§ 2.62.040. Duties and powers to regulate special events.

A.

Permit Required or Not Required.

1.

A permit is required for a special event when the special event involves the use of public property or impacts the public right-of-way.

2.

A permit is required for a metropolitan event.

3.

A permit is required for a special event when the special event is held on public property, except in the following instances:

a.

When the event is held at the Nashville Convention Center; or

b.

When the event is held at a facility owned by the sports authority of the Metropolitan Government of Nashville and Davidson County; or

c.

When the event is held at the Municipal Auditorium; or

d.

When the event is wholly contained within the property controlled by the metropolitan board of parks and recreation, unless it is determined by the director of parks and recreation, that the event will likely have a significant impact on vehicle or pedestrian traffic outside the park, in which case the director of parks shall require the event holder to obtain a special events permit in addition to any permits required by the department of parks and recreation.

No person shall allow or conduct a special event as referenced above, without a permit from the mayor's office of film and special events. Any violations of this requirement shall be handled according to the enforcement provisions of Metropolitan Code of Laws Section 2.62.070.

B.

Procedures for Special Event Permit Application—Deadlines.

1.

Applications for special event permits shall be filed no earlier than one year prior to the event, and no later than forty-five days prior to the event. Applications filed less than forty-five days in advance shall be handled on a case-by-case basis, and may be approved where the tardiness of the application neither detracts from the planning of the event, nor overburdens the office, nor any other metropolitan office, agency or property. Late applications which are approved shall be subject to a fifty-dollar late fee.

2.

Upon receipt of an application the assistant director shall process the information and distribute it to the departments affected by the special event. The departments shall have ten working days to review the application and shall then return it to the assistant director with a recommendation for approval, approval conditioned on the adaptation of changes, or denial, based on the event's compliance or potential for compliance with that department's rules and regulations. In the event a department recommends denial of a permit, that denial shall be accompanied with a list of specific reasons for the decision, and suggestions how to bring the event into compliance with that department's rules, regulations and law.

3.

The assistant director shall review the application and the recommendations of the various departments, and shall advise the director as to the merits of the application.

4.

The director may approve or deny the application, or approve the application with conditions relating to the factors listed in subsection D of this section. The director's approval shall be contingent on the applicant's compliance with the insurance, indemnification and security requirements of subsection G of this section.

C.

Permit Application—Information Required. The application for a special event permit shall contain the following information, as well as any information deemed reasonably necessary by the director to determine whether or not the event or filming complies with the requirements of this chapter:

1.

The proposed time and location of the special event;

2.

A brief narrative description of the proposed special event;

3.

A list of persons responsible for planning the special event, and reliable means of contacting those persons;

4.

The estimated attendance of the special event;

5.

Whether food or alcoholic beverages will be served at the special event;

6.

A list containing details of any temporary outdoor structures, signs or banners which are proposed;

7.

A list of any street closings requested;

8.

A brief statement detailing whether utility services, such as electricity or water, will be required.

D.

Evaluation of Permits. In evaluating a permit application, the director shall consider:

1.

Whether applicant has complied with the requirements of this code and rules promulgated by the director;

2.

The ability of the event organizers to successfully execute the planned special event;

3.

Wear and tear on public facilities, especially those which are frequently the site of such events;

4.

The impact on vehicular and pedestrian traffic and safety.

E.

Other Metro Permits Required. The fact that a permit is issued under this chapter, or is not required by this chapter, shall not replace or render unnecessary any other permit required by law. Although the office may assist in or offer advice concerning other permits, other permits required by the Metropolitan Government of Nashville and Davidson County must be applied for and secured separately.

F.

Payment of Fees. The permit application for special events, except for metropolitan events, must be accompanied by the payment of a two hundred and thirty dollar permit fee, and in addition a one hundred dollar administrative fee for the cost of processing the application for an event being held within the right-of-way permit high impact area (as defined in Metropolitan Code Section 13.20.030.D.1.), in the form of checks or money orders payable to the mayor's office of film and special events. For events being held outside of the right-of-way permit high impact area, the administrative fee for the cost of processing the application shall be fifty dollars, in the form of checks or money orders payable to the mayor's office of film and special events.

G.

Other Permit Considerations.

1.

Insurance. Bonds and insurance may be required pursuant to the rules and regulations promulgated by the director in agreement with the safety and insurance department of the metropolitan government.

2.

Indemnification. The applicant must execute a written agreement to indemnify the metropolitan government and its officers and employees against all claims of injury or damage to persons or property, arising out of the special event.

3.

Security Plan Required. The applicant must work with the designated representative from the metropolitan police department in designing a plan for security at the event. The plan shall be reasonable in light of the number of participants and the nature of the event. Off-duty police personnel or vehicles must be hired or utilized in accordance with all ordinances, regulations or policies governing such activity.

4.

Sanitation Deposit. If the director anticipates attendance to be greater than one thousand persons, then the applicant shall post a five-hundred-dollar sanitation deposit which shall be refunded if the applicant restores the area to its condition prior to the festival. If the applicant fails to restore the property to its prior condition, then the applicant shall be liable to the metropolitan government for any costs incurred in restoring the property after the event. Surrender of the deposit in no way relieves the applicant of the responsibility for any costs incurred by the metropolitan government in excess of the five-hundred-dollar deposit.

5.

Priority. Where applications to use facilities overlap or conflict, preference shall be given to that application which was filed earliest, provided that no special event or permit shall be approved which would displace an established special event from its customary time and place.

(Res. RS2016-391 § 3, 2016; Amdt. 1 to Ord. BL2016-235 § 5, 2016; Ord. BL2016-235 § 5, 2016; Ord. 97-983 § 1 (part), 1997)