverages
within a Special Event Revenue.
"Gross Revenues" means the sum of all revenues received byan Event Organizer for a
Special Event, including, but not limited to, cash receipts, licensing, sponsorships,
advertising and similar revenues,and concessions. •
III.Delegation of City Manager's Authority
The City Manager hereby delegates all duties and obligations of this policy to the Director of
Parks& Recreation, who shall be responsible for its administration, except where otherwise
specified.
IV. Application for Permits
Revised Mar.2008 Special Events Policy Page 3 of 12
A. Special Event Permit Required
1. For any person, organization or company to conduct, promote, manage, aid, or
solicit attendance at a Special Event,the person, organization or company shall
obtain a Special Event Permit from the City of Pearland.
2. The City is authorized to:
a. Issue permits for Special Events occurring within the City limits pursuant to the
procedures established by the City;
b. Determine the Special Event Venue; and
c. Set reasonable boundaries for the Special Event Venue, balancing the Special
Event requirements and public health, safety,and welfare.
3. Applications must address the following if applicable:
a. Planning: Signs on and off premise and banners (in some circumstances must
be permitted, but all are regulated). Address understanding of the requirements
including, but not limited to, setback or spacing from residential property, the
handling of parking off-site, number of spaces required, and restroom facilities.
b. Building department: Tent (information on the tents structural performance to
include, but not limited to wind load, material, size, and value.), water sources
and back flow preventers, electrical (if t-pole is to be used a permit will be
required. If within one hundred feet of distribution line, electrical power should
be on a t-pole and not sourced from generators. Need to see how equipment is
wired — inspections. If a generator is to be used, the fire marshal is should be
consulted). Health codes for food vendors and porta potties.
c. Public Works: Need for water and temporary meter for use of hydrant, plan to
prevent mud or dirt from being tracked onto City streets. If the City is
participating or certain City items are needed, applicant needs to identify the
type of items that would be needed by the City and other relevant information
that the City would supply. If the City is not participating, the use of City
services or equipment is limited.
d. Fire Marshal: Safety plan,tent(number of people it can hold, number of exits,
material, use of flames or fire-prohibited within tent), placement of facilities,
control of combustibles, pyrotechnics placement and distance, location of fire
hydrants, accessibility for emergency vehicles, placement of electrical cords,
and other occupancy and fire risk factors.
e. Police: Parking configuration (off-site or on-site), crowd control, crossing of
streets by pedestrians, traffic control, background checks on employees,
alcohol sales(require police officers).
f. Animal Control: Need FDA approval, location and cleanup of manure, spacing
from residential property and restaurants, housing of animals and the type of
surface, restraining methods including equipment and personnel.
B. Exemptions to Special Event Permit Requirements
1. The following activities are exempt from the Special Event Permit requirement:
a. Funeral processions bya licensed mortuary;
b. School related functions where the event is contained within the school's
property boundary and it does not occupy more than 25% of the available
parking area for non-parking related activities; or
c. An event held within a single building or structure where the occupancy limit is
not exceeded at any one time by the event and no parking is expanded beyond
the property.
Revised Mar.2008 Special Events Policy Page 4 of 12
2. Although not required to obtain a Special Event Permit, an Event Organizer of an
activity exempted pursuant to (1) above is required to comply with all regulations
established by the City for the intended public property, park or facility; contract
and coordinate the use of the public property, park or facility with the authorized
managing City agency; and comply with all codes and regulations governing public
safety or health including but not limited to, health codes, building codes, fire
codes, permits for sale of food, tent permits, sign permits, and state traffic
regulations.
C. Application Deadlines
1. Any person, organization or company seeking the issuance of a Special Event
Permit shall apply by filing a completed Special Event Permit Application with the
City not less than sixty (60) calendar days, nor more than two (2)years, before the
proposed Special Event date(s), unless(2)below applies.
