Village of Waterford, WI Chapter 188 Special Events

[HISTORY: Adopted by the Village Board of the Village of Waterford 4-23-2007 by Ord. No. 512; amended in its entirety 5-10-2021 by Ord. No. 683. Amendments noted where applicable.]

§ 188-1 Special events and activities applications; notice; exemptions; regulations; fees; violations and penalties.

A. Definition. As used in this section, the following terms shall have the meanings indicated:

SPECIAL EVENT AND ACTIVITIES

Any planned extraordinary occurrence on the public right-of-way or public premises, including but not limited to parklets, parades, processions, bicycle or foot races, and festivals.

B. Application. No person may hold a special event on the public right-of-way or public premises without obtaining a special event permit. Application forms and general information shall be available from the Village Clerk's office. The applicant must contact the Police Department and the Department of Public Works to review and approve an event and to determine related costs prior to submitting a special event application to the Village Clerk's office. The applicant shall indicate whether it intends to sponsor special event vendors in connection with the special event, either on private land or at reserved Village locations. If the applicant intends to sponsor special event vendors, the applicant shall indicate the proposed locations and types of the special event vendors. If required by the state, a copy of the applicant's current Wisconsin seller's permit shall be provided.

(1) Mapped routes. All permit applications for special events featuring foot or bicycle races, runs, rides or parades shall include a detailed map of the proposed route for approval by the Police Department, Fire Department and the Department of Public Works Divisions of Streets and Parks. Routes for annual special events must be submitted with the application regardless of the historical precedent. Proposed routes may be altered at the discretion of the Police Department, Fire Department and the Department of Public Works Divisions of Streets and Parks. In the event the organizers or sponsors of any special event deviate from the route submitted without the approval of the Village, the organizers or sponsors of such special event shall be denied a permit for any special event for the following calendar year.

(2) Approval. After approval by the Police Department, Fire Department and the DPW Divisions of Streets and Parks, applications for special event permits shall be submitted to the Village Clerk, who shall forward the application to the Village Administrator. Events requesting a street closure shall be forwarded to Public Works and Utilities Committee meeting for approval. Once all required approvals are obtained, the Village Clerk shall ensure that all of the conditions of the permit have been fulfilled. After the application has been approved by the Police Department, the Fire Department, the Department of Public Works (Streets and Parks Divisions) and, if applicable, the Public Works and Utilities Committee, the applicant for a special event permit shall pay a fee based on the per-man-hour rate for Village services as determined in the application review and approval process. No special event permit requiring a fee is valid until the fee has been paid. The Public Works Department (Streets and Parks Divisions) may establish fees for provision of additional Village services not set forth herein. A deposit of the estimated fee shall be required, and after the final costs are calculated, a refund of the unused portion shall be made, or a bill for additional costs shall be presented. If the permittee fails to pay the additional costs, no further permits shall be issued to that permittee until and unless the costs are paid.

(3) Parklets. Parklets shall be regulated through the special event and activity permit process, and shall be reviewed by Police, Fire, Streets, Parks and Administration officials for conflicts and conformance. The permitting process shall be the same as for other events.

C. Permit regulations.

(1) Village not liable. The special event permit application shall contain a statement that: "The applicant agrees to indemnify and save harmless the Village from and against all liabilities, claims, demands, judgments, losses, and all suits at law or in equity, costs and expenses, including reasonable attorney fees, for injury or death of any person or loss or damage to the property of any person, firm, organization or corporation, including both parties hereto and their employees, arising from the holding of such special event." No permit may be issued unless the applicant has agreed to the terms of this statement on the written application.

(2) Special event vendors.

(a) If a special event permit includes provisions for sponsored special event vendors, the permit holder shall provide the Village Clerk with a complete list of Vendors who are not exempt from the direct seller provisions of this Code under § 182-3K no later than 10 days prior to the event, and shall refer the vendors to the Village Clerk. The vendors sponsored by the special event permit holder are not required to obtain direct sellers permits from the Village, except:

[1] Special event vendors who do not have a place of business in the Village of Waterford and prepare food on site or sell food that is not prepackaged. These vendors (except vendors selling raw produce grown in Wisconsin) must obtain a direct sellers permit from the Village Clerk in addition to written permission to participate from the special event permit holder.

[2] Special event vendors who are not legal residents of the State of Wisconsin or who do not have a permanent place of business in the State of Wisconsin. These vendors must obtain a direct sellers permit from the Village Clerk in addition to written permission to participate from the special event permit holder.

[3] Malt beverage or wine sales. Any entity selling fermented malt beverages or wine in connection with the special event shall be required to obtain a temporary/picnic license therefor pursuant to Chapter 148 of this Municipal Code. Fees may be waived for such license at the discretion of the Village Clerk for the first three years of an event.

(b) Placard required.

[1] During a special event, no person or organization shall display, sell, or offer to sell, on any street, sidewalk, alley or other public grounds within the Village reserved by a special event permit holder, any goods, wares, foodstuffs or anything of value or service of any kind except pursuant to written permission granted by the special event permit holder, which shall be displayed on a placard issued by the special event permit holder.

[2] This section shall not apply to any of the following:

[a] A person or organization conducting sales on public lands immediately adjacent to a properly zoned business establishment operated by such person or organization. No sale of alcoholic beverages may be made on the exterior of any business unless such sales have been preapproved as part of the licensing procedure set forth in Chapter 148.

(c) Sales by approved vendors at any Village-sponsored event.

[1] Permission to operate under this section shall authorize the holders to conduct business only at the times and in the locations enumerated in the placard and subject to the regulations of this section. Where the vending is to occur in connection with a Village-sponsored area-wide event, direct sellers permits shall be required.

[2] Recordkeeping. The special event permit holder sponsoring vendors under this section shall, at a minimum, obtain and keep on file for a minimum of one year the following information regarding the vendors it sponsors:

[a] Name, permanent address and telephone number.

[b] Age, height, weight, color of hair and eyes.

[c] Name, address and telephone number of the person, partnership, association, corporation or other entity that the vendor represents or is employed by or whose merchandise is being sold.

[d] Nature of business and a brief description of the goods offered and any services offered.

[e] Make, model and license number of any vehicle used by the vendor.

(d) Sponsorship; Village not liable. The special event permit holder sponsoring special event vendors under this section is responsible under the terms of the permit for the vendors it sponsors pursuant to § 188-1C(1).

(3) Insurance requirements.

(a) Except as provided in Subsection C(3)(a)[2], each applicant for an event requiring Village services shall furnish with the application fee submitted to the Village Clerk a certificate of insurance showing insurance written by a company licensed in the State of Wisconsin, approved by the Village and covering any and all liability or obligations which may result from the operations by the applicant's employees, agents, contractors or subcontractors, and including workers' compensation coverage in accordance with Wis. Stat. Ch. 102. The certificate shall provide that the company will furnish the Village with a ten-day written notice of cancellation, nonrenewal or material change. The insurance shall be written in comprehensive form and shall protect the applicant and Village against all claims arising from injuries to members of the public or damage to property of others arising out of any act or omission of the applicant, its employees, agents, contractors or subcontractors.

(b) The Village Administrator may determine that the insurance required in Subsection C(3)(a)[1] is not necessary for the protection of the Village for the special event, and may waive or amend the insurance requirement.

(c) The policy of insurance shall provide minimum combined single limits for bodily injury and property damage of $1,000,000 or such other insurance as deemed adequate by the Village Administrator.

D. Permit restrictions. Scheduling of special events shall be subject to approval by the Village.

E. Violations and penalties. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter I, Article II, of this Municipal Code.