§ 9.52.040. Definitions.

As used in this chapter:

"Applicant" means any person, firm, association, corporation, organization, club or ad hoc committee who or which seeks a special event permit from the City, through the Chief of Police, to conduct or sponsor a special event governed by this chapter. An applicant must be 18 years of age or older. The applicant shall be the individual who is directly responsible for organizing and/or conducting the event and/or the facility manager.

"Attended bicycle parking" means a service provided by the event sponsor or qualified bicycle parking service provider where at least one attendant is present throughout the event to receive, return and guard bicycles, and where a safe and sufficiently large area has been set aside for event attendees to leave their bicycles.

"Chief of Police" means the Chief of the Oakland Police Department or his or her designee.

"Circus" means any transient, travelling, or transportable show or exhibition where a variety of performances by acrobats, clowns, and/or trained animals and restricted animals is a substantial attraction or principle business.

"Entertainment" means providing to the public food and/or beverages; live or recorded music; dancing; mechanical, animal or carnival rides; games of chance; performances and/or plays; animal or restricted animal performances; audiovisual presentations; amplified sound; competitive or sporting events; and/or promotional events.

"Event sponsor" means any person, entity, business, or group who operates or conducts, or shares in the revenue of, an event subject to this chapter.

"Extraordinary police services" means responsive police services which are in addition to and in excess of the normal police services provided to the facility or off-site as a direct result of the event at the facility.

"Facility" means the building, room or place where the special event is to take place.

"On-site manager" means an employee, agent, or representative of an event sponsor who is physically present at the facility and has the authority to make immediate decisions regarding the conduct of the event.

"Open to the public" means an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge.

"Permit application fee" means the nonrefundable fee to be paid by the permit applicant at the time the application is filed with the Chief of Police. A fee schedule shall be set by the City Council and shall cover the actual costs of processing and investigating special event applications, and administering the special events permit program.

"Responsible party" means, for the purpose of determining liability for damage to City or public facilities as a result of a special event and liability for the cost of extraordinary police services pursuant to Subsection 9.52.120G, any event sponsor(s) and/or promoter(s) and/or facility operator(s) and/or facility owner(s)and their respective designees.

"Restricted animal" shall have the same meaning as set forth in Fish and Game Code Section 2119 and Title 14, California Code of Regulations Section 671 et seq.

"Security officer" means a person who possesses a valid state guard permit and who is currently licensed by the City as a private watchman in accordance with the Oakland Municipal Code.

"Special event" (hereinafter "event") means, for the purpose of this chapter, an event sponsored by any person, entity, business or group including but not limited to the Oakland Unified School District, the Port of Oakland, the Oakland Coliseum complex, the Paramount Theater, and at any event venue within the City and open to the public:

A.

Which is held in any public park and/or facility or on any property and/or facility which is open to the public, and

B.

At which 50 or more participants (including sponsors and guests) are present, and

C.

At which entertainment is provided by or for any person, and/or made available to any person, and/or

D.

For-profit entertainment activities of persons, entities and businesses who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the City but which holds an event that will foreseeably result in impacts on public safety, health, welfare, and police resources, or

E.

Any circus event involving a performance by any trained animal or restricted animal.

Exclusions: "Special event," as defined in this section, shall not include:

A.

An event held in a private residence where no admission is charged, the event is not open or advertised to the public, and no extraordinary police services are required;

B.

An event held in a members-only facility at which the only participants are the members (and their invited nonpaying guests) and no extraordinary police services are required;

C.

Events sponsored by religious entities held in the religious entity's facility which only members by permission attend and no extraordinary police services are required;

D.

For-profit entertainment activities of persons, entities and businesses such as cabarets who or which are currently licensed to regularly provide specified entertainment activities at fixed locations in the City and no extraordinary police services are required;

E.

Any entertainment for which other City special permits have previously been obtained, such as, but not limited to, parade permits, dance permits, short-term encroachment permits and City sponsored events otherwise permitted when the Chief of Police determines such other permits are more appropriate for the particular event.

F.

Any event, series of events and/or specific type of event may be exempted at the discretion of the Chief of Police, based upon evidence that the event or events will not impact police services and will not affect public health, safety and welfare, or animal or restricted animal health or safety if the event is a Circus.

G.

An event held at an East Bay Regional Park facility which is subject to existing permit application procedures adopted by the East Bay regional park district, provided the East Bay regional park district notifies all applicants that any person or entity issued a permit for an event at an East Bay regional park facility is liable for the provision by the Oakland Police Department of extraordinary police services that may be required as a result of the event.

(Ord. No. 13209, § 2, 1-7-2014; Ord. 12884 § 3 (part), 2008; Ord. 12132 § 1 (part), 1999)