City of New Carrollton Special Events License Application
After you have completed the application, you will be redirected to the payment center to pay your license fee. Your application will not be complete until the license fee is paid.
TYPE OF SPECIAL EVENT:
DATE(S) OF SPECIAL EVENT:
HOURS OF SPECIAL EVENT:
LOCATION OF SPECIAL EVENT:
SECURITY PLAN/ ACCOMMODATIONS: (if applicable)
CERTIFICATE OF INSURANCE: (if applicable)
PROJECTED NUMBER OF ATTENDEES/PARTICIPANTS:
NAME OF SPECIAL EVENT HOST
Host Phone No.
Email Address
NAME OF EVENT OPERATOR:
Operator Phone No.
Email Address
NAME OF EVENT ON-SITE COORDINATOR
Coordinator Phone No.
Email Address
§75-10 B IT IS AGREED, Along with this application for a Special Event License, the special event operator, the special event host and the special event on-site coordinator shall furnish suitable evidence of their intention and ability to comply with the following conditions: * Maintain order on the premises and surrounding areas; * Keep the premises and surrounding areas clean and free of trash, paper and other debris; *Place an adequate number of trash containers in convenient locations for the use of the public; * Place no amusement ride in operation for public use until the same has been inspected by the operator and sponsor for mechanical, structural, electrical and other hazards; * Provide adequate safeguards to protect both the operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other possible or potential hazards; and * Provide adequate parking for the estimated number of people expected to attend the special event and provide alternative measures for overflow parking in order to comply with Subsection H.
In accordance with City Code Chapter 75 Licenses: §75-10 It shall be unlawful to host or operate a special event within the City, unless a license is granted by the City and the applicant complies with the following rules and regulations. A Copy of City Code Chapter §75-10 is included as page 2 of this application To view the city code in its entirety: www.newcarrolltonmd.gov
LICENSE FEE FOR THIS APPLICATION IS $ 110.00 Payable to: CITY OF NEW CARROLLTON
…no fee shall be charged for any special event where the same is operated, hosted or given for the benefit of any religious, educational, charitable or nonprofit social or fraternal organization.
Nonprofit Organization/ 5013C
Signature:
Title:
I hereby attest under penalty of perjury that this Application is true and correct to the best of my knowledge and that the special event will be in compliance with all federal, state, and local laws and regulations. I further understand that any false statements made above are grounds for denial or revocation of this special event license.
§ 75-10Special events.
It shall be unlawful to host or operate a special event within the City unless a license is granted by the City and the applicant complies with the following rules and regulations:
A. Definitions. For purposes of this section, the below listed words and phrases shall be given the following meanings:
SPECIAL EVENT
Includes any and all amusement rides, attractions, expositions, trade shows, sales shows, parades, exhibitions, performances, carnivals, circuses or other similar events. Such events are included without regard to whether they are held on public or private property. "Special event" does not include door-to-door solicitation.
SPECIAL EVENT HOST
Includes any person or entity who permits a special event to be held on property owned or under the control of such person or entity.
SPECIAL EVENT OPERATOR
Includes any person or entity who manages, owns or otherwise controls a special event.
THE PREMISES AND SURROUNDING AREAS
Includes the actual property on which the special event is held and any areas in close proximity to such property which are affected by the hosting and operation of the special event.
B. Along with application for a license, the special event operator and the special event host shall furnish suitable evidence of their intention and ability to comply with the following conditions:
(1) Maintain order on the premises and surrounding areas;
(2) Keep the premises and surrounding areas clean and free of trash, paper and other debris;
(3) Place an adequate number of trash containers in convenient locations for the use of the public;
(4) Place no amusement ride in operation for public use until the same has been inspected by the operator and sponsor for mechanical, structural, electrical and other hazards;
(5) Provide adequate safeguards to protect both the operators and the general public from inadvertently coming into contact with moving parts, belts, motor gears, electrical switches and other possible or potential hazards; and
(6) Provide adequate parking for the estimated number of people expected to attend the special event and provide alternative measures for overflow parking in order to comply with Subsection H below.
