ADMINISTRATION - Catherine Sorensen, City Clerk
Title
SECOND READING
ORDINANCE AMENDING CHAPTER 70 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE II. - SPECIAL EVENTS OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
Background
Staff has seen an increase from event planners promoting special events prior to obtaining City approval. This proposed ordinance would provide a mechanism for the City to potentially deny or revoke a special event license if promoted prior to City approval.
During review of this ordinance Council has shared concerns relating to potential First Amendment rights, expediting approval if needed, and expanding the application period to 90 days for example to allow enough time for a sponsor to determine if an event is feasible. While consequences resulting from promoting an event prior to approval would not involve the City this amendment would hopefully serve as just a tool that could eliminate confusion. Staff has processed 22 applications so far this year, most of which were received outside the required 45-day window. Since this is a new ordinance that many event organizers are not aware of staff has been very flexible with deadlines and increasing that application window may not be very feasible, especially since many are first-time events. If necessary though, Section 70-44(d) allows for an exception by the City Manager or designee to the special event approval process at their discretion.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Chapter 70 - SPECIAL EVENTS, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE II. - SPECIAL EVENTS ON PUBLIC LANDS OR PRIVATE PROPERTY WITH COMMERCIAL, REGIONAL RECREATIONAL OR INDUSTRIAL ZONING OR LAND USES
Sec. 70-42. - License.
(a) Required; application; health regulation compliance.
(1) No person shall promote or conduct a special event as defined in this article without first obtaining a license therefor from the city. Event promotion, including but not limited to advertising, marketing, publicizing and registration, of any special event prior to first obtaining a license from the city may be a consideration in the determination of whether to grant a license.
Sec. 70-48. - Violation; penalty.
(a) Any person who violates any provision of this chapter or who violates any condition or requirement of a license issued pursuant to this chapter shall be guilty of a misdemeanor.
(b) Licenses issued under false pretenses shall be immediately revoked.
(c) Ability to reapply. Any applicant who has violated any of the provisions of this chapter shall not be eligible to apply for a new license for a period of two years following the expiration or termination of the applicant's last previous license or from the date of any event that did not have a license.
INTRODUCED AND READ in full the 7th day of September, 2017.
PASSED by the City Council of the City of Blaine this 21st day of September, 2017.