R2011-132 - 2011-10-24A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A SPECIAL EVENTS PERMIT FOR
THE TOUR DE LITES BIKE RIDE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby approves the Special Events Permit,
attached hereto as Exhibit "A for a period of five (5) years beginning with the
December 2011 event.
ATTEST:
PASSED, APPROVED, AND ADOPTED this 24 day of October, A.D., 2011.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -132
£1 di
TOM REID
MAYOR
Event Name
Annual Event Yes 1st Time Event
Event Category
(check all that apply)
Event Organizer Keep Pearland Beautiful
Street Address
City
Primary Contact
Phone
Additional Event Partner
Primary Contact
Phone
Additional Event Partner
Primary Contact
Phone
Event Sponsors
Description of Event
(Provide thorough details of
event activities, programs and
schedule)
Event Venue Site(s)
(Explain what sites will used
and the activities at each)
5r,) oar Evart'
emit
Community Festival
Run Walk
Other (specify)
3523 Liberty Drive
Pearland
Linda Cowles
281- 652 -1659
Event Start Date
Pearland Parks and Recreation
Colene Cabeza
281 412 -8916
Sgt. John Thomas
1 Fax Phone 281-652-1782
Pearland Police Department Bike Team
Tour de Liles Family Bike Ride
Concert
Parade
State
TX
Circus
Athletic Event
Zip 77581
Email Address
Cellular Page #'s
Cellular Page #'s
Admission Entry Feel In Advance: 515 Day of: $25
Overall Attendance Estimate[ 200 Largest Onetime Attendance Estimate
City of Pearland
Special Event Permit Application
Exhibit "A"
Resolution No. R2011 -132
To apply for a Special Event Permit, complete this application.
Submit this application form, in both a hard copy and on disk or
email along with an Event site plan and a $50.00 Application Fee
payable to the City of Pearland, clo the Recreation Superintendent.
This Application must be received at least sixty (60)
days prior to your event to be considered for
approval.
December 10, 2011 l Event End Datel December 10, 2011
Longevity of Event 18 Years! Alcohol Served
Corporate ID#
Non Profit Corp.
225
Bike Race/Tour
Carnival Fair
No
Shadow Creek Ranch, Mr. and Mrs. Dave Beckman, JoAnne Knodel, Texas Honing, various KPB members and private
citizens
The event venue includes the pavilion at Independence Park, Liberty Drive and the streets in the Green Tee Subdivision.
x
76- 0083606
cowles (a�keeppearlandbeautiful.orq
Cellular f Page #I
A casual 1 112 hour evening recreational ride to view the Christmas lights of Green Tee Subdivision. The ride begins at the
pavilion in Independence Park. It leaves the park promptly at 7 p.m., goes down Liberty Drive and crosses FM 518 to Green
Tee, circling around the subdivision and returning to the park by 8:30 p.m. In addition to the riders, the procession includes two
or three hay wagons provided by the Pearland Parks and Recreation Department. Following the ride, hot chocolate and
Effective 4 -25 -08 Page 1 of 6
Event Start Date
2nd Event Date
3rd Event Date
4th Event Date
5th Event Date
10- Dec -11
Time Open to Public
Actual Event Start Time
Music Sound Start Time (inc. sound checks)
Alcohol Service Start Time
Time Open to Public
Actual Event Start Time
Music Sound Start Time (inc. sound checks)
Alcohol Service Start Time
Time Open to Public
Actual Event Start Time
Music Sound Start Time (inc. sound checks)
Alcohol Service Start Time
Time Open to Public
Actual Event Start Time
Music Sound Start Time (inc. sound checks)
Alcohol Service Start Time
Time Open to Public
Actual Event Start Time
Music Sound Start Time (inc. sound checks)
Alcohol Service Start Time
Time Closed to Public
Actual Event End Time
Music Sound End Time
Alcohol Service End Time
Time Closed to Public
Actual Event End Time
Music Sound End Time
Alcohol Service End Time
Time Closed to Public
Actual Event End Time
Music Sound End Time
Alcohol Service End Time
Time Closed to Public
Actual Event End Time
Music Sound End Time
Alcohol Service End Time
Time Closed to Public
Actual Event End Time
Music Sound End Time
Alcohol Service End Time
9:00 p.m.
9:00 p.m.
n/a
n/a
Food Served /Sold at Event
Other Items Services Sold
Effective 4 25 08
Yes
Cooking Method Charcoal
(check all that apply)
Merchandise Sold at Event
No
No
of Vendors
of Vendors of Non Profit Vendors
Describe Items /Services
of Vendors
Event Merchants Vendors Information
0
of Non Profit Vendors
of Food Vendors Needing Electricity
Gas /Propane Electric
of Merch. Vendors Needing Electricity
of Non Profit Vendors
of Vendors Needing Electricity
City of Pearland
Special Event Permit Application
0
of For Profit Vendors
of Food Vendors Needing Water
Other'
of For Profit Vendors
of Merch. Vendors Needing Water
of For Profit Vendors
of Vendors Needing Water
C
Event Venue Set -up Date(s)
Venue Break -down Date(s)
Additional Venue(s) or Site(s required
for Event Set -up or Staging of equipment
Requested Street(s) To Be
Closed
Proposed Date(s) Times of
Street Closures
10 -Dec -11
10- Dec -11
Event Venue Set -up Break -down Information
Set -up Start Time
Break -down Start Time
4:30 p.m.
