In adding Chapter 5.96, the city council finds that established business and improvement districts (BIDs) as well as recognized merchants associations have a significant stake in assuring the viability of individual businesses within the geographic areas of the city for which BIDs and merchants associations have been established.

The maintenance of businesses within the jurisdiction of BIDs and merchants associations becomes particularly critical in times of economic downturns. BIDs are a form of self-assessment to raise funds to promote and strengthen local businesses. Recognized merchants associations are provided funding by the city or other agencies to accomplish similar promotional goals. Commercial special events which utilize public property may run counter to the goal of supporting businesses within BIDs and merchants associations. It is therefore important to assess whether a commercial special event will, in any way, detract or negatively impact the healthy, vibrant business climate within a BID or merchants association.

Toward that end, the council finds and determines that a commercial special event could have a deleterious affect on businesses in a business and improvement district or within the jurisdiction of a merchants association and therefore requires that regulations be adopted which assess the potential impacts and permit the BIDs and merchants associations to provide input on the potential impacts, if any, to the businesses within their jurisdiction.

(Ord. No. 5661, § 1, 7-21-2009)

For purposes of this chapter, the words and phrases below have the meanings designated:

"Business and improvement district" means Montrose Shopping Park Association Business Improvement District and Adams Square Merchants Association Business Improvement District (hereafter BIDs).

"Commercial" means a transaction for financial compensation, whether the compensation is paid immediately or offered as part of the transaction, or the exchange, production, purchase or sale of goods or services of any kind or nature.

"Commercial special event" means a program, activity or event which is put on or sponsored by a person or entity for the purposes of promoting or engaging in a commercial transaction. Examples include, but are not limited to, farmers markets, art and/or craft shows, festivals or carnivals.

"Merchants associations" means the following: Downtown Glendale Merchants Association; Kenneth Village Merchants Association; Sparr Heights Merchants Association and Brand Boulevard of Cars.

(Ord. No. 5661, § 2, 7-21-2009)

No person shall use or occupy public property including, but not limited to, sidewalks, streets, public parking facilities, parkways or alleys in the city of Glendale for a commercial special event without first obtaining from the city manager a written permit therefor. All requirements for obtaining a permit pursuant to this chapter are in addition to any other applicable local, state or federal law and regulation.

A. A person or entity desiring a permit under this chapter shall submit to the city clerk a complete written application on a form provided by the city clerk. The application shall contain true and correct information including, but not limited to, the following:

1. Name and residence or business address of the person(s) or entity making such application, a detailed statement of the location and area of the proposed commercial special event, the date(s) of the proposed commercial special event, and a detailed statement of the proposed event including, but not limited to, whether the event contemplates sales, displays, the nature of any goods or services to be displayed, sold, purchased, exchanged or produced, and any other information determined necessary by the city manager.

B. Each application submitted shall include a fee as determined by resolution of the council.

(Ord. No. 5661, § 3, 7-21-2009)

Upon submission of an application to the city clerk, the city clerk shall circulate the application amongst city departments for review and comment. Such comments should focus on impacts of the proposed commercial special event including, but not limited to, city liability, parking, traffic, air quality, noise, and other potentially adverse physical impacts, and whether any conditions are required to ameliorate any identified impacts. In addition, the city clerk shall submit the application to all business improvement districts and merchants associations. The BIDs and merchants associations shall have the opportunity to comment and submit recommendations on the permit application. The comments and recommendations, if any, shall be submitted to the city clerk within ten (10) days from the date of mailing by the city clerk.

A. After circulation and receipt of comments by city departments and comments by BIDs and merchants associations, or the expiration of thirty-five (35) days from the date of receipt of the application, whichever shall first occur, the city clerk shall forward the application, along with all comments and recommendations, to the city manager who shall after review either approve, approve with conditions, or deny the application for a commercial special events permit.

B. The applicant, business and improvement districts and merchants associations as defined herein, may appeal to the council the approval, approval with conditions or denial of any application for a commercial special events permit pursuant to the provisions of Glendale Municipal Code Chapter 2.88.

(Ord. No. 5661, § 4, 7-21-2009)