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Special Event Application

I. PERMIT

Criteria for Requesting a Permit

Any event on City-owned or City-controlled property and rights of way will require a special event permit. Permits are issued on a first come, first served basis. A special event permit is required prior to conducting, and/or maintaining a community event in the City and the City will not incur any liability for expenses incurred for events that do not have a permit. Applications will be accepted no earlier than 364 days prior to and no later than 30 days prior to the special event.  All events must be conducted in accordance with the laws, ordinances, resolutions, rules and regulations of the City and other governmental authorities having jurisdiction. The applicant will be responsible for filing separately for county, state and federal permits, if necessary.

Qualifications of Applicants

No person or affiliate of the person who is delinquent in payment of money due to the City from a prior event will be allowed to apply for an event permit until all delinquent sums are paid in full. Applicant must have properly filled out and submitted the special event application and all required additional paperwork within the time period stated in aforementioned paragraph. Whenever an applicant is found in default or has had a permit canceled by the City, the applicant shall be disqualified from applying for any future permit under this article for a period of time as determined by the City Manager.

II. APPLICATION PROCESS

Application Procedure for Events

The person/organization requesting an event subject to a special event permit will be required to follow the following procedure:

1. Individual/Event Sponsor must submit an application on a form provided by the City and include a detailed site plan no earlier than 364 days prior to and no later then 30 days prior to event if applicable.
   • The Special Event Office will process the application in an appropriate timely manner from date of receipt. The review process when initiated, can take two to four weeks to complete depending on event complexities.  
2. Pay a refundable Trash Bond (if applicable) prior to the event date.
3. Provide proof of liability insurance coverage/certificate of insurance must be submitted to the Special Event Office 3 business days prior to the event unless otherwise noted by the City Manager or the designated City official.
4. City cost adjustment to include other services such as police, fire or other city staff time will be made and any monies to be refunded by the City or any monies due by the sponsor to the City will be paid in full within 30 days following the event.
5. Event sponsor(s) shall confer with the Special Event Office 3 business days prior to the event to ensure that arrangements for City services have been made at that point the permit will be drafted and sent to the event organizer within 24 hours.

Special Event Resource Fee

Each event that requires City services will be required to pay a special event resource fee. If the event takes place on a main thoroughfare (Woodland Boulevard or New York Avenue) the fee is $200.00; if the event takes place on a side street the fee is $100.00. The special events resource fee applies to all events and cannot be waived. The fee is needed to replenish equipment that supports events.  

Fees

• Police: $40.00 per hour #
• Fire: $40.00 per hour**
• Special Event Team: $30.00 per hour**
• Public Works: $30.00 per hour **
• Public Works Toter Clean Up: $30 per 10 toters
• Parks and Recreation: $30.00 per hour**
• Airport Personnel: $30.00 per hour**
• Airport Site Fee: $300.00 per day
• **Fees have a two hour minimum
• # Fees have a four hour minimum

Other Fees

• Police Alumni: $10.00 per hour, please contact the Police Special Operations Unit at 386-626-7444 to make arrangements.
• Police Explorers: donation requested, please contact Officer Hancock at 386-626-7467 to make arrangements

Note: Additional fees for services may be required depending on event request(s). All fees will be billed after the event unless otherwise noted.

Events Where City Costs are Waived

The City Commission shall annually approve a list of events for which the costs of City employee overtime are waived. To be considered for the waiver the event must be not for profit, community based, hosted by a non-profit organization, and the event must be free and open to the public, appeal to the broadest segment of the community or demonstrate a benefit to a particular neighborhood in a redevelopment area of the City. This waiver of overtime does not include other charges or fees set forth by the ordinances of DeLand.

III. GUIDELINES

Road Closure Requests

Street/rights-of-way closures are subject to the approval of the Special Events Office. State controlled roadways require additional approval from the Florida Department of Transportation.

Access to and from private residences must be allowed. Event Sponsors are required to notify those affected 15 days prior to the events which may impede vehicular traffic to and from private residences and businesses. All community events to include, but not limited to parades and festivals, which require State Road 17-92 (Woodland Boulevard) and State Road 44 (New York Avenue) to be closed require DOT approval.

Run Routes - 5k/10K

Due to the demand run routes place on city event personnel and city residents/businesses, two options for runs in the public right of way are available as well as two options utilizing non-right of way city property. Each route will require different levels of city services in order to create a safe event environment. If the other route option is selected, it will be reviewed by city staff and highly scrutinized for resource availability, event impact to area and participant safety concerns.

Run routes in the public right of way are controlled courses and not completely closed courses. Residential and commercial traffic may enter the course route at the time of the event.

