6.20.050 Application – Fees – Cost Recovery.
(1) Application for a permit to hold an actual or anticipated special event shall be made in writing to the Provo City Customer Service Division (Customer Service Division).
(2) The application shall contain a certification made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed upon penalty of perjury by the person making the application, or the person’s duly authorized agent. A false statement shall be unlawful.
(3) The application shall contain and disclose:
(a) The name, age, residence and mailing address of the individual signing the application and the names and addresses of the person(s) applying for the special event permit; and, in the case of a person not a natural person, a certified copy of the legal document(s) creating said entity;
(b) The address and legal description of all property upon which the assembly is to be held together with the name, residence and address of the record owner(s) of such property or a map providing such information;
(c) If the property is not owned or controlled by Provo City, proof of ownership, lease, license or right to use all property upon which the special event is to be held or a statement made upon oath or affirmation by the record owner(s) of all such property that the applicant has permission to use such property for the special event;
(d) The nature or purpose of the special event;
(e) The total number of days and/or hours during which the special event will be held;
(f) The maximum number of persons, vehicles, and animals which the applicant shall permit to assemble at any time, not to exceed the maximum number which can reasonably assemble at the location of the special event as provided by this Chapter;
(g) The maximum number of tickets to be sold, if any;
(h) A complete description of all plans and arrangements made to comply with Section 6.20.040, Provo City Code, including the following information:
(i) If the event is or includes a parade:
(A) The proposed route to be traveled, including the starting point and the termination point;
(B) The approximate number of persons who, and number and type of animals and vehicles which, will constitute the parade;
(C) The proposed time when the parade will start and terminate;
(D) A statement as to whether the parade is intended to occupy all or only a portion of the width of the streets proposed to be traversed;
(E) The proposed location of any assembly and disbanding areas for such parade;
(F) The proposed time at which units of the parade will begin to assemble at the assembly area and will be finished disbanding at the disbanding area;
(G) Minimum and maximum speed of parade units;
(H) Maximum interval of space to be maintained between parade units;
(I) The maximum length of the parade in miles or fractions thereof;
(ii) The portions of the streets or sidewalks that may be occupied by the special event;
(iii) The number and location of tents, booths, bleachers or other temporary structures to be used;
(iv) The timing, location, and use of fireworks, smoke, or special effects or activities that may create a risk of fire or injury;
(v) A description of any sound amplification equipment, including the number and the proposed amplifying range and decibel level;
(vi) A description of any banners, signs, or other attention-getting devices proposed to be used in connection with the event;
(vii) A description of the types of animals; the types of vehicles to be used; the number of bands and other musical units and sound trucks to be used;
(viii) The number of persons who will be designated to monitor the event and the name of the person in charge; and
(ix) Such other information as the Fire Chief and/or Police Chief, or the Police Chief's and/or Fire Chief’s designee(s) shall find necessary for the proper enforcement of this Chapter and the preservation of public safety.
(4) Fee. An application review fee shall be collected at the time an application is submitted to the City’s Licensing Division. The application review fee for special events shall be the amount set forth in the City Consolidated Fee Schedule. This fee is intended to cover the City’s cost of reviewing the application and therefore is not refundable even if the permit is denied.
(5) Cost Recovery. If the application requires or requests the use of any City services, the applicant shall reimburse the City for all charges applicable for any such services agreed to be provided by the City. Unless rates for City services have been established by ordinance of the Municipal Council, standardized rates for City services may be established by administrative directive of the Mayor, which rates may not exceed the reasonable costs of providing such service. Rates established by administrative directive of the Mayor shall be reviewed annually and are subject to revision or updating, as needed, as a result of such review.
(6) Immediately after the special event, the permit holder shall be responsible for cleaning the special event area of litter and debris and disposing of all waste in accordance with City rules and regulations unless the City has agreed to provide such services. The permit holder shall also be responsible for immediately restoring property damaged, disturbed, or defaced in connection with the special event to the same condition existing before the event.
(7) Prior to the issuance of a special event permit, the applicant shall provide a deposit, in an amount equal to an estimate of:
(a) All City services agreed to be provided by the City; and
(b) The City’s cost of cleaning the special event area of litter and debris and restoring any City property damaged in connection with the special event, if not adequately performed by the applicant. Such deposit shall be in the form of a cash deposit, or a bond issued by surety acceptable to the City or an irrevocable letter of credit issued by a federally insured bank or savings institution licensed by the State of Utah, which bond or letter of credit shall be in a form approved by the City Attorney or the City Attorney’s designee. Such deposit may be reduced for good performance by the applicant for three (3) consecutive years at previous special events as evidenced by prior events or other documentation and no outstanding amount owed to the City. Such deposit may be increased if the applicant has at a previous special event failed to comply with the requirements of the permit or failed to pay invoices in a timely manner.
(8) Within a reasonable time after the conclusion of the event, the City shall mail or deliver to the permit holder an invoice for the cost of City services provided by the City and any costs incurred by the City in restoring the site. If the amount exceeds any cash deposit, the permit holder shall pay the unpaid portion of the invoice amount within thirty (30) days of the date that the invoice was mailed or delivered. If the amount is less than any cash deposit, the City shall return the excess to the permit holder within thirty (30) days.
(9) Provision of City services is based on availability. If such services are not available from the City, it shall be the applicant’s responsibility to procure the services, either desired by the applicant or determined to be necessary by the City, at the sole expense of the applicant. Notwithstanding anything to the contrary in this Chapter, the City shall not be required to provide any service beyond basic public safety services and those services that are necessary to keep the peace and maintain order.
(10) Indigent applicants for planned public assembly permits may be exempted from certain fees upon compliance with Sections 6.20.040(5) and (6), Provo City Code.
(11) The City shall also be entitled to recover from the special event applicant or the organizer of an unpermitted special event or public assembly any costs incurred by the City that are attributable to the unlawful conduct of the applicant or event organizer and any fees originally waived by the City for the applicant for a planned public assembly permit who claimed indigency on the application, but who is found not to be indigent.
(12) Applicant Evaluation Process. Applications are processed as they are received. Applications for special event permits shall be submitted at least sixty (60) business days prior to the date of the desired special event. Applications submitted later than sixty (60) business days prior to the desired special event may be denied if the City in the ordinary course of business is unable to arrange the necessary support services for the special event. Applications for a special event shall not be accepted sooner than October 1 of the prior calendar year.
(13) Applications for a special event shall:
(a) Be evaluated on a content-neutral basis to the extent required by law;
(b) Be evaluated and responded to by the City:
(i) Within forty-five (45) business days from the receipt of the application, or
(ii) Within five (5) business days from the receipt of a completed permit application for a planned public assembly:
(A) That is intended to respond to current events, and
(B) Which depends for its value on a timely response.
(14) Special event applications that require support services shall be referred to and reviewed by a City Special Events Review Committee established by the Mayor and comprised of representatives from various City departments who are routinely involved with the review of special event applications and providing support services for special events. Given the City’s limited resources and the impact to the community, the Mayor or Mayor’s designee shall have authority to limit the number of special event permits in any one (1) calendar year and may establish courses for parades and races to minimize disruption to the public or prevent conflict among groups seeking to use the same route, time, location, or resources.