§ 376-2. Requirements for organization seeking to sponsor special events.

Any organization set forth in § 376-1 desiring to sponsor a special event shall comply with the following requirements:

A. 

A written application with the Director of Tourism requesting approval of City Council for the special event must be filed not later than 90 days prior to the proposed commencement date of the special event, unless waived by the Mayor and/or governing body. Application forms shall be prepared on an annual basis by the Director of Tourism with the assistance of the head of each City department whose department may be required to render municipal services in connection with special events during the forthcoming year. The final form and substance of the application forms shall be subject to the approval of Council by adoption of an appropriate resolution. A nonrefundable application processing fee of $50 shall be charged to each entity filing a special event application with the Director of Tourism. If the entity submitting the application has been determined by the Internal Revenue Service to be a nonprofit entity and a written determination of the Internal Revenue Service to that effect is submitted with the application, then the nonrefundable application processing fee shall be reduced to $25.

B. 

Special event fee. There shall be a fee charged to each organization, excluding municipal operations, operating a special event in the sum of $50 for each entity filing application, or $25 for a nonprofit entity filing an application. Upon recommendation of the Mayor, Council shall have the right to waive this fee for any nonprofit entity sponsoring a special event if deemed to be in the best interest of the City of North Wildwood.

C. 

Municipal services. A schedule of costs for municipal services shall be appended to each special event application. The costs that are set forth in that schedule shall be no more or less than the actual costs that are incurred by the City for rendering each service that is set forth on the schedule in connection with a special event. Utilizing that schedule of costs, upon submission of a special event application, the department head of each City department that will be needed to render municipal services in connection with the special event shall calculate the anticipated total costs to be incurred by his/her department in providing municipal services in connection with the special event, and that calculation shall be forwarded to the Chief Financial Officer who, in turn, shall calculate the total costs of all municipal services anticipated to be provided in connection with the special event. Within 30 days of conclusion of the special event, the Chief Financial Officer shall make a calculation of the total costs of municipal services that actually were supplied by the City in connection with the special event. That sum shall be deducted from the special event sponsor's escrow and remitted to the City as reimbursement for municipal services that were provided. Upon recommendation of the Mayor, Council shall have the right to waive some or all of the requirement to post an escrow for municipal services for any nonprofit entity sponsoring a special event if deemed to be in the best interest of the City of North Wildwood, having due regard for the size and scope of the special event and the economic benefits to be derived by the residents and business owners of the City of North Wildwood by reason of the special event being conducted in the City of North Wildwood.

D. 

Parking permits. A special event applicant may include in their application a request for the issuance of not less than 250 parking meter permits for an out-of-season event or not less than 500 parking meter permits for an in-season event which shall be valid for not less than three days each. The cost of each such parking permit per vehicle shall be $5 per each day of the special event.

E. 

Insurance; indemnification and hold harmless.

(1) 

Insurance. All special event applicants, their agents and employees are required to be covered by a policy or policies of liability insurance. Said insurance shall provide coverage for personal injury liability insurance in the amount of at least $1,000,000 combined single limit/$2,000,000 aggregate and at least $500,000 per occurrence for property damage. A certificate of insurance that confirms the aforementioned coverage shall be submitted whenever a special event application is submitted to the City Clerk. The insurance shall name the City of North Wildwood as an additional insured and shall provide for not less than 30 days' notice of policy cancellation to the City.

(2) 

Indemnification and hold harmless. The City shall not be responsible for any injury or damage to persons or property resulting from the negligence of the special event sponsor or its servants, agents or employees in conducting the special event. By accepting the special event permit the special event sponsor agrees to indemnify and hold harmless the City of North Wildwood, its agents, servants, and employees, from any damage or liability sustained by any person or property arising out of the activities of the applicant or its agents, servants, and employees in conjunction with the conduct of the special event, nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of the issuance of any special event permit. Furthermore, by accepting the permit the special event sponsor agrees that, in the event a claim is made against the City, its agents, servants, or employees arising out of the special event sponsor's activities or those of its agents or employees, the special event sponsor shall provide the City with a legal defense and shall pay any and all attorney's fees or costs incurred by the City in connection with any claims, suit or litigation.

F. 

Approval by adoption of resolution of Council.

(1) 

The special event shall be approved by adoption of a resolution of Council, adopted not later than 45 days prior to the proposed commencement date of the special event, unless written consent is provided to accept a shorter timeframe by the Mayor if it is ultimately determined to be in the best interests of the City, and upon a finding by the Mayor or a majority of the members of Council that:

(a) 

The requested dates and proposed location for the special event are available;

(b) 

The applicant, after considering its profit, nonprofit and/or charitable status and its ability to conduct a special event of the size and scope applied for, is deemed to be a qualified sponsor;

(c) 

The special event will not overtax the City's ability to supply municipal services throughout the duration of the proposed special event; and

(d) 

It will not be a substantial detriment to the best interests of the City of North Wildwood to approve the application.

(2) 

The resolution approving the special event may include conditions of approval. Such conditions of approval may include the suspension of the prohibition against the consumption, carrying or possession of alcoholic beverages in opened containers upon the streets, highways, sidewalks, public property and other public places that is set forth in Ordinance No. 361, as amended by Ordinance No. 794, and as codified at § 326-2 of the Code of the City of North Wildwood. Such suspension of the provisions of Ordinance No. 361, as amended by Ordinance No. 794, and as codified at § 326-2 of the Code of the City of North Wildwood, shall be confined to such geographical location(s) and during such hours as specifically are set forth in the resolution approving the special event. In the event that the provisions of Ordinance No. 361, as amended by Ordinance No. 794, and as codified in § 326-2 of the Code of the City of North Wildwood are suspended by Council in its approval of a special event, the North Wildwood Police Department and the North Wildwood Department of Public Works shall post signs before the commencement of the special event in conspicuous locations noting the hours where consumption, carrying and possession of alcoholic beverages in open containers is permitted and the geographical perimeter beyond which the consumption, carrying and possession of alcoholic beverages in opened containers is prohibited.

(a) 

If the conditions of approval for a specific special event include the suspension of the prohibition against the consumption, carrying or possession of alcoholic beverages in opened containers in public places, it shall be the responsibility of licensed entities wishing to allow patrons to leave their licensed premises with opened containers to place an identifying wristband on the patrons to ensure that said patrons have been checked for proper identification.

[Added 12-19-2017 by Ord. No. 1734]