Route 1: Downtown     

5K/10K: West Indiana Avenue to North Woodland Boulevard to East Michigan Avenue to North Amelia Avenue to Bert Fish Avenue to East Pennsylvania Avenue crossing over Woodland Boulevard to West Pennsylvania Avenue to North Adelle Avenue to West Florence Avenue to North Orange to West Minnesota Avenue Avenue to North Florida Avenue and back to West Indiana Avenue

Route 2: DeLand Airport                    

Option 1:

5K Flightline Boulevard to Biscayne Boulevard to North Industrial Drive to Edison Drive to Summerhill Drive to North Industrial Drive to Biscayne Boulevard to Flightline Boulevard

10K: Flightline Boulevard to Biscayne Boulevard to North Industrial Drive to Edison Drive to Summerhill Drive to North Industrial Drive to West Industrial Drive to North West Access Road turning around at the Cul-de-sac coming back down North West Access Road to West Industrial Drive to North Industrial Drive to Summerhill Drive to Edison Drive to North Industrial Drive to Biscayne Boulevard to Flightline Boulevard

Option 2:

5K/10K North Industrial Drive to West Industrial Drive looping back to North Industrial Drive

Route 3: Earl Brown Park      

5K/10K: Trail around complex is 1 mile long

Route 4: Sperling Sports Complex

5k/10K: Twice and the trail around outer edge of complex and once around outfield fences is approximately 3.1 miles long

Route maps are available in the Special Event’s Office upon request.

Event Security

In certain cases security in the form of police presence may be required at the discretion of the Chief of Police.  These requirements are based upon the event’s impact on public safety based upon, but not limited to type of event, street closures, traffic direction, and the expected attendance of people. Police security will be assigned on a first come first serve basis. Personnel limitations may require the special event application to be denied. 

Community events opened to the public and held on private property which require a special event application shall be reviewed for their potential impact to public safety.  Upon the recommendation of the Chief of Police these events may be required to employ police officers and/or licensed private security companies to work the event.     

City Services

The City will review the application and work with City Departments and the applicant to determine what City Services are needed.  The cost of providing City Services will be the responsibility of the applicant, unless the City agrees to cover all or part of said services. 

Concessions and Vending

It is the City’s policy to allow sale of food and beverages on City-owned property during community events, unless an exclusive concession contract has been agreed upon by the City at that time.  [Community event sponsors must provide City staff with a complete list of food vendors with all applicable state license(s) numbers and contact information two (2) weeks prior to the event date.  All food vendors are subject to a State inspection and a City fire inspection.  Food vendors unable to meet state and/or municipal regulations will be removed from the event.] 

Alcohol Consumption

The City Commission may issue a temporary permit to allow the carrying of or consumption from open containers of alcoholic beverages (beer and wine only) during events on City-owned property under the following conditions:

1. The event sponsor supplies the Special Event Office with proof of liquor liability insurance acceptable to City Staff.
2. The permit cannot exceed 12 hours per day in duration.
3. No alcoholic beverages may be carried or contained in a glass container.
4. Locations within the boundaries of the special event must be shown on the events site plan.
5. Event sponsors shall be responsible for staffing and maintaining areas designated for alcoholic sales in conformance with State and City laws regarding such activity.       
6. Event sponsors are responsible for enforcing City rules and regulations as well as any applicable state laws governing alcohol sales and consumption.
7. Issuance of a permit by the City of DeLand does not relieve the permit holder of the obligation to comply with all applicable state liquor laws and, to the extent that any permit is inconsistent with state liquor laws or other lawful regulations, the permit shall be deemed void to the extent it conflicts with such laws or regulations.

Standards for Issuance

The Special Events Office, upon review from the City Department Heads, may issue a permit required under this division if it is determined that the following criteria have been met.

1. The preparation for or the conduct of the proposed use, event, or activity will not adversely affect the City’s ability to perform municipal functions or furnish City services in the vicinity of the permit area.
2. The proposed use, event, or activity is compatible with the surrounding area in consideration of anticipated noise, crowd and parking capacity, taking into account multiple impacts.
3. The proposed event is not aimed at inciting or producing imminent lawless action and is not likely to incite or produce such action.
4. City resources necessary to support the proposed activity are reasonably available. 

Approval Process

The event permit shall only be issued for the event dates requested.  If an act of nature causes the cancellation of an event, the City will work with the event sponsors to approve a new date as requested. If the event is cancelled due to event sponsor (other than an act of nature) within 24 hours or less from the event start time, the event sponsor will be charged for all overtime hours scheduled for the event. No revisions or adjustments to the final approved permit or related items may be made without prior written notification to and written approval from the Special Event Office or from the City Manager.

The event permit shall only be issued to the person, organization or business whose name appears on the special event application.  No permit shall be issued to a person, organization or business who has attached a secondary event to the primary application without prior approval from the original requestor.  All secondary special event requests shall be in writing following the same guidelines as stated in this article prior to the Special Events Office’s approval.

