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Home My WebLink About20070220 - VII-2/VIII-C-1F&M FLUEGEL & MOYNIHAN P.A. Donald J. Fluegel Shawn M. Moynihan Daniel J. Fluegel Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 February 1, 2007 Mayor Paul J. Hicks and City Council Members Hastings City Hall 101 East 4"' Street Hastings, MN 55033 vii-2 viii-~-~ Telephone 6511138-9777 Fax 651-438-9775 Re: Special Event Proposed Ordinance Dear Mayor and City Council Members: Council Approval Request Adopt the first reading of the attached Special Event Ordinance and order a public hearing for the next city council meeting- Backprountl. City staff has been working with [he Chamber of Commerce and Hastings Cmise-In to try to develop a way those entities, or similar entities, could charge temporary vendors a permit fee to sell during their respective events. These temporary vendors would still need a license from the city. There is nothing in city code that would allow these sponsoring entities to charge a permit fee before the city would issue the temporary license. City staff has worked on this problem and we believe we have a solution. The attached Ordinance outlines the proposal for the council's consideration. Essentially, the council would be creating a new class of temporary license known as a "Special Event" license. A Special Event is a festival, city wide celebration or other happening which is designated by Resolution of the city council. Once the city council designates an event as a "Special Event" the city will not issue any peddlers or transit merchant licenses until the applicants have obtained a permit from the sponsoring entity. The sponsoring entity can charge a fee if it wishes to do so_ It is anticipated that the revenue generated by this sponsoring entity from these permits will help to offset the expenses of the Special Event. The rational for requiring a vendor to get a permit from the sponsoring entity is based on public safety. When you have an activity like Rivertown Days or Hastings Cruise-In, careful placement of temporary vendors is necessary to protect the public safety. If these temporary vendors are allowed to setup their booths anywhere, public safety issues could be created. Such issues could include blocking emergency vehicle access, fire safety issues and pedestrian and vehicular traffic flows. We believe this concern for ' Atso admitted to practice in Wisconsin public safety is a legitimate reason to require temporary vendors to get a permit from the sponsoring entity. As part of the application to become a Special Event, the sponsoring entity will need to show where it proposes to locate these temporary vendors so that the City's public safety staff can review it to make sure the public safety is being protected. If the city council is in agreement with this concept, the council should pass [he first reading of this ordinance and order the public hearing for the next city council meeting. Very truly yours, FLUEGEL & MOYNIHAN, P.A. Shawn M. Moynihan City Attorney SMM/ham Enclosure AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HASTINGS ALLOWING THE CITY COUNCIL TO DECLARE A "SPECIAL EVENT" AND ISSUE A SPECIAL EVENT PEDDLER'S AND TRANSIENT MERCHANT'S LICENSE WHICH IS VALID ONL Y IN AREAS DESIGNATED BY THE COUNCIL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS That the Hastings City Code shall be amended by adding the following provisions: _ - I. Hastings City Code Section 5.40, Subd. 2 shall be amended to add a new Subd. 2(d) to read as follows: Subd. 2(d) Special Event. A festival, city wide celebration or other happening which is designated as a "Special Event" by resolution of the city council, which resolution shall define the dates and locations of the Special Event. II. Hastings City Code Section 5.40, Subd. 5(J) shall be deleted in its entirety and replaced with the following new subparagraph J. "`" --~'--~ Subd. 5(J). Any license issued under this Chapter shall not be valid during any Special Event designated by resolution of the city council. Separate Peddler's and Transient Merchant's licenses shall be required for any Special Event. III. Hastings City Code Section 5.40, Subd. 5 shall be amended to add the following new paragraph L to read as follows: Subd. 5(LLpecial Event. The following standards apply to all Special Events designated by council resolution. A. Only those Peddler and Transient Merchant licenses issued specially for the Special Event shall be valid during the term and location of the Special Event as designated by council resolution. All other Peddler and Transient Merchant licenses shall be invalid within the parameters set by the council resolution creating the Special Event. B. To protect the public safetybyhaving an orderlyplacement ofPeddlers and Transient Merchants within the location of the Special Event, Peddlers and Transient Merchants applying for a license for the Special Event shall be required to obtain a permit from the entity sponsoring the Special Event. The sponsoring entity may charge a fee for its permit. C. The city will not accept an application for or issue a Special Event peddler or Special Event transient merchant license to any applicant that has not first obtained a permit from the sponsoring entity of the Special Event. D. An applicant for a Special Event Peddler or Special Event Transient Merchant license must complete the application required by the city and pay the required license fee in addition to any permit fee required by the sponsoring entity of the Special Event. E. Any entity seeking a Special Event designation must supply all information required by the city, including but not limited to, the dates, location, type of event, number of vendors expected and the proposed location of the vendors. This request must be submitted to the city at least 45 days before the first date of the event. _ - F. Any Special Event Peddler or Special Event Transient Merchant license issued by the city shall be valid only during the dates of the Special Event and only in the location of the Special Event. G. Fees for any Special Event Peddler or Special Event Transient Merchant license shall be set by ordinance by the city council. IV. LICENSE SUSPENSIONAND REVOCATION. Any license issued under this section maybe suspended or revoked at the discretion of the city council for violation of any of the following: Violation of any conditions imposed on a permit issued by sponsoring entity of a Special Event. V. CURRENT HASTINGS CITY CODE SECTION 5.62. (Propose to be re-codified as Section 110.14) IS HEREBYAMENDED TO READ AS FOLLOWS: LICENSE REQUIRED. It is unlawful. for any person to sell or offer for sale any merchandise or service on any street or public property without a license therefore from the city. Before issuance of any such license, the council shall require a report from the Public Works Director as to any possible traffic hazard or danger to persons or property that are reasonably foreseeable if the license is issued. Any such license issued shall not be valid during a "Special Event" as defined by city code. VI. The Hastings City Clerk and Hastings City Attorney are authorized to place this ordinance in the new re-codified ordinance, once that is completed, in the location they deem appropriate. VII. VIOLATIONA MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this chapter when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor. This ordinance was adopted by the Hastings City Council on this day 2007. CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST.• Melanie Mesko Lee, Administrative Asst./City Clerk