O-3597-8-18 ORDINANCE NO.3597-8-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 8,LICENSES AND BUSINESS REGULATIONS,BY ADDING ARTICLE
VII,SPECIAL EVENTS;PROVIDING FOR A REPEALING CLAUSE;PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, finds it to be in the public interest to amend
regulations relating to the conduct of special events on property located within the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 8, "Licenses and Business Regulations,"by adding Article VII, "Special Events,"to read as
follows:
"ARTICLE VII.—SPECIAL EVENTS
Sec.8-172.—Definitions.
The following words and phrases, when used in this article, shall, shall have the
following meaning:
Applicant means a person who has filed a written application for a special event permit.
Block party means the use of a residential street for a neighborhood function for which
traffic control is required.
City manager means the city manager of the city, or designee.
City-sponsored event means a special event that the city council has (1) determined to
be directly related to a recognized function of city government, (2) committed the city to
significantly sharing in initiating, financing, supporting, and conducting the event, and (3)
declared by the city a co-sponsor of the event
Concession means a facility at a special event where food or drink is offered to the
public.
Director means the city director of Community Development, or designee.
Demonstration means a public display of the attitude of assembled persons toward a
person, cause, issue, or other matter.
Expressive activity means conduct, the sole or principal purpose of which is the
expression, dissemination or communication by verbal, visual, literary or auditory means of
opinion, views or ideas.
Parade means the assembly of three or more persons whose gathering is for the
common design and purpose of traveling or marching in procession from one location to
another location for advertising, promoting, celebrating, or commemorating a thing, date or
event that is not directly related to the expression of feelings and beliefs on political, religious
or social issues.
Permit means written approval from the director to hold a special event.
Sidewalk means that portion of a street intended for the use of pedestrians that is located
between the curb lines, or lateral lines of a roadway, and the adjacent property lines.
Special event means a temporary event or gathering, including a parade, using either
private or public property,which involves one or more of the following activities,except when
the activity is for construction or house moving purposes only:
(1) closing a public street;
(2) blocking or restricting access to public property including right-of-
way;
(3) sale of merchandise, food or beverages on public property or on
private property where otherwise prohibited by city ordinance;
(4) erection of a tent on public property, or on private property where •
otherwise prohibited by city ordinance;
(5) installation of a stage, band shell, trailer, van, portable building,
grandstand or bleachers on public property, or on private property where otherwise
prohibited by city ordinance;
(6) placement of portable toilets on public property,or on private property
where otherwise prohibited by city ordinance;
(7) placement of temporary informational or traffic control signs
including, but not limited to: no-parking, directional, or identification, special event
signs or banners in or over a public right-of-way, or on private property where
otherwise prohibited by city ordinance;
(8) requires public safety support based on City standards and ordinances;
(9) requires traffic control measures, not in conjunction with a street
closure.
Ordinance No.3597-8-18,Page 2
Sec.8-173.—General Authority.
(a) The Director shall implement, administer and enforce the provisions of this
article.The director has the authority to issue a special event permit that authorizes one or more
of the activities described in this Article when the requirements of this article have been met.
(b) The provisions of this article are cumulative of all city ordinances. Except as
provided in Subsection (c), tent permits, building permits, electrical permits, food
establishment permits, alcoholic beverage licenses, and all other permits and licenses required
by city ordinance or other law for specific activities to be conducted in conjunction with or as
part of the special event must be applied for separately, in accordance with the applicable city
ordinance or law. The director shall receive and coordinate applications for any city-issued
permit or license required in addition to the special event permit.
(c) Application for a special event permit authorizes appropriate city departments
to issue permits for the activities described in this article in locations where the activity would
otherwise be prohibited by city ordinance.
(d) A permit or license for the use of public right-of- way required by city
ordinance and any fees applicable to those permits and licenses, are not required for a special
event conducted in compliance with this article and the terms of a valid special event permit.
(e) The director is authorized to install temporary traffic control signs, devices,
and markings relating to the control of the speed, movement, and parking of motor vehicles in
association with traffic anticipated to be generated by a special event for which a permit has
been granted. A temporary traffic control sign, device, or marking shall have the same effect
as traffic control sign, device, or marking authorized to be placed by the traffic engineer
pursuant to Chapter 9,Art. IV of this Code.
