It shall be unlawful for any person, individual, organization or business to use public parking lot for any private purpose or special event without a permit approved by the Governing Body upon submission of an application per this Article to the City Clerk’s office no later than two (2) weeks prior to the City Council meeting before the planned event. “Special Event” shall mean a temporary, short-term use of a public parking lot for uses, including but not limited to, the following:

(a)   Fundraising or non‑commercial events for nonprofit religious, educational or community service organizations.

(b)   Promotional activities intended to attract attention to a specific place, business, organization, event or district, such as outdoor entertainment or display booths.

(c)   Public events primarily for entertainment or amusement, such as concerts or festivities.

The City Council shall establish permit fees for special events permitted under this Article. Not‑for‑profit associations, organizations or individuals shall be exempt from payment of the established fees. The approved fee shall be published in the City Fee Schedule.

Any person, individual, organization, association or business that wishes to use a public parking lot for a special event shall make application to the City Clerk’s office as provided in Section 13‑301 on application forms provided by the City Clerk’s office which requests the following information:

(a)   The name of the applicant/sponsor of the event.

(b)   The purpose of the event.

(c)   The public parking lot(s) requested.

(d)   A clear diagram of the area of the public parking lot to be used.

(e)   The dates and times of the event.

(f)   The need for Police, Fire, EMS or other municipal services.

(g)   Security for the event.

(h)   Certificate of Insurance that names the City as an additional insured.

(i)    Statement that the applicant will clean the entire parking lot and surrounding area immediately following the end of the event.

(j)    Not‑for‑profit organizations, association or individuals must provide proof of their non‑profit status. A not‑for‑profit certificate of good standing from the Kansas Secretary of State is an acceptable proof for purposes of this Subsection.

(k)   Unincorporated associations, organizations or individuals not registered with the Kansas Secretary of State requesting use of a parking lot for a not‑for‑profit event or activity must provide certification of their not‑for‑profit status.

(l)    All applicants must have or obtain all applicable business licenses and ensure vendors that participate in the event have or obtain an occupational license from the City.

(a)   No more than four (4) special event permits will be approved per calendar year to any individual, business, association, or organization for the use of a public parking lot, except for City sponsored events.

(b)   Any event or activity that a for‑profit individual, business, association or organization co‑sponsors, promotes or participates in any way with any not‑for‑profit qualified individual, business, association or organization as defined in Subsection (j) or (k) of Section 13‑303, will count as an event for the for‑profit entity.

(c)   No permit will be approved for more than three (3) consecutive days, except for the carnival for Tiblow Days and other City sponsored events.

(d)   No permit will be issued for use of the Centennial Park Parking Lot that is within thirty (30) feet of Centennial Park.

(e)   No permit will be approved that will conflict with the Annual Chamber of Commerce Tiblow Days, Marble Days or any other City approved celebration.

(f)   Activities for any approved event shall not take place between the hours of 12 a.m. midnight and 6 a.m. of any day of the permitted event.

(g)   No permit will be issued in conflict with any Zoning Ordinance, or other City Ordinance or regulation.

(h)   Sale, possession and/or consumption of alcoholic beverages or cereal malt beverages require separate permits per Chapter III Beverages, Article 1 General Provisions, Sections 3-104 and 3-105 and Chapter 8 Temporary Permits of this Code. Applications for these permits shall be submitted at the same time as the permit required in this Article. At any Farmers’ Market, a Kansas Farm Winery licensee, with proof of licensure from the Kansas Department of Revenue, Alcoholic Beverage Control Division, may sell their domestic wine in the original unopened container which was produced and bottled by the licensee.

(Code 2014; Ord. 2445)

Any applicant using a public parking lot pursuant to a valid permit pursuant to this Article shall prominently display the permit at the special event site, or have the permit available to display to any officer or employee of the City upon demand.

The City Manager or designee, may suspend or revoke a permit issued under this Article if:

(a)   The permittee fails to meet the conditions imposed on the issuance of the permit.

(b)   The permittee violates any provision of this Code or other ordinance of the City governing the activities permitted by the permit.

(c)   The permit was obtained by fraud or misrepresentation.

Notwithstanding that a permit may have been issued for the private use of the public parking lot pursuant to this Article, no person shall make any use of the public parking lot that constitutes an immediate hazard requiring immediate action to protect the public.

(a)   Any person who violates the requirements of this Article shall, upon conviction, be fined not less than $20.00 nor more than $500.00, or be imprisoned for not more than thirty (30) days, or be both so fined and imprisoned. Each day that a person violates the requirements of this Article shall constitute a separate offense.

(b)   The violation of any condition imposed on the issuance of a permit shall constitute a violation of this Article.

Any person may appeal to the City Council from the denial, suspension or revocation of a public parking lot use permit or the conditions imposed on the issuance of a permit by the City Manager or designee. Notice of such appeal must be given in writing to the City Clerk within fifteen (15) days of the denial, suspension, revocation or conditional issuance of the permit.

(Ord. 2304)