Sponsor
Alderman Shakoor
Title
Ordinance No. 15-07
To create Sections 82-44, 82-45 and 82-46 of the Municipal Code of the City of Racine, Wisconsin relating to Streets, sidewalks and certain other public places - Street festivals; Application for permit; Street closing.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Sections 82-44, 82-45 and 82-46 of the Municipal Code of the City of Racine are hereby created to read as follows:
"Sec. 82-44 Street Festivals
Street festival means a public event sponsored by one or more individuals, businesses, or organizations held within a city street right-of-way or other public thoroughfare that has been temporarily closed for the occasion. Block parties, as defined in sec. 82-61 of this code, are not street festivals.
Sec. 82-45 Application for Permit
(a) An application for a street festival permit shall specify and include the following:
(1) The time and date during which the street will be closed.
(2) The exact portion of the street(s) to be closed.
(3) The full name and address of the sponsor(s) of the street festival; if any such sponsor is a partnership, the full names and addresses of each partner; and if any such sponsor is a corporation or limited liability company, the full name and address of each director of said corporation or company.
(4) A list of all hawkers, peddlers, businesses and organizations who have obtained permission from the respective festival organization to sell goods within the barricaded area of the street festival.
(5) A statement as to whether alcohol will be served, sold, or given away during the street festival.
(6) A statement as to whether alcohol will be permitted in the closed right-of-way.
(7) If any alcoholic beverages are to be served, sold, or given away during the festival, the following shall also be included:
(A) The name and address of the licensed agent for the sale of alcohol beverages.
(B) A specific plan indicating where alcohol will be served, where patrons will be permitted to carry the beverages, and how underage persons will be prevented from obtaining such beverages illegally.
(C) Evidence that the sponsor of the street festival has the proper licenses and permits to serve alcohol, and has obtained the proper documentation (such as a temporary change of premises) to allow them to serve, sell, or give away alcoholic beverages in the right-of-way.
(8) A description of the steps that will be taken to ensure the safety of all concerned.
(9) Evidence that the sponsor has obtained liability insurance in the amount of at least $1,000,000 per individual and $1,000,000 per incident or occurrence and has named the City of Racine as an additional insured.
(10) A statement that: “The sponsor agrees to indemnify and hold harmless the city its officers, common council, commissions, employees and agents from and against all liabilities, claims, demands, judgments, losses and all suits at law or in equity, costs and expenses including reasonable attorney fees, for injury or death of any person or loss or damage to the property of any person, firm, organization or corporation, including both parties thereto and their employees, agents, or volunteers arising as a consequence of granting the permit for such special event.” No permit may be issued unless the applicant agrees to the terms of this statement on the written application.
(11) Payment of the Special Event fee as determined by the Commissioner of Public Works under Sec. 2-531(d)(3).
(12) Any other rules promulgated by the common council.
(a) If any person who resides or does business in the blocked-off portion of the street objects to such closing, such objection shall be taken into consideration by the common council prior to the approval/disapproval of the street festival permit.
Sec. 82-46 Street Closing
(a) Upon application for a street festival permit, the chief of police may grant a permit to close a definite and limited portion of a city street. No such permit shall be granted when such closure will, will be likely or will tend to cause unreasonable traffic congestion; result in a disturbance of the peace; or endanger the public health, welfare and safety.
(b) The sponsor shall pay a Street Closing fee as determined by the Commissioner of Public Works pursuant to Sec. 2-531(d)(1)."
Part 2:
This ordinance shall take effect upon passage and the day after publication.
Passed by the Common Council
__________________________
Approved: ______________
__________________________
Mayor
Attest:
__________________________
City Clerk
Fiscal Note: N/A