2. Special Events that already have permits from other agencies, do not require the
closing of City thoroughfares or collector streets or involve TxDOT roadways, and
anticipate less than 300 people may submit an application thirty days in advance.
D. Application Fee
No Special Event Permit Application shall be considered until the applicant has paid a
$I1-00.00_I[MN,ljapplication fee. No refund of the application fee will be made unless the
Event Venue is altered or changed in such a manner as to make the proposed Event
Venue unsuitable for the proposed event. The City is not responsible for any costs
incurred by the Event Organizer if such site changes and/or alterations do occur.
E. When Application is Deemed Filed
A Special Event Permit Application is deemed filed when the applicant has provided all of
the information required and requested on the Special Event Permit Application and the
City has accepted the application for filing and collected the application fee.
F. Indemnification and ReimbursementAgreement
No Special Event Permit shall be granted unless the applicant has executed an
indemnification and reimbursement agreement with the City, on a form prescribed by the
City, to reimburse the City for any costs incurred by the City and to indemnify the City
from any liability in the connection with the permitted Special Event caused by the action
of the permitted or Event Organizer.
G. Payment of City Services
Unless otherwise indicated by the City, if applicable, the City will invoice the Event
Organizer following the conclusion of the Event for the cost of City Services provided for
the Event. The Event Organizer must pay all invoices within thirty (30) calendar days;
thereafter, applicable late fees will apply.
H. Security Deposit
The City may require an Event Organizer to prepay, in the form of a security deposit, a
portion or all of the estimated costs of City Services for the proposed Special Event. The
applicant will be notified of the Security Deposit requirement at the time of official
response from the City to the Special Event Permit Application. A Security Deposit must
be paid no later than twenty (20) calendar days prior to the start of the proposed Special
Event. The City reserves the right to revoke a Special Event Permit for non-payment of a
Revised Mar.2008 Special Events Policy Page 5 of 12
required Security Deposit. Events may bedassifiedbylevel ofinpadinordertodetermine
appropriate Security Deposit amount The Security Deposit amount is set as follows:
Low Impact— under 1000 attendance, $500 deposit
Medium Impact— 1000-3000 attendance, $750 deposit
High Impact— over 3000 attendance, $1000 deposit
A Security Deposit may be required at the City's discretion when:
1. The Event Organizer has never before hosted a Special Event within the City of
Pearland.
2. The Event Organizer is not a resident of Pearland or is not a business located
within Pearland.
3. The person applying as the Event Organizer is not doing so on behalf of a legal
corporation.
4. The City believes there may be some reason it will have difficulty being reimbursed
for its costs after the Special Event.
5. The size of the Special Event may create an undue expense on the City.
6. The event may result in damage to City property, require police or City traffic
control personnel, use of City equipment, or any other action that may pose a cost
exposure to the City.
I. Insurance
The applicant shall procure and maintain at all times during its use of the Event Venue,
insurance in such amounts and with such coverage as shall reasonably be required by the
City and shall name the"City of Pearland, its officers, officials, employees and agents" as
an additional insured thereunder. The City of Pearland, based upon the nature of the
activity and the risk involved, shall determine the amounts and type of insurance required.
The City may require the insurance to cover all or certain parties involved in the event.
The applicant shall provide the City with a certificate from an insurer evidencing such
coverage no later than fifteen (15) calendar days prior to applicant's use of the Event
Venue. The certificate shall also provide that the insurer shall give the City reasonable
advance notice of any change to the insurance coverage provided.
J. Permits NotTransferable
No Special Event Permit or conditional approval may be transferred.
K. Order
Special Event Permit Applications shall be considered and processed in order of receipt
by the City.The use of a particular public Event Venue or part thereof shall be allocated in
order of receipt of fully completed applications accompanied by the application fee.