C. After approval of the applicant by the Code Enforcement Manager, the City shall issue a license. The fee shall be as set forth in adopted fee schedule, provided that no fee shall be charged for any special event where the same is operated, hosted or given for the benefit of any religious, educational, charitable or nonprofit social or fraternal organization.
D. Any license issued for a special event shall be issued for the duration of that event only and shall expire upon the end of the special event, provided that no special event license shall be issued for a period greater than one (1) year.
E. No license shall be issued for conducting a special event until the applicants have placed on file with the City a certificate of insurance indicating that there is in effect liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with such special event. Such insurance shall be in the minimum amount of five hundred thousand dollars ($500,000) for each person and one million dollars ($1,000,000) for each occurrence, naming the City as an additional insured.
F. The special event host and special event operator shall be responsible for furnishing adequate security at any special event. The adequacy of the security shall be determined based upon the number of people expected to attend and the nature of the special event.
G. The City reserves the right to limit the number of persons attending a special event, including the aggregate number attending a special event or the number attending a special event at any one (1) time.
H. The special event host and special event operator shall obtain written consent from a property owner, whether public or private, to use such property for parking associated with the special event. Persons associated with or attending the special event shall park only on such property. If persons associated with or attending the special event are found to be parking in areas where consent from the property owner was not obtained, the special event host and special event operator may lose their special event license, be subject to a fine not to exceed fifty dollars ($50) per vehicle or be required to cease the special event immediately on receiving notice from the Code Enforcement Officer or his or her designee when such Code Enforcement Officer or his or her designee finds violations of this subsection.
I. If any of the requirements of this § 75-10 are not satisfied, the application for special event license may be denied.
J. If such license application is denied, the applicant may appeal such denial to the City Administrative Officer. Such appeal shall be in writing and shall state, specifically, how each of the requirements of this § 75-10 are met and any other reason why such license should be granted. The City Administrative Officer may grant such license or deny such license with or without an informal hearing. Any denial shall be in writing and state the reason therefor.
§ 75-11Suspension and revocation of license.
A. The provisions of this section are in addition to the provisions of § 75-13 (penalties and enforcement).
B. If a City Code Enforcement Officer or police officer observes that a business for which a license has been issued under this chapter is being operated in violation of this chapter or in violation of the license, the officer immediately shall issue a written notice to the manager or other individual responsible for the operation of the business to cease and desist, or to correct, the unauthorized activity immediately or within such longer time as is specified in the notice. If the violation is not corrected immediately or within such longer time as specified in the notice, the officer shall issue to the manager or other individual responsible for the operation of the business a written notice that the City Council of New Carrollton will hold a hearing to determine whether the license should be suspended or revoked. Where City Code Enforcement Officers or City police officers reasonably believe that continued operation of the business until the City Council can hold a hearing on suspension or revocation of the license will result in an immediate and substantial threat to the public health, safety or welfare, the officer may take the same action as is authorized under § 75-13 (penalties and enforcement) for a business that is operating without a license. Such action shall remain in effect until the Council determines whether to allow the resumption of the business or suspend or revoke the license.
C. If any other government regulatory agency suspends or revokes a license or permit issued by that agency that is required by the City for the operation of the business in the City, the City license shall automatically be suspended until such time as the license or permit required by the other governmental agency is reinstated or issued, at which time the City license shall automatically be reinstated.
D. If the City Council holds a hearing to determine whether a license should be suspended or revoked, the City Administrative Officer shall send notice of the date, time, place and purpose of the hearing, including the violations or grounds for which suspension or revocation of the license will be considered. The notice shall be sent to the license holder, to the business entity for whose use and benefit the license was issued, and to the owner of the premises at which the trade or business is located. The notice shall be sent by certified and first-class mail to the addresses of such persons as listed on the license application. Where action is taken under § 75-11B the City Council shall conduct the hearing within fifteen (15) days after the date of the written notice of hearing.
(1) At a hearing the Council shall consider testimony and evidence from the City, from the holder of the license, and from other interested persons.
