§ 31-159. Standards for issuance.

(a)

The city clerk shall issue a permit for a special event if the special event meets the following requirements:

(1)

The special event will be held between the hours of 7:00 a.m. and 11:00 p.m. Provided that, upon the applicant's request, the city clerk or designee may extend a special event that does not involve alcoholic beverages to 2:00 a.m. the following day, and the governing body may extend a special event that involves alcoholic beverages to 2:00 a.m. the following day if the applicant shows, for the extended time period, that the special event is designed to meet other city ordinances and the standards of issuance set forth in this section.

(2)

The special event will not substantially interrupt or unreasonably delay the safe and orderly movement of vehicular and pedestrian traffic contiguous to its location or route;

(3)

The special event will comply with the requirements of the most recently adopted version of the International Fire Code relating to entrances and exits, occupancy, and fire safety control;

(4)

The special event is not to be held for the sole purpose of advertising any product or service;

(5)

If the special event includes the presence, service, or consumption of alcoholic beverages, the special event shall be located only within:

(i)

The Aggieville Business District; or

(ii)

The Downtown Business District (including Manhattan Town Center Plaza); or

(iii)

The public park known, for purposes of this article, as Blue Earth Plaza, and more particularly described as Lot 8 of the Downtown Entertainment District Commercial PUD and the portion of Blue Earth Place adjacent to the southern boundary of such Blue Earth Plaza, the driveway and parking lot north and east of Blue Earth Plaza and more particularly described as Lot 7 of the Downtown Entertainment District Commercial PUD, and the portion of South 3rd Street, south of Colorado Street and north of Blue Earth Place.

(6)

If the special event includes the presence, service, or consumption of alcoholic beverages, such alcoholic beverages shall only be served by a caterer, as defined by K.S.A. 41-2601, and amendments thereto, who holds a valid city and state license for such service, or by a drinking establishment immediately adjacent to the special event which is granted a temporary extension of premises pursuant to K.S.A. 41-2645(e)(2) and holds a valid city and state license.

(7)

If the special event includes the presence, service, or consumption of alcoholic beverages, the plan for the event must include adequate provisions to control crowds and prevent off-premises consumption of alcohol and consumption of alcohol by minors.

(b)

The city clerk shall issue a permit for a block party if the block party meets the following requirements:

(1)

The block party shall be for no more than 12 hours, during daylight hours only. Provided that, the city clerk can extend the hours of the block party to 11:00 p.m. on Fridays and Saturdays, if the following conditions are met:

(i)

The city engineer determines that the street closure does not create an unreasonable safety hazard, based on the location and traffic flow of the street;

(ii)

The block party uses street closure safety devices that meet or exceed the city's traffic safety requirements; and

(iii)

The applicant pays for the costs of any street closure safety devices in advance of the block party date.

(2)

The street closure or obstruction does not substantially burden the residents of the neighborhood of the general public who might otherwise have occasion to use the roadway.

(3)

If the block party is located adjacent to a city park or facility, the block party shall not unreasonably interfere with any other scheduled events or normal park or facility operation.

(c)

The city clerk shall issue a permit for an assembly if the assembly meets the following requirements:

(1)

The assembly will not substantially interfere with, or interrupt, the safe and orderly movement of pedestrian and vehicular traffic.

(2)

The assembly will not prevent or impede access to the assembly area, or adjacent areas, by emergency response services, such as fire, police, and ambulances.

(d)

The city clerk may issue a permit that authorizes an alternative date for the special event, block party, or assembly, if such activity cannot occur for weather-related reasons.

(Ord. No. 6874, § 3, 1-18-11; Ord. No. 6958, § 72, 8-14-12; Ord. No. 7379, § 3, 10-2-18)