Default

An event sponsor shall be in default of the event permit if:

1. The applicant supplies false or misleading information.
2. The applicant fails to complete the application or to supply other required information or documents by the time required.
3. The applicant demonstrates an inability to comply with terms or conditions contained in the proposed permit.
4. The event sponsor should dissolve or cease doing business as a going concern or become insolvent or bankrupt.
5. The event sponsor breaches any provisions of the event permit or of any rules and regulations required by the City.
6. The event sponsor violates any applicable laws or ordinances during the event sponsors use of the property.

    Whenever an event sponsor is found in default or has had a permit canceled by the City, the sponsor shall be disqualified from applying for any future permit under this article for a period of time as determined by the City Manager.

Insurance

The applicant will provide an insurance certificate to the City of DeLand – 120 S. Florida Avenue, DeLand, Florida 32720, naming the City of DeLand as additional insured in the amount not less than $500,000 for death to or injury to any one person, $1,000,000 aggregate for any one occurrence for death and bodily injury, and $500,000 for damage to any property.  Or a combined single limit of $2,000,000 for any claim injury or property.  All such insurance shall cover complete contractual liability, bodily injury and property damage liability.  If the applicant uses or stores any hazardous or toxic substances on the requested site within the meaning of the Environmental Statutes, the insurance shall cover loss or damage resulting from improper storage, handling or disposal of any such hazardous or toxic substances.  The certificate shall provide at least 10 days advance written notice of cancellation or change of coverage to the City of DeLand.

Cancellation

The City may cancel any grant of space to the event sponsor(s) if use of the property shall in any way conflict with federal, state, or local laws; if the event sponsor is in default, or if there is a lack of City resources.  All notices required or permitted under the event permitting process shall be given personally, by email, or by certified mail, with return receipt, postage paid, addressed to the event sponsor at the address provided on the event permit application or at such address as the sponsor may supply to the City in written notification.

Any ruling or canceling of an event’s permit or finding the event sponsor in default may be appealed by submitting an appeal to the City Manager in writing within three days of such ruling.  The City Manager shall hear or schedule the appeal application under the standards set forth in this article to the City Commission that will reverse, modify, or sustain the Special Event Office’s decision.  The decision of the Manager and/or City Commission shall be final administrative action.  However, in any event such decision shall be at the sole discretion of the City.  In such cases, the event sponsor’s only legal remedy shall be for a refund of the rental fees.

If an act of nature causes the cancellation of an event, the City will work with the event sponsors to approve a new date as requested. If the event is cancelled due to event sponsor cancellation (other than an act of nature) within 24 hours or less from the event start time, the event sponsor will be charged for all overtime hours scheduled for the event.

IV. CONTROL OF PROPERTY; RIGHT OF ENTRY; SUBLETTING

City-owned or City-controlled facilities and property including keys thereto, shall be at all times under the control of the City Manager or designee, and City staff acting in an official capacity shall have the right to enter all space occupied by the event organizer, except personal vehicles, property and equipment, at all times during the period covered by the event permit.

The event organizer shall not assign or sublet to others the space covered by the event permit without express written consent of the Special Event Office. 

V. VIOLATIONS AND REMEDIES

If a permittee or the permittee’s agent or employee violates the terms of the agreement or requirements set forth by public safety by which the permit is granted, any City ordinance, or any law of the state or United States or knowingly allows those terms or law to be violated, such violation shall constitute a violation of the permit conditions or other laws.

The event organizer and the agents and employees of the organizer shall immediately cease all activities on City property upon notification that the event is being conducted in violation of this article.  If the organizer or his agents fail or refuse to cease operations after notification, the City may, in addition to any other remedies provided in this article, provide for immediate closure and cessation of the event. 

INDEMNIFICATION & HOLD HARMLESS AGREEMENT

The City reserves the right to cancel permits at any time with cause. The applicant, by signing below, hereby agrees to indemnify and hold harmless the City of DeLand if this permit is revoked. Further, the City of DeLand will not be responsible for any cost associated with the revocation of the permit.

The applicant shall defend, indemnify and hold harmless the City of DeLand from and against any and all liability, losses, damages, claims, demands, expenses, fees, fines, penalties, suits, proceedings, actions and cost of actions, (including attorney’s fees), of whatsoever kind or nature arising out of or in any way related to the use, occupancy, management or control of the site, or arising out of the event permitted by the City, any act or omission of the applicant or its agents, servants, employees, independent contractors, customers, patrons or invitees whether on the site or elsewhere. 

The City of DeLand shall not be liable to the applicant or its agents, representatives, invitees or employees, or any other person for any injury to or death of any of them, or for any damages to any of the applicants property or loss of revenue, caused by any third persons, whether the injury, death or damage is due to negligence or not. 

I/We the applicant(s) hereby acknowledge that I/We have read the above policy and procedure for a Special Event Permit within the City of DeLand.  I/We the applicant(s) further agree to reimburse the City for the cost of City Services incurred as a result of this event to include:  Police, Fire, Airport, Parks and Recreation, Public Works and Lease of public property. I/we the applicant(s) hereby agree that all the information provided in this application is true and correct and further agree to the indemnification and hold harmless agreement outlined above.