§ 11. MASS GATHERINGS

A.

DEFINITIONS

For the purpose of this section, the following words shall have the meanings respectively ascribed to them by this subsection:

(1)

Mass gathering means any meeting or gathering held inside the corporate limits of the City of Santa Fe on city property or private property which attracts or can be expected to attract more than one hundred fifty (150) persons during any day or portion of any day of the meeting or gathering.

(2)

Issuing officer means the chief of police.

(3)

Promoter means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes, manages, finances, or holds a mass gathering.

B.

PROHIBITIONS

No person may act as a promoter of a mass gathering in the City of Santa Fe unless he obtains a permit from the issuing officer under the provisions of this section.

C.

EXCEPTIONS

The provisions of this section shall not apply to any mass gathering that is held at or in an established and permanent facility that is designed for and capable of handling more than one hundred fifty (150) persons during any day such as, but not limited to, churches, sports, stadiums, arenas, centers, coliseums, and auditoriums, and shall not apply to parades conducted in accordance with a valid city parade permit, nor to any event for which prior approval must be obtained from the city under any other ordinance, policy, or contract.

D.

APPLICATION FOR PERMIT

(1)

At any time prior to the mass gathering, but in no event less than fourteen (14) days prior to the mass gathering, the promoter of the mass gathering shall file with the chief of police an application for a permit. No fee shall be charged for issuance of a permit.

(2)

The city manager where good cause is shown therefore, shall have the authority to cause the chief of police to consider any application hereunder which is filed less than fourteen (14) days before the date such gathering is proposed to be conducted.

(3)

The application shall include the following:

(a)

The name and address of the promoter.

(b)

The location and a description of the property on which the mass gathering is to be held.

(c)

The date and the time that the mass gathering will be held.

(d)

The number of persons the promoter estimates will attend the mass gathering.

(e)

A description of the type of event planned.

(f)

Permittee shall reimburse the city for expenditures for the services of the policemen, firemen, E.M.S., hospital, cleaning of the grounds, damages, and such other costs as the city may incur as a consequence of the gathering other than normal customary services provided by the city. Either bond or cash at the promoter's option shall be posted in an amount not less than the number of persons estimated to attend the mass gathering multiplied by twenty cents ($0.20) to insure the reimbursement to the city for such expenditures. The city shall refund to the promoter the amount of cash posted less any amount expended by the city for said services or other costs.

(g)

A certificate of insurance stating that the promoter has public liability insurance providing for protection of not less than one hundred thousand dollars ($100,000.00) against liability for damages to property and protection of not less than one hundred thousand dollars ($100,000.00) for injury to or death of one (1) person and of not less than three hundred thousand dollars ($300,000.00) for protection against injury to or death of two (2) or more persons in a single accident or occurrence.

E.

INVESTIGATION

After an application is filed with the chief of police, the chief of police shall inquire into preparations for the mass gathering and provide a statement as to whether or not he believes that the minimum standards of health, sanitation, and buildings will be maintained.

F.

FINDINGS OF CHIEF OF POLICE

(1)

Within seven (7) days after the initial application, the chief of police shall grant or deny the permit.

(2)

The chief of police may deny the permit if they find that:

(a)

the preparations for the mass gathering do not assure that minimum standards of sanitation, health, and buildings will be maintained; or that the mass gatherings will be conducted in an orderly fashion and the physical safety of property and persons in attendance and in the surrounding area will be adequately protected; and

(b)

no insurance or bond or cash deposit have been posted to insure reimbursement to the city for its services or for damages; or no waiver has been granted.

(3)

The decision to deny a permit shall be accompanied by a statement of the reasons for the denial. After a denial, the promoter may reapply for a permit hereunder or appeal the decision of the chief of police directly to the city council.

(4)

If an applicant does not agree with the conditions of the permit, a direct appeal of the conditions of the permit may be made to council for modification.

(Ordinance No. 03-81 of February 4, 1981)