Sec.8-173.—Exemptions.
The provisions of this article do not apply to:
(1) The Armed Forces of the United States of America,the military forces
of the State of Texas,political subdivisions of the State of Texas, and the forces of the
police and fire departments acting within the scope of their duties;
(2) A funeral procession proceeding by vehicle under the most reasonable
route from a funeral home, place of worship, or residence to the place of service or
place of internment;
(3) A peaceful demonstration at a fixed location which is not a street; or
(4) Sidewalk procession which observes and complies with the traffic
regulations and traffic control devices, using that portion of a sidewalk nearest the
street, but at no time using more than one-half of the sidewalk.
Ordinance No.3597-8-18,Page 3
Sec.8-174.—Application; Permit.
(a) A person desiring to hold a special event shall apply for a special event permit
by filing with the director a written application upon a form provided for that purpose. Each
application shall be accompanied by a non-refundable application fee in the amount determined
from time to time by resolution of the city council. An application for a permit for special
events shall be made not less than 45 days prior to the date and time of the commencement of
the special event. The director may waive the 45-day filing requirement if the application can
be processed in less than 45 days, considering the number and types of permits required to be
issued with the special event permit.
(b) An application to conduct a special event must contain the following
information:
(1) the name, address and telephone number of the applicant and of any
other person responsible for the conduct of the special event;
(2) a description of the special event, including any historical and
promotional information, and requested dates and hours of operation for the event;
(3) the estimated number of participants and spectators at the special
event;
(4) a drawing showing the area or route to be used during the special
event, along with proposed structures, tents, fences, barricades, signs, banners, and
restroom facilities;
(5) provisions for parking with a designation of where"No Parking" signs
or other signs will be used;
(6) details of how applicant proposes to provide for security, crowd
control, and traffic control and for any medical or other emergency, including an
emergency evacuation plan;
(7) the time and location of street closings, if any are requested;
(8) details of the sale of merchandise or the sale or serving of food or
alcoholic or nonalcoholic beverages at the special event,designating any street vendors
or peddlers involved;
(9) a description of animals to be used in the special event, if any;
(10) a description of each motor vehicle to be used in the special event and
proof that each vehicle is covered by insurance meeting the minimum requirements of
state law;
(11) the name of each person who will operate a motor vehicle as part of
the special event and proof that each person holds a valid driver's license;
(12) details of how the applicant will clean up the area used after the special
event, if on public property;
Ordinance No.3597-8-18,Page 4
(13) proof that the applicant possesses or can obtain all licenses and permits
required by this article or other city ordinance or by state law for the conduct of the
special event;
(14) if the applicant is a corporation, copies of a current certificate of
account status issued by the Texas Comptroller's Office and a current certificate of
existence issued by the Texas Secretary of State's Office, or, if the corporation is not
incorporated in or holding a certificate of authorization in the State of Texas,copies of
similar current certificates from the state in which the corporation is incorporated; and
(15) a description(including but not limited to the name,date,location,and
size)of each special event that the applicant conducted or sponsored,or participated in
conducting or sponsoring, within the preceding two years.
(c) Upon receipt of the completed application;the director shall forward a copy of
the application to the building official, fire, police, risk management and other applicable city
departments. Each department shall review the application and return it, with any comments,
to the director within 10 working days of receipt.
(d) The director and city departments may prescribe licenses, permits, and
authorizations required by other city ordinances or applicable law, restrictions, regulations,
safeguards, and other conditions necessary for the safe and orderly conduct of a special event,
to be incorporated into the permit before issuance.
(e) After reviewing the application and comments, the director shall issue the
special event permit unless denial is required by this article. A special event permit will be
issued for a period not to exceed ten (10) consecutive days.
Sec. 8-175.—Fees.
(a) An applicant for a special event permit shall pay the following fees to conduct
the special event:
(1) A nonrefundable application fee established by city council by
resolution from time to time.
(2) All fees for permits and licenses required by other city ordinances to
conduct specific activities in conjunction with or as part of the special event.
(3) A rental fee for city equipment and property,including but not limited
to barricades and street fixtures,used by the applicant for the special event.
(4) A fee for the number of Allen police officers required to provide
security, crowd control, and traffic control at the special event.