9:00 p.m.
Set -up Finish Time
Break -down Finish Time
Temporarily stop traffic at FM 518 and Liberty to allow riders to cross at beginning and end of ride.
5:30 p.m.
9:30 p.m.
Page 2 of 6
Dumpsters
Portable Toilets
Trash cans
Recycling Containers
Banners or signs
Fencing, barricades
Special Lighting
Shuttle Services
Site Decorations
Catered Food
Live Entertainment
Yes
No
No
Yes
No
No
No
No
No
No
Quantity
Quantity
Quantity
Quantity
Quantity
Type
Describe
Describe
Describe
Describe
Describe
Security No Describe
Traffic control No Describe
Will you be supplying any of the following items or elements at your Event?
(Check complete all that apply)
2
6
Stage, bleachers or other structures
Event web site or hot -line phone
Fireworks, fires or pyrotechnics
Name of Fireworks Contractor
Booths, exhibits or displays
Tents or canopies
Vehicles trailers
Animals
VIP Area
Amplified
Music /Sound
Rides, inflatables
other amusement
items
No Quantity Describe
No URL or Phone
No Describe
No
No
No
No
No
Yes
Quantity
Quantity
Quantity
Quantity
Describe
Describe Portable sound system for announcements
No Quantity IDescribel
Phone
Describe
Size Sq. Ft.
Describe
Describe
Are you requesting that the City of Pearland provide any of the following items or elements for your event?
(Check and complete all that apply)
Electrical Service
Water Service
First Aid Service
Crowd control Barricades
Unique Grounds Preparation Needs
Traffic Control
Security
Event -day staff
Other City Services
Yes
No
No
Yes
No
Yes
Yes
Yes
Yes
Describe Lights at the Pavilion and electricity for sound system and hot chocolate pots
Describe
Describe
Describe Barricades to block off road into the park from 6:45 p.m. until all riders have left
Describe
Describe Police to block traffic at FM 518 to allow riders to cross at the beginning and end of ride
Describe Police Bike Team to act as ride marshals
Quantity 4 Bring tables and chairs to the park and set them up and take them back down.
Hours 4 Duties Help put up signs. Drive the two wagons for the hayride.
Describe
Provide 3 12-foot tables, 4 6 -foot tables, and 12 chairs
Describe your anticipated needs for crowd control, Police, Event security, First Aid Services and Disabled Parking
We need a police presence at the entrance to the park at 6:45 to prevent people from entering the park until the ride gets underway
promptly at 7 p.m. A member of the EMS bike patrol rides with us to provide First Aid Services. Because of the nature of the event, we do
not anticipate any need for Disabled Parking.
Effective 4 25 08
City of Pearland
Special Event Permit Application
Page 3 of 6
Outline in detail the duties your Event -staff will perform during the Event, include such items as staffing entry and
exits points, beer/wine garden area(s), stage area(s), clean up of debris and litter during and post- event,
supervision of parking areas, etc.. How many Event staff members will you have on site during the Event, and
how are will you obtain these event staff?
Event staff and volunteers will set up the registration area, staff registration and check -in tables, give instructions to the participants on
safety, rules, etc. and judge the bike decorating contest prior to the ride. They will serve refreshments at the end of the ride and keep the
area clean and free of debris. We estimate a total of 20 event staff, including two KPB employees and about 16 KPB volunteers and 2 or
3 HEB employees who will serve cookies to the riders.
Describe your plans for notifying residents and businesses whose traffic
patterns and operations are affected by your Special Event.
We will place a sign at the entrance to Green Tee a week before the ride to notify motorists that the intersection will close briefly for the
riders to cross.
Outline your plans for marketing and promoting your Special Event, include information on all
media and other sources of promotion.
We will advertise through the local papers, on our website and cycling websites, on social media and through direct mail, sending ride
brochures and applications to our mailing list and everyone who has previously participated in the ride. We will also place brochures in
local businesses, City Hall and other locations around the city. A slide will be submitted for the CityView TV channel and the information
will be sent to the Chamber of Commerce for their email distribution.
Liability Insurance Information
A Certificate of Insurance for this Event must be presented to the City of Pearland (c /o Recreation Superintendent) no later than 15
calendar days prior to the Start Date of the Event. If the information requested below is not available when this Application is submitted,
it can be added later, but not later than the 15 day deadline previously noted.