L. Amendment or Revision of Application
Any amendment or revision of a Special Event Permit Application shall, for purposes of
determining its order of priority, relate back to the original filing date. However, the time in
which the City shall grant or deny the application for the permit and serve notice of such
granting or denial shall be computed from the date of the amendment or revision. No
amendment or revision of a Special Event Permit Application, except those related solely
to minor venue layout changes or other minor event logistics,will be acceptedwithin sixty
Revised Mar.2008 Special Events Policy Page6of 12
(60) calendar days from the start of the proposed Special Event.
M. Conditional Approval
1. Special Event Permit Applications which require insurance approval(s), security
deposit payment or permits from other governmental entities, or compliance with
other terms or conditions, will be reviewed and, if the application otherwise
conforms to all other requirements, a conditional approval will be issued. If,within
the time prescribed by the City, any required fee or security deposit is not paid, or
•
Revised Mar.2008 Special Events Policy Page7 of 12
an insurance certificate evidencing the requisite insurance is not filed with the City,
or approval or permit of other governmental entities has not been received, or the
other terms and conditions have not been met, the conditional approval will
automatically expire, the application for permit will be deemed denied. In such
instances, the City will make no refund of the application fee.
2. In the case of a Special Event meeting the criteria under Sec. II (B) or(C), only the
City Council may grant approval after review by staff and confirmation thatall
requirements of this policy are met. The City Council may deem the event
inappropriate, but does not have to provide a reason for denial of a Special Event
Permit. There shall be no appeal of a permit denial by City Council.
N. Special Event Permit Application Review
All Special Event Perm it Applications are subject to review by the City. Event Organizers
may be requested to meet with City representatives to review event plans, layout and all
other event logistics prior to the official decision and notification of approval or denial of
the Event's application.
0. Written Notice of Approval or Denial
Applicant will be notified within thirty (30) calendar days of the date on which a Special
Event Permit application is fully completed and filed with the City for approval or denial
unless the application was submitted in accordance with Section IV (C) (2) above. If
submitted in accordance with Section IV(C) (2) above, then the City shall respond within
15 days. However, the City may extend the period of review for up to an additional fifteen
(15)days by issuance of a written notice of extension.
P. Notice of Extended Review or Denial of Permit
Written notice of denial or notice of extension shall be served on the applicant by personal
delivery, or by United States mail to the name and address set forth on the application for
permit.
Q. Contents of Notice; Grounds for Denial
1. Notice of denial of a Special Event Permit Application shall clearly set forth the
grounds upon which the permit was denied and, where feasible, shall contain a
proposal by the City for measures by which the applicant may supply additional
information or amend their original application to accommodate permit approval.
In the event a prior application for the same time and/or venue has been filed, and
a permit has been or will be granted, the City shall propose an alternative venue, if
available for the same time, or an alternative time, if available for the same venue.
2 The City may deny a Special Event Permit Application if the applicant or the person
on whose behalf the application was made has on a prior occasion made material
misrepresentations regarding the nature or scope of an event or activity previously
permitted or has violated the terms of a prior Special Event Permit issued on behalf
of the applicant. The City may also deny a Special Event Permit Application for the
following reasons:
a. The application (including required attachments and submissions) is not fully
completed;
Revised Mar.2008 Special Events Policy Page 7 of 12
b. The applicant has not tendered the required application fee or has not tendered
the required user fee, indemnification agreement, insurance certificate, or
security deposit within the deadlines prescribed bythe City;
C. The application contains a material falsehood or misrepresentation;
d. The applicant is legally incompetent to contract or to sue and be sued;
e. The applicant or person on whose behalf the application was made has on prior
occasion damaged a public property, park or facility and has not paid in full for
such damage, or has other outstanding and unpaid debts to the City;
f. A Special Event Permit Application for the same time and venue has been
received, and a permit has been or will be granted to a prior applicant.