(5) A fee to reimburse the city for direct costs incurred by the city in
providing services at the special event; direct costs include,but are not limited to, the
reasonable costs of setup,cleanup,electrical services,construction,placement of signs
and other traffic control devices,and other related services beyond what the city would
provide to the general public in the ordinary course of its daily operations.
Ordinance No.3597-8-18,Page 5
(6) A fee for the number of Allen emergency medical personnel and
emergency medical vehicles required to provide first aid and emergency medical
services at the special event.
(b) Not less than ten(10)days before the date of the special event as shown on the
special event permit,the applicant shall deposit with the city an amount equal to:
(1) all permit and license fees required by Subsection(a)(2);
(2) the estimated fees required by Subsections (a)(4) and (6); and
(3) a security deposit for any city equipment or property rented, to be
refunded to the applicant if the equipment or property is returned undamaged to the
city.
(c) The applicant shall pay any remaining fees owed the city for a special event
within ten (10) days after the special event ends. The applicant may, upon written request to
the director,obtain a refund of any fee deposited with the director for a service that the city did
not provide for the special event.
Sec. 8-176.—Approval of plans.
(a) Issuance of a permit shall be subject to applicant receiving city approval of the
plans submitted to the city pursuant to this Section not less than 10 days before the start of the
special event.
(b) The city assumes no liability or responsibility for the conduct of the special
event merely by approving the plans submitted with an application for a special event as require
by this Section.
(c) The applicant shall prepare and submit to the director for approval the
following plans when applicable to the type of special event:
(1) Facilities. A set of plans and specifications relating to all temporary
facilities to be constructed or utilized for the special event.
(2) Fire protection. A plan for prevention of fires and for adequate
protection of persons and property in the event of a fire, including, without limitation,
adequate exits, fire extinguishers, adequate access for fire trucks and emergency
vehicles.
(3) Concession service. Plans related to the provision of food and
beverages.
(4) Emergency medical service. A plan to provide adequate emergency
medical services at the special event.
(5) Parking. A plan to provide adequate parking for the proposed special
event including written permission in the form provided by the city executed by all of
the owners of the land to be used for the special event.
Ordinance No.3597-8-18,Page 6
(6) Police and fire protection; emergency medical service. A plan
providing for adequate safety, security, traffic and crowd control in connection with
the special event. All public safety services shall be provided by Allen Police and Fire
personnel. Crowd management requires a minimum of two officers per 500
participants. Emergency medical service,police protection and fire protection beyond
that level normally provided will be supplied by the appropriate city department as
deemed necessary by the chief of police and fire chief at applicant's expense.
(7) Promotional. If applicable, a plan to promote, market and advertise
the special event.
(8) Sanitation plan. A plan to ensure that the highest standards of
cleanliness and sanitation are maintained at the special event, including adequate
restroom facilities, and a plan to empty refuse containers frequently to prevent
overflow.
(d) The director shall determine whether the application and plans meet city safety
and other requirements. The applicant may be requested to modify an application to meet the
requirements of this article. Should any of the submitted plans fail to give, and after notice,
the applicant is unable to provide for, adequate assurances that the plans will be implemented
and carried out, the permit application may be denied.
Sec.8-177.—Indemnification.
An applicant for a special event permit shall execute a written agreement to indemnify
the city and its officers and employees against all claims of injury or damage to persons or
property, whether public or private, arising out of the special event as approved by the city
attorney.
Sec. 8-178.—Insurance.
(a) An applicant for a permit to hold a special event for any day of the event shall
procure and keep in full force and effect for the duration of the event insurance written by an
insurance company approved by the State of Texas and acceptable to the city and issued in the
standard form approved by the Texas Department of Insurance. All provisions of each policy
must be acceptable to the city. Each policy must name the city and its officers and employees
as additional insureds. The coverage provisions of each policy must provide coverage for any
loss or damage that may arise to any person or property by reason of the conduct of the special
event by the Applicant.
(b) Insurance is required in the following types and amounts:
(1) Commercial general liability insurance must be provided with
combined single limits of liability for bodily injury and property damage of
not less than: (A)$500,000 for each occurrence,for an estimated daily number
of participants and spectators of up to 4,999; or (B) $1,000,000 for each
occurrence, for an estimated daily number of participants and spectators of
5,000 or more.
