§ 20.80.1520. Conditions for issuance of permits for outdoor private property special events.

A.

No event permit for a outdoor private property special event shall be issued unless the following conditions have been met and the applicant agrees in writing to comply with these conditions:

1.

All amusement rides, booths, tents and equipment shall be located at least twenty (20) feet from all frontage streets.

2.

The outdoor private property special event venue shall have direct vehicular access from a public street.

3.

The size, configuration and location of the outdoor private property special event venue shall be suitable for the proposed number of attendees taking into account other events which are scheduled to occur during the same time period at locations in proximity to the proposed site for the outdoor private property special event.

4.

The outdoor private property special event applicant has made provision for each of the following:

a.

refuse disposal and sufficient trash receptacles within the event site;

b.

litter removal within a three hundred foot radius of the boundaries of the event site;

c.

scheduled maintenance of the outdoor private property special event venue during the course of the event, including removal of animal waste, if applicable;

d.

sanitary facilities, including adequate restrooms and/or portable toilets.

5.

The San José police department has approved the applicant's security and traffic plans, if applicable. The thresholds for requiring either a security or traffic plan or both shall be set forth in the regulations issued pursuant to this part.

6.

The applicant shall be responsible for reimbursing the city for the direct cost of police services in the event that the outdoor private property special event requires extra police services in addition to the regular patrol services provided in the police district in which the outdoor private property special event site is located. The criteria for assessing whether the outdoor private property special event will necessitate additional police services shall be set out in the regulations issued pursuant to this part.

7.

The applicant shall be responsible for reimbursing the city for the direct cost of litter removal within a three hundred foot radius of the boundaries of the event site in the event that the applicant fails to comply with this requirement.

8.

The San José fire department has approved applicant's plans for fire control devices, tents and canopies, cooking equipment, pyrotechnics and emergency vehicle access, if applicable.

9.

The California Department of Alcohol Beverage Control has issued a permit for the sale of alcohol or the applicant has certified that the sale of alcohol will not occur.

10.

The applicant will provide written notification of the outdoor private property special event, including time, date and description of activities to property owners within three hundred (300) feet of the outdoor private property special event site at least fourteen (14) days in advance of the first day of the event. An event permit holder who is issued a permit fewer than fourteen (14) days in advance of the first day of the event shall provide the required notice within twenty-four (24) hours following the issuance of the permit but no later than two (2) business days in advance of the first day of the event.

B.

The issuance of either a conditional use permit or a special use permit for an outdoor private property special event shall be subject to the conditions set forth in Subsection A.1. through A.9. of this section.

(Ord. 26248.)