authorizing uses or activities which do not reasonably permit multiple
occupancy of the particular public property;
g. The use or activity intended by the applicant would violate the terms of the
City's Special Event Exclusivity granted a prior applicant that has been or will
be granted approval;
h. The applicant requests use of an Event Venue that is unavailable based on the
City's Right of First Refusal policy;
i. The proposed use or activity would conflict with previously planned programs,
projects, activities or events organized and conducted bythe City;
j. The proposed use or activity is prohibited by or unsuitable for the uses of the
Event Venue;
k. The proposed use or activity would present an unreasonable danger to the
health or safety of the applicant, or other users of the public property, park or
facility, of City personnel, or of the public;
I. The applicant has not complied or cannot comply with applicable licensure
requirements,fees,taxes, ordinances or regulations of the City;
m. The proposed use or activity is prohibited by law, by City Code or ordinance, or
by the regulations of the venue's governing public agency;
n. Due to limited resources and personnel capacity, the City is not able to provide
the required or requested resources and/or personnel for the proposed Special
Event, or has committed those resources and/or personnel within a similar time
frame to a prior applicant;
e. The proposed use or activity will substantially interrupt public transportation or
other vehicular and pedestrian traffic in the area of its route;
p. The proposed use or activity would cause an unresolvable conflict with
construction or development in the public right-of-way or at a public facility;
q. The proposed use or activity will have unmitigatable adverse impact upon
residential or business access and traffic circulation in the vicinity of the Event
Venue;
r. The applicant has not provided sufficient off-site parking or shuttle service, or
both, required to minimize any substantial adverse impacts on general parking
and traffic circulation in the vicinity of the event;
s. The applicant did not appropriately address problems or concerns provided in a
previously provided post-event review for a previous Special Event by the
organization or organizer;
t. The proposed Special Event would, in the reasonable judgment of the City,
have an unmitigatable adverse impact on the health, safety, and welfare of the
residents of the City.
Revised Mar.2008 Special Events Policy Page 8 of 12
R. Written Estimate of City Services Costs
Within forty-five (45) calendar days of the date on which a Special Event Permit
Application is fully completed and filed with the City,the Event Organizer will be provided
an estimate of the costs of City Services and an outline of the scope of those City
Services to be scheduled and employed at the event. The estimated cost of City Services
will be based on information provided by the Event Organizer and the best estimates of
City staff. The actual costs may vary based on unforeseen factors prior to and during the
event and/or changes and deviations from the information within the original Special
Event Permit Application.
S. Written Post-Event Review
Within 60 (sixty) calendar days from the completion of a Special Event, the City will
provide the Event Organizer a written review of items and/or concerns related to their
Event that may negatively influence the Event Organizer's ability to obtain future Special
Event Permits. This review is intended to provide the Event Organizer ample opportunity
to address, plan and implement corrective measures prior to filing for a future Special
Event Permit.
T. Site Restoration Fee
The City may require a Race Event Organizer to pay, in the form of a Site Restoration
Fee, $1 per registered race event participant. The applicant will be notified of the Site
Restoration Fee requirement at the time of official response from the City to the Special
Event Permit Application. A Site Restoration Fee must be paid no later than thirty (30)
calendar days post-event. The City reserves the right to withhold the Security Deposit
until payment is received of Site Restoration Fee. Parks & Recreation Director reserves
the right to lower or waive site restoration fee under special circumstances. Special
circumstances may include — low impact race event, free race event, race event
anticipating attendance of less than 100 participants.
U. Approved Number of Race Events -
No more than eight (8) Medium to High Impact race events (expected 1,000 or greater in
attendance) are to be scheduled per calendar year. In order to limit frequency of road
closures and out of consideration of the impact on the community, and staffing efforts through
the City (Police, Fire, EMS, Traffic, Parks & Recreation, etc.), approved race event permits
should be spread throughout the calendar year, limiting races to an average of 2 per quarter.
City departments reserve the right to approve additional lower impact races when feasible.
Low Impact race event permits may be issued dependent on the need for road closures,
allocation of officer resources, and location of race event.