(2) Following the hearing, if the Council finds that the violations as alleged should be sustained, the Council may suspend or revoke the license, or take such other action with respect to the license as the Council reasonably shall determine appropriate to protect the public health, safety and welfare and to ensure future compliance with this chapter and the license, including imposing new or additional conditions.
(3) The Council shall issue a written decision of its findings and actions with such sufficiency as would be required for judicial review. The City Administrative Officer shall mail copies of the decision promptly to the same persons and in the same manner as the notice of the hearing was sent. The City Administrative Officer also shall mail copies of the decision to all other parties of record.
E. If the Council revokes a license, the holder of the license and the operator of the business may not apply for or receive another license for one (1) year following the date of the revocation except with the consent of the Council upon a showing of a material change in the circumstances and conditions that led to the revocation of the license.
§ 75-12Appeals.
A. Any person aggrieved by a decision of the Code Enforcement Manager to deny the granting of a license under this chapter, or to impose any terms, conditions and restrictions upon the granting of a license, and any person aggrieved by a decision of the City Administrative Officer regarding a special events license may appeal the decision to the Council within ten (10) days following the date of the written decision by delivering a written notice of appeal to the City Administrative Officer on such form as may be prescribed by the City Administrative Officer.
(1) The Council shall give the appellant notice of the date, time and place of a hearing before the Council regarding the appeal.
(2) At the hearing the Council shall hear from the appellant and the City Code Enforcement Manager or the City Administrative Officer, as the case may dictate, and such other City personnel and other individuals as the Council deems appropriate. The Code Enforcement Manager or the City Administrative Officer shall present the record that formed the basis of the City's decision. At the hearing the appellant shall have the burden of demonstrating to the Council that the City's decision was arbitrary, capricious or contrary to law.
(3) After the City Council hears and considers the appeal, it must determine whether the decision of the City was arbitrary, capricious or contrary to law, and whether the Council should affirm, modify or reverse the City's decision. In such cases the Council may take any action that the Code Enforcement Manager or the City Administrative Officer was authorized to take with respect to the license. The Council shall make written findings to support and document its decision.
B. Any person aggrieved by any decision of the Council under this section or § 75-11 may seek judicial review in the circuit court for Prince George's County by filing a petition for judicial review within thirty (30) days after the date of the decision of the Council. The decision of the circuit court may be further appealed to the Maryland Court of Special Appeals as allowed by law.
§ 75-13Penalties and enforcement.
A. A person may not violate this chapter or the terms, conditions or restrictions of a license issued under this chapter. Each day that a person continues to violate this chapter or the terms, conditions or restrictions of a license issued under this chapter is a separate offense.
B. A person who violates this chapter or the terms, conditions or restrictions of any license issued under this chapter is guilty of a municipal infraction and subject to a fine in the amount of one hundred fifty dollars ($150) for the violation, except that the amount of the fine for each day that a violation continues is three hundred dollars ($300).
C. The Code Enforcement Department and, when required, the New Carrollton Police Department shall have the duty of enforcing the requirements of the chapter, assuring continued compliance with this chapter and responding to all complaints, and conducting inspections of licensed operations. City Code Enforcement Officers and sworn officers of the City's Police Department may issue municipal infraction citations for violations.
D. In addition to the issuance of municipal infraction citations, after notice to the manager or other individual on the premises in charge of the operation of the business is given, City Code Enforcement Officers and City police officers may take such measures as reasonably necessary to effect the closing or otherwise prevent the unlawful continuance or operation of a business that a Code Enforcement Officer or police officer observes is being operated without the license required by this chapter. Such measures include:
(1) Locking or securing the premises or otherwise denying entry into the premises; or
(2) Ordering the premises to be vacated and posting in and on the exterior of the premises notices that the business is closed by order of the City and that no person is to enter the premises without permission of the City. Such measures taken shall remain in force until such time as the owner or operator of the premises provides assurances reasonably satisfactory to the City Administrative Officer that the operation of the business will not be resumed without a license.
E. In addition to the other remedies provided in this section, the City may institute a judicial proceeding to enforce or restrain violations of the provisions of this chapter or of a license issued under this chapter.
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