(2) If a special event includes vehicles, aircraft, or other
equipment, devices, or activities that are excluded from coverage in the
Ordinance No.3597-8-18,Page 7
commercial general liability insurance policy,then separate additional liability
insurance coverage for the applicable exclusion must be provided with
combined single limits of liability for bodily injury and property damage of
not less than: (A)$500,000 for each occurrence,for an estimated daily number
of participants and spectators of up to 4,999; or (B) $1,000,000 for each
occurrence, for an estimated daily number of participants and spectators of
5,000 or more.
(3) If any alcoholic beverage is sold, served, or otherwise made
available at the special event,then separate additional liquor liability insurance
must be provided by the alcoholic beverage license holder in an amount of not
less than $1,000,000 for each claim.
(4) If any fireworks or other special effects are displayed at the
special event, then separate additional general liability insurance must be
provided by the pyrotechnics company in an amount of not less than
$3,000,000 for each claim.
(5) If security guards (other than Allen police officers or city
staff) are used at the special event, then separate additional security guard
liability insurance must be provided by the security guard company in an
amount of not less than$1,000,000 for each claim.
(6) If emergency response or first aid stations(other than stations
staffed by only Allen or city staff) are provided at the special event, then
separate additional medical liability insurance must be provided by the
applicant in an amount of not less than $1,000,000 for each claim, and if
ambulance service (other than service provided by Allen and vehicles) is
provided, then separate additional automobile liability insurance must be
provided by the ambulance provider in an amount of not less than$1,000,000
combined single limit for each claim.
(7) If amusement rides are provided at the special event,proof of
separate additional general liability insurance meeting the state liability and
coverage requirements for each particular ride must be provided by the
applicant, along with a current certificate of inspection for each ride.
(8) If animals are part of the special event, then separate
additional general liability insurance covering any bodily injury and property
damage caused by animals must be provided by the applicant in an amount of
not less than $500,000 for each claim.
(9) If the special event is conducted at a city-owned facility that
is not covered by insurance requirements established by a City lease and use
agreement, then separate additional general liability insurance must be
provided by the applicant in an amount of not less than $500,000 for each
claim.
(c) In addition to the insurance requirements of Subsection (b) of this section,the
director may require additional insurance for a special event if such additional insurance is
Ordinance No. 3597-8-18,Page 8
recommended by the city's risk manager as being necessary for the protection of the city or the
public health, safety, and welfare.
(d) If a facility or other property owned or managed by the city is subject to both
the insurance requirements of this article and insurance requirements established by another
city ordinance, an official city action, a city lease or use agreement, or other applicable law,
then the insurance requirements with the greater limits and coverages must be met to conduct
the special event at the facility or property.
(e) An original certificate of insurance completed by an authorized agent of the
insurance company and evidencing each insurance coverage required under this section must
be delivered to the director at least ten (10) days before the special event begins.
Sec.8-179.—Issuance,denial and revocation of special event permit.
(a) Upon receipt of an application for a special event,the director shall forward a
copy of the application to the city departments that maybe be affected by the special event or
asked to provide support for the special event and shall issue its approval or denial of the
application within 21 days of receipt.
(b) A requirement to obtain licenses and permits required by other city ordinances
or applicable law, restrictions, regulations, requirement to pay the cost for city services,
safeguards, and other conditions determined necessary by the director for safe and orderly
conduct of a special event may incorporated a condition for issuance of a permit for a special
event.
(c) The applicant shall make full payment of any applicable fees, submit the
required indemnification and submit proof of insurance prior to the issuance of the special
event permit. Applicable fees are in addition to the deposit due at the time of permitting.