V. Procedures for Appeal
A. Review by City
1. An Event Organizer may within seven (7)calendar days of official notification by
the City, file a written appeal to the City Council if:
a. A Special Event PermitApplication has been denied.
b. A specific City requirement or restriction outlined in an approved or conditionally
approved Special Event Permit is considered to be unreasonable. This does
not include requests by Event Organizers that fees for City Services be waived
or discounted.
2. The City Council shall have fifteen (15)calendar days from the date on which the
Revised Mar.2008 Special Events Policy Page 9 of 12
appeal was received in which to notify the applicant that the appeal has been
affirmed,modified or reversed.
3. Such notice shall be deemed served upon the applicant or permitee when it is
personally delivered or sent by United States mail to the name and address set
forth on the application permit.
4. In the case where a revocation occurred within thirty (30) days of the event the City
Manager shall hear all appeals and provide notice within fifteen (15) calendar days.
When an appeal is requested within fifteen (15) calendar days of an event the City
Manager may provide a response verbally and immediately.
B. Form of Appeal
Any appeal filed pursuant to this policy shall state succinctly the grounds upon which it is
asserted that the determination should be modified or reversed and shall be accompanied
by copies of the Special Event Permit Application, the written notice of the determination
of the original application or request, and any other papers or documentation material to
the determination.
VI. Provision of City Services for Special Events
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Revised Mar.2008 Special Events Policy Page 10 of
A. The City may provide services for a Commercial or Non-Commercial Special Event, if
provisions are made with the Event Organizer for Cost Recovery or Revenue Sharing,
or both.
B. The City may provide services in direct support of a City-Sanctioned Special Event.
Such support will be in the form of relief from all or a portion of City Services costs.
C. The City may provide services in direct support of a City-Sponsored Special Event, if
the funds to offset City Services costs are within budget limitations of the City and if
the City Manager finds that a public purpose will be served.
VII. Use of City Logo or Name
Prior authorization from the City Manager is required for an Event Organizer to use the
words, "The City of Pearland" or"City of Pearland"or a facsimile of the official logo of the City
of Pearland, in the title and/or promotional materials of a Special Event.
VIII. Revocation of Special Event Permit
A. A Special Event Permit may be revoked if the City staff determines:
1. An Event cannot be conducted without violating the standards or conditions of the
Special Event Permit.
2. An Event is being conducted in violation of any condition of the Special Event
Permit.
3. An Eventposes a threat to public health or safety.
4. An Event Organizer or any person associated with the Event has failed to obtain
any other permit required pursuant to this policy.
5. A Special Event Permit was issued in error or contrary to law.
B. Except as provided in Item (3) below, notices of revocation shall be in writing and
specifically set forth the reasons for such action.
C. If there is an emergency requiring immediate revocation of a Special Event Permit, the
City may notify the permit holder verbally as in the case where the reason for
revocation was determined during the event or within fifteen (15)days of the event.
D. An appeal from a revocation shall be handled in the same manner and under the same
time requirements as denials of Special Event Permit Applications. (See Section V
above)
IX. Cost Recovery for Special Events
A City shall charge all Special Events for the actual cost of City Services.
B. If a Special Event is conducted without a Special Event Permit when one is required,
or an Event is conducted in violation of the terms of an issued Special Event Permit,
the Event Organizer shall be responsible for, and the City shall charge the Event
Organizer the cost of all City Services and the event organizer shall be subject to
penalties as provided by law.
Revised Mar.2008 Special Events Policy Page 10 of 12
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X. Effect of Receipt of Donations on Status of tax-exempt Non-Profit Organizations
A tax exempt non-profit Organization sponsoring a Non-Commercial Special Event may
acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other
consideration from for-profit organizations without causing the Event to be considered a
Commercial Special Event. Such acknowledgment may include use of the name,trademark,
service mark or logo of such a for-profit organization in the name or title of the Event or the
prominent appearance of the same in advertising or on collateral material associated with the
Event.