Insurance Agency
Business Phone
Address
Effective 4 25 08
Pearland Insurance Agency
281 -412 -5772
1742 O'Day Road
Policy #1 10CG57463
Agents Name
C
ty
Pearland
City of Pearland
Special Event Permit Application
Joyce Ellis
Policy Limits
$2,000,000.00
State
TX
Zip177581
Page 4 of 6
Indemnity Agreement: Tour de Lites Family Bike Ride
In consideration for the City of Pearland granting the undersigned Event Organizer representative permission to hold the proposed event
on public property and to display, sell or offer for sale wares, services, and/or food or merchandise within the perimeters of their event
venue, the undersigned agrees to assume the defense of and indemnify and save harmless the City, it's employees, offices and agents
against any and all claims, liabilities, judgments, costs, causes of action, damages, expenses, and shall pay all attorney's fees, court
costs and other costs incurred in defending such claims, which may accrue against, be charged to, be recovered from or sought to be
removed from the City, its employees, officers and agents by reason of or on account of any personal injury or death or damage to
property arising from the undersigned's event and associated activities, if such personal injury or death or damage of property is caused
by the acts or omissions or negligence of the undersigned, or the undersigned's employees and agents or by such acts, omissions or
negligence of any other person subject to the undersigned's control.
The City, its employees, officers and agents shall not have to give the undersigned any specific types of notice of such claims.
Witness the following signature (Event Organizer signature):
Keep Pearland Beautiful
Linda Cowles
Witnessed by:
(Signature)
Affidavit of Applicant: Tour de Lites Family Bike Ride
I certify that the information contained in this Special Event Permit Application is true and correct to the best of my knowledge and belief,
that I understand, and agree to abide by the all regulations, provisions and rules governing Special Events as set forth by the City of
Pearland. That I understand that this Application is made subject to the rules and regulations established by the Pearland City Council. I
agree to abide by these rules and further certify that, on behalf of the organization, I am authorized to commit that organization, and
therefore agree to be financially responsible for any cost and fees that may be incurred by or on behalf of the Event to the City of
Pearland
Applicant
Linda Cowles
Title (Print of type)
Signature of Applicant (Event Organizer)
Date of Application
A signed hard copy of the Indemnity Agreement and Affidavit of Applicant portions of this Special Event Permit
Application must be provided to the City before an Application will be considered fully executed. Submit a hard
copy and an electronic version (either email or disk) of this Special Event Permit Application to Colene
Cabezas, Recreation Superintendent, City of Pearland Parks Recreation.
Phone: 281 -412 -8916
Pearland Parks Recreation
4141 Bailey Rd., Pearland, TX 77584
Fax: 281 412 -8911 Email: ccabezas @ci.pearland.tx.us
Effective 4 -25 -08
City of Pearland
Special Event Permit Application
Page 5 of 6
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 after publication.
PASSED and APPROVED on FIRST READING this the 24th day of
March, A.D., 2008.
TOM REID
MAYOR
2
ORDINANCE NO. 1348
ATTEST:
a>-` :x:
UN OR I R
ITY S CRETARY
PASSED and APPROVED on SECOND and FINAL READING this the
14th day of April, A.D., 2008.
c===--)m 1))&-ef)
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
ATTEST: APRIL 14,2008
Voting"Aye"-Councilmembers Owens,Beckman,Saboe,
and Cole.
•
UN/ C • 7
=F- Voting"No"— None.
TY CRETA Y 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
a"--: f• 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 5
E. WHEN APPLICATION IS DEEMED FILED 5
F. LNDEMNIFICATION AND REIMBURSEMENT AGREEMENT 5
G. PAYMENT OF CITY SERVICES 5
H SECURITY DEPOSIT 5
I. INSURANCE 6
J. PERMITS NOT TRANSFERABLE 6
K. ORDER 6
L. AMENDMENT OR REVISION OF APPLICATION 6
M.CONDITIONAL APPROVAL 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;GROUNDS FOR DENIAL 7
R. WRITTEN ESTIMATE OF CITY SERVICES COSTS 9
S. WRITTEN POST-EVENT REVIEW 9
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 or fire 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 or governmental 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's budget.
"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 at a Special Event.
"Fees" means charges to Event Organizers for City Services, venue usage and 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 by federal 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 by an Event Organizer for a
Special Event, including, but not limited to, cash receipts, licensing, sponsorships,
advertising and similar revenues, and concessions.
Ill. 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 port a 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 clean up 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 by a 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
$50.00 application 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 Reimbursement Agreement
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 permittee 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. 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 Not Transferable
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 accepted within sixty
(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 Page 6 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 that all
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 Permit 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.
O. 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 by the 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 by the 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;
o. 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.
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 Permit Application 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
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
Revised Mar.2008 Special Events Policy Page 9 of 12
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 Event poses 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 The 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
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
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
beer and/or wine.
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.
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