§ 22-151. Issuance of permits.

(a)

Permits may be approved by the Salisbury Police Department upon meeting the following requirements:

(1)

A written application for a public street festival, including street closures, must be submitted to the Salisbury Police Department at least sixty (60) days prior to the proposed public street festival. A detailed site map indicating, at a minimum, the stage area, concessions, tables and seating area, parking areas and locations where the road may be blocked off shall also be required. A copy of the application and permit shall be submitted and retained by the office of the city clerk.

(2)

A statement of the event organizer intent whether to serve or to allow the consumption of beer and wine. If serving alcoholic beverages, the event organizer must comply with all applicable ABC laws and regulations and an ABC permit must be obtained, and a copy provided to the City of Salisbury, no less than fifteen (15) days prior to the event. The event organizer's ABC permit must be in good standing and the applicant must not have been cited for any violation of its ABC permit for the premises within the previous three-year period. If the event organizer has been cited, the event organizer must provide a statement describing the circumstances for which it was cited and describing what, if any, penalty was imposed for the incident; and

(3)

The event organizer's plan must also indicate that festival area must be maintained, and all debris or refuse removed from the area, at regular intervals during the business day so as to maintain an orderly appearance and to prevent the attraction of vermin, insects, or other pests to the area. The plan must also indicate that the event organizer must maintain an unobstructed path for pedestrian travel on the sidewalk at least five (5) feet wide at all times and that the event organizer agrees to remove all obstructions and additions to the festival area immediately upon completion of the festival in order to open the streets to public use as soon as possible; and

(4)

The event organizer agrees that at no time shall anyone be allowed to block access to a fire hydrant in street festival area. Fire hydrants and first-aid stations shall be designated on the site plan for permitted events; and

(5)

The event organizer, or an authorized officer or member if the event organizer is not an individual, must sign an agreement to indemnify and hold the City of Salisbury harmless from any and all claims of property damage, personal injury or death arising from or related to the provision of outdoor table service at the establishment; and

(6)

Certificate of insurance indicating that the event organizer has, or will have, in place for the duration of the permit period, liability insurance with a minimum limit of one million dollars ($1,000,000.00) for the premises and all activities conducted thereon.

(b)

In the review of street festival permit requests, the police department shall be guided by the following considerations:

(1)

The number of permits issued and the area or areas for which such permits are issued in relation to crowd density, traffic control, the ability to protect persons and property, fire prevention and control, general safety and availability of city assets and resources to ensure the reasonable protection of the general public.

(2)

In those instances in which the police chief, or designee, considers city resources to be insufficient to meet the above considerations, the police chief, or designee, may require the event organizer for such permit to provide, at the event organizer's expense, adequate and qualified security personnel for the duration of the permit.

(3)

The police chief, or designee, shall have the authority to designate the boundaries of any permit request area. To accommodate such an event, the police chief, or designee, is further authorized to temporarily close any public streets, sidewalks or other city owned areas within the boundaries so designated in the permit application. Where such streets, sidewalks, or other city owned areas are temporarily closed, they shall be for the general use of the public.

(Ord. No. 2018-18, § 1, 4-17-18)