Xl. Other Permits and Licenses
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A. The issuance of a Special Event Permit does not relieve any Event Organizer or
person from the obligation to obtain any other permit or license required pursuant to
City Code.
B. The issuance of any other permit or license issued pursuant to City Code does not
relieve any Event Organizer from the obligation to obtain a Special Event Permit
pursuant to this policy.
XII. Special Event Right of First Refusal
An Event Organizer will be granted the first option for the same or similar date (e.g. third
Saturday in a specific month) during the following year for hosting a similar Event. This right
of first refusal is not transferable to another Event Organizer and expires sixty(60) days from
the conclusion of the initial Special Event.
XIII. Alcoholic Beverages at Special Events
The following guidelines are for all Special Events that include serving of alcoholic
beverages. The purpose of this policy is to: (1) ensure public safety; (2) prevent underage
possession of alcohol; (3)prevent under-age consumption; (4)ensure adequate observation
to help prevent intoxication; and (5) ensure compliance with Texas Alcoholic Beverage
Commission regulations.
A. Serving and consumption of beer and/or wine only, is permitted at Special Events held
on the following City-owned Event Venues
1. Parks
2. Community Center
3. City Hall grounds, but not within the building,
4. Westside Event Center
B. Any Special Event held on City property serving beer and/or wine shall have a defined
area for serving and consuming beer and/or wine. This defined area, referred to as a
Beer/Wine Garden, and may include a portion of or the entire Event Venue.
C. The Event Organizer must obtain the appropriate license from the Texas Alcoholic
Beverage Commission.
Revised Mar.2008 Special Events Policy Page 11 of 12
D. All Beer/Wine Gardens will have City of Pearland law enforcement officers present
during the serving and consuming of beer and/or wine. The City will determine the
number of City law enforcement personnel required.
E. All Special Events approved to sell beer and/or wine must provide, prior to the Event,
training for the frontline event staff and volunteers responsible for selling and serving
beerand/orwine.
F. All event volunteers and staff members engaged in any aspect of serving beer and/or
wine (which includes but is not limited to checking ID's, arm banding, ticket sales,
serving and monitoring) are prohibited from consuming alcohol during the event. This
includes any server who completes their shift and is requested to return to duty.
G. The Applicant of the TABC, or the Event Supervisor in charge, must be present at the
Event Venue during the entire event. The City requires that every event organizer
clearly display the name or names of their event's Event Supervisor(s) in the
Beer/Wine Garden during the entire Event.
H. The Event Organizer is solely responsibility for assuring that the Beer/Wine Garden is
properly supervised and that its event staff has been properly trained to serve such
beverages as well as understands that it is against the law of the State of Texas to sell
alcoholic beverages to anyone who is less than twenty-one years of age, to anyone
that the server knows, or has reason to believe, is intoxicated, or to anyone who has
been forbidden to possess alcohol by a court of competent jurisdiction. The Event
Organizer is responsible for advising the servers that they could face criminal charges
for serving alcohol to any above-described person.
I. The Event Organizer must implement a system of identification and distribution as
approved by the TABC that effectively monitors the consumption of each event
attendee.
J. Serving of beer and/or wine shall not extend beyond 12:00am for any Special Event.
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K. The City of Pearland reserves the right to deny, cease or restrict, in any manner
deemed appropriate, either prior to or during a Special Event the serving or
consumption of beer and/or wine. Factors governing this decision will include, but are
not limited to:
1. Proposed Event Venue layout&site plan
2. Number of proposed beer and/or wine serving locations
3. Anticipated and/or actual number of event attendees
4. Nature of the event
5. History of the event
6. Duration of the event
7. The Event Organizer's ability to provide sufficient event staff
8. Ability of the event staff to monitor and control under-age consumption
9. Concern for public safety
10.Evidence of non-compliance with TABC.
Revised Mar.2008 Special Events Policy Page 12 of 12