(d) The director may deny a special event permit if:
(1) a special event permit has been granted for another special event at the
same place and time; or within two hours of commencement or conclusion of a
previously permitted special event; or adjacent to another special event;
(2) the proposed special event will unreasonably disrupt the orderly flow
of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic
needs is available; or will occupy any part of a freeway, expressway or tollway;
(3) the applicant fails to comply with, or the proposed special event will
violate, a city ordinance or other applicable law, unless the prohibited conduct or
activity would be allowed under this Article;
(4) the applicant fails to provide a complete application, or makes a false
or misleading statement on an application for a special event permit;
(5) the applicant has had a special event permit revoked within the
preceding 12 months or the applicant has committed two or more violations of a
condition or provision of a special event permit or of this article within the preceding
12 months;
Ordinance No.3597-8-18,Page 9
(6) the applicant fails to adequately provide for:
(i) the protection of event participants and spectators;
(ii) maintenance of public order in and around the special event
location;
(iii) security, crowd control or traffic control taking into
consideration the size and character of the event;
(iv) emergency vehicle access and the provision of emergency
medical services and personnel;
(v) portable restroom facilities; or
(v) safe sanitary conditions for preparation or operation of food
concessions;
(7) the applicant fails to provide proof that the applicant possesses or is
able to obtain a license or permit required by city ordinance or other applicable law for
the conduct of all activities included as part of the special event;
(8) the applicant fails to pay any outstanding costs owed to the city for a
past special event permit or is otherwise past due in any fees, penalties, fines or taxes
owed to the city;
(9) the applicant fails to submit the required deposit and agree in writing
to reimburse the city for the estimated costs to be incurred by the city for the special
event;
(10) the proposed special event would unduly burden city services;
(11) the special event begins or ends outside the city limits, unless the
applicant provides proof of approval of any other affected governmental entity;
(12) the city police chief, city fire chief or director determines that the
special event would pose a serious threat to the public health, safety or welfare; or
(13) the applicant has a history of conducting or sponsoring special events
in a disorderly,unsafe,unsanitary, or fiscally irresponsible manner.
(b) The director shall revoke a special event permit if:
(1) the applicant fails to comply with or the special event is in violation
of any provision of the special event permit, a city ordinance, or any other applicable
law;
(2) the permit holder made a false statement on an application for a special
event permit or failed to properly complete an application for a special event permit;
Ordinance No.3597-8-18,Page 10
(3) the chief of police,the fire chief or the director, or determines that the
special event poses a serious threat to the public health, safety, or welfare;
(4) the permit holder failed to pay any outstanding fees or deposit for the
proposed special event or for a past special event; or
(5) the permit holder or any other person responsible for the conduct or
sponsorship of the special event is overdue in payment to the city of taxes,fees,fines,
or penalties assessed against or imposed upon the permit holder or other person.
Sec. 8-180.—Appeal of denial or revocation of permit.
If the director denies the issuance of a permit or revokes a permit, the director shall
send to the applicant or the permit holder by certified mail, return receipt requested, written
notice of the denial or revocation and of the right to appeal.The applicant or permit holder may
appeal the decision in writing to the city manager not later than three days after receipt of the
notice of denial or revocation. The city manager will present the appeal to the city council at
its next regular meeting. The decision of the city manager shall be final.
Sec. 8-181-Offenses.
A person commits an offense if the person:
(a) commences or conducts a special event without have first been granted a
special event permit; or
(b) violates any provision of a special event permit or this Article; or
(c) fails to comply with any temporary traffic control device, sign, or marking
installed pursuant to Section 8-173(e).
Sec.8-182.—Penalty.
(a) A person who violates a provision of this Article or a requirement of a special
event permit is guilty of a separate offense for each day or part of a day during which the
violation is committed or continued.
(b) Each offense is punishable by a fine not to exceed:
(1) $2,000 for a violation of a provision of this Article or a requirement
of a special event permit governing fire safety,zoning, or public health and sanitation,
including dumping of refuse; or
(2) $500 for all other violations of this Article or requirements of a special
event permit; or
(3) the fine established pursuant to other applicable ordinances or state
law if the violation relates to failure to comply with a temporary traffic control sign,
device, or marking installed or placed pursuant to this article."
Ordinance No.3597-8-18,Page 11
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby,repealed;provided,however,that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 3. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the
former law is continued in effect for this purpose.
SECTION 4. Should any word, sentence,paragraph, subdivision, clause,phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby,be adjudged or held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances,as amended
hereby, which shall remain in full force and effect.
SECTION 5. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to
exceed the sum of Two Thousand Dollars ($2000.00)for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as required by law, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS, ON THIS THE 28TH DAY OF AUGUST 2018.
APPROVED:
440
Stephen errell,MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G.Smith,1TY ATTORNEY S elley B.Gel'N e, CITY SEC' TARY
(kb1:8/20/18:TM 100656)
Ordinance No.3597-